107Direction regarding action to protect persons from retaliation

107 Direction regarding action to protect persons from retaliation (1) Subject to subsection (2), the ICAC may give a written direction to a public body or public officer to do any of the following: (a) arrange for a public officer to be offered an opportunity to relocate to a suitable role in a different work unit or location; (b) manage any risks that a particular person, or persons of a particular group, will be the subject of retaliation; (c) take any other action or refrain from taking any action. Section 151 creates an offence for contravening a direction under this section. (2) The ICAC may give a direction under this section only if satisfied that: (a) the direction would: (i) assist in reducing the risk of retaliation; or (ii) assist in mitigating harm suffered as a result of retaliation or preventing harm as a result of possible future retaliation; and (b) it is reasonable in all the circumstances to give the direction, taking into account the nature and resources of the public body or public officer.

Independent Commissioner Against Corruption Act 2017 83 (3) Subject to subsection (4), before giving a direction under this section to a public body or public officer, the ICAC: (a) must consult: (i) for a public body – the person responsible for the management or control of a public body; or (ii) for a public officer – the public officer; and (b) may consult the Commissioner for Public Employment. (4) Subsection (3) does not apply to the extent that complying with that subsection would be likely to: (a) reveal the identity of a protected person or otherwise put a protected person at increased risk of retaliation; or (b) involve a risk that a person would suffer retaliation before the direction is given. (5) The ICAC may give a direction under this section to an independent public body or public officer only if the ICAC believes on reasonable grounds the direction will have no more than a minimal negative impact on the body or officer taking into account their nature and resources. (6) The ICAC may, in writing, vary or revoke a direction under this section if, as a result of further information, the ICAC considers the direction is no longer appropriate. independent public body or public officer means: (a) a public body that does not represent the Territory or is not otherwise controlled by the Territory or by another public body that represents the Territory; or (b) a public officer: (i) who does not represent the Territory; or (ii) who is a member, officer or employee of a public body mentioned in paragraph (a).