101Offence to engage in retaliation in course of management

101 Offence to engage in retaliation in course of management (1) A person (person A) commits an offence if: (a) person A is a public officer; and (b) person A intentionally engages in conduct; and (c) the conduct is retaliation against another person (person B) and person A is reckless in relation to that circumstance; and (d) person B is a person under the management, supervision or control of person A in person A's capacity as a public officer; and (e) the retaliation is engaged in in circumstances connected to person A's management, supervision or control of person B; and (f) person A has knowledge of the circumstances mentioned in paragraphs (d) and (e).

Independent Commissioner Against Corruption Act 2017 78 (3) For subsection (1), if the retaliation consists of a threat to cause (a) the prosecution must prove that person A: (i) intended person B to fear the threat would be carried out; or (ii) was reckless as to person B fearing the threat would be carried out; but (b) it is not necessary to prove that person B actually feared the threat would be carried out. (4) In a prosecution for an offence against subsection (1) consisting of conduct mentioned in section 95(1)(a) or (b), it is not necessary to prove that person B or a third person was actually discouraged from taking protected action or providing support. (5) It is a defence to a prosecution for an offence against (a) person A's conduct was otherwise legal and was taken substantially for a reason other than a prohibited reason; or (b) person A believed that the conduct was a reasonable way of carrying out person A's role and responsibilities as a public (c) person A believed on reasonable grounds the information provided by the protected person that led to the conduct was false or misleading. (6) Person A has a legal burden of proof in relation to the matters mentioned in subsection (5).