Victorian Current Acts Victorian Current Acts(1) A person must not take detrimental action, or cause, incite or permit detrimental action to be taken, against a member of Victoria Police personnel—
(a) because the member has made a complaint under section 167 about the conduct of a police officer or protective services officer; or
(b) because the member has given information or evidence to the Chief Commissioner or Director in the course of an investigation or further investigation under this Part or Part 3 of the Independent Broad-based Anti-corruption Commission Act 2011 ; or
(c) because the person believes that the member has made, or intends to make, a complaint referred to in paragraph (a) or has given, or intends to give, information or evidence referred to in paragraph (b).
Penalty: 120 penalty units or imprisonment for 1 year or both.
(2) In determining whether a person takes detrimental action against a member of Victoria Police personnel it is irrelevant—
(a) whether or not a factor in subsection (1) is the only or dominant reason for the action; or
(b) whether the person acts alone or in association with any other person.
(3) A person does not commit an offence against subsection (1) in relation to a complaint if—
(a) the person presents or points to evidence that suggests a reasonable possibility that the complaint was made frivolously, vexatiously or in bad faith; and
(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.
(4) In this section—
"detrimental action" means action causing, comprising or involving any of the following—
(a) injury, damage or loss;
(b) intimidation or harassment;
(c) ostracism;
(d) discrimination, disadvantage or adverse treatment in relation to employment;
(e) dismissal from, or prejudice in, employment;
(f) disciplinary proceedings.