New South Wales Consolidated Acts

CHILDREN'S GUARDIAN ACT 2019 - SECT 152

152 Protection of complainant against retribution

(1) A person must not take or threaten to take detrimental action--

(a) against an Official Community Visitor, or

(b) in respect of a person because that person, in good faith, makes, or proposes to make, a complaint under this Part.

: Maximum penalty--50 penalty units or imprisonment for 12 months, or both.

(2) For subsection (1)(b), a complaint is not made in good faith if--

(a) the report, complaint or notification was made or proposed in bad faith, or

(b) a material allegation was known, by the person giving the report, complaint or notification, to be false.

(3) In this section--

"community service" has the same meaning as in the Community Services (Complaints, Reviews and Monitoring) Act 1993 .

"complaint" includes providing information, documents or evidence in relation to a complaint under this Part.

"detrimental action" means action causing, comprising or involving any of the following--

(a) injury, damage or loss,

(b) intimidation or harassment,

(c) discrimination, disadvantage or adverse treatment in relation to employment,

(d) dismissal from, or prejudice in, employment,

(e) prejudice in the provision of a community service,

(f) disciplinary proceedings.