299Detrimental action offences [NSW]

299 Detrimental action offences [NSW]

299 Detrimental action offences [NSW]

(1) A person must not take detrimental action against another person if—

(a) the person suspects, believes or is aware, when taking the detrimental action, that the other person or a third person has made, may have made, may make or proposes to make a protected disclosure; and

(b) the suspicion, belief or awareness is a contributing factor to the taking of the detrimental action.

Penalty—

(a) for an individual—$34,200; or

(b) for a large child care provider—$516,600; or

(c) otherwise—$172,200.

(2) The fact the suspicion or belief was mistaken is not a defence to a prosecution for a detrimental action offence.

(3) In a prosecution for a detrimental action offence, the accused bears the onus of proving, in relation to detrimental action established by the prosecution to have been taken by the accused—

(a) the accused did not have the suspicion, belief or awareness mentioned in subsection (1)(a); or

(b) if the accused had the suspicion, belief or awareness—the suspicion, belief or awareness was not a contributing factor to the taking of the detrimental action.

s 299: Subst 2025 No 68, Sch 1[9].