Commonwealth Consolidated Acts Commonwealth Consolidated ActsActually causing detriment to another person
(1) A person (the first person ) commits an offence if:
(a) the first person engages in conduct; and
(b) the first person's conduct causes any detriment to another person (the second person ); and
(c) the first person intends that his or her conduct cause detriment to the second person; and
(d) the detriment is caused without the consent of the second person; and
(e) the first person engages in his or her conduct because the second person or a third person:
(i) gave, or may give, information when requested or required to do so under section 9 of the Ombudsman Act 1976 (as it applies because of section 15 of this Act) ; or
(ii) produced, or may produce, a document when requested or required to do so under that section ; or
(iii) attended, or may attend, to answer questions when requested or required to do so under that section ; or
(iv) answered, or may answer, questions while attending to answer questions when requested or required to do so under that section ; or
(v) is the subject of a report under this Act, or the Ombudsman Act 1976 (as it applies because of section 15 of this Act), that relates to an investigation under this Act.
Penalty: Imprisonment for 6 months.
Threatening to cause detriment to another person
(2) A person (the first person ) commits an offence if:
(a) the first person makes to another person (the second person ) a threat to cause any detriment to the second person or to a third person; and
(b) the first person:
(i) intends the second person to fear that the threat will be carried out; or
(ii) is reckless as to causing the second person to fear that the threat will be carried out; and
(c) the first person makes the threat because a person:
(i) gave, or may give, information when requested or required to do so under section 9 of the Ombudsman Act 1976 (as it applies because of section 15 of this Act) ; or
(ii) produced, or may produce, a document when requested or required to do so under that section ; or
(iii) attended, or may attend, to answer questions when requested or required to do so under that section ; or
(iv) answered, or may answer, questions while attending to answer questions when requested or required to do so under that section ; or
(v) is the subject of a report under this Act, or the Ombudsman Act 1976 (as it applies because of section 15 of this Act), that relates to an investigation under this Act.
Penalty: Imprisonment for 6 months.
(3) For the purposes of subsection ( 2), a threat may be:
(a) express or implied; or
(b) conditional or unconditional.
(4) In a prosecution for an offence against subsection ( 2), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.