Commonwealth Consolidated Regulations

DEFENCE REGULATION 2016 - REG 48

Causing detriment to another person

  (1)   A member, or an employee of the Department, commits an offence if:

  (a)   the member or employee engages in conduct that causes detriment to another person; and

  (b)   the member or employee intends to cause the detriment because the other person:

  (i)   has made, or proposes to make, a complaint under this Part; or

  (ii)   has redressed, or proposes to redress, a member's grievance about a decision, act or omission that relates to the member's service in the Defence Force; or

  (iii)   has taken, or proposes to take, any other action under this Part.

Penalty:   10 penalty units.

Threatening to cause detriment to another person

  (2)   A member, or an employee of the Department, commits an offence if:

  (a)   the member or employee makes a threat to another person (the second person ) to cause detriment to the second person or to a third person; and

  (b)   the member or employee:

  (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 member or employee makes the threat because a person:

  (i)   has made, or proposes to make, a complaint under this Part; or

  (ii)   has redressed, or proposes to redress, a member's grievance about a decision, act or omission that relates to the member's service in the Defence Force; or

  (iii)   has taken, or proposes to take, any other action in relation to this Part.

Penalty:   10 penalty units.

  (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.