criminal-law victoria
Is it blackmail to menace someone with reporting them to an authority if they don&#39;t comply?
<p>Under the Crimes Act (Vic) <a href="https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s87.html" rel="nofollow noreferrer">https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s87.html</a> it mentions that you cannot menace someone in order to obtain some benefit or to cause someone a loss.</p>
<p>In this situation is it blackmail to threaten someone who has been evading taxes (Commonwealth of Australia) that you will make a report to the ATO about a relative of an individual if the individual doesn't help you investigate a matter over which THEY have authority and are not exercising it.</p>

<h2>Yes, that’s blackmail</h2>
<p>Threatening to report an alleged crime is “menaces”. It’s only ok to use those in support of a demand if they are not “unwarranted” and there are “reasonable grounds” for the demand. Here, there are neither.</p>
<p>If a person is not performing a statutory duty then the appropriate response is to escalate the matter to their superiors or seek a court order. Not to “menace” them.</p>
<p>Of course, if the person has discretion over whether to investigate or not and they have properly exercise that discretion then there are no reasonable grounds for the demand. They have done all they are required to do.</p>
