sec.150AWProtection from reprisal

### sec.150AW Protection from reprisal A councillor must not take detrimental action against a protected person in reprisal for a complaint or notification about the councillor’s conduct. Maximum penalty—167 penalty units or 2 years imprisonment. A councillor takes detrimental action in reprisal for a complaint or notification about the councillor’s conduct if— the councillor takes, threatens to take, or attempts to take the action because— a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or the councillor believes a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or the councillor incites, permits or conspires with another person to take or threaten to take the action for either of those reasons. In determining whether a councillor takes detrimental action in reprisal, it does not matter whether a reason stated in subsection (2) (a) (i) or (ii) is the only or main reason for taking the action, as long as it is a substantial reason. An offence against subsection (1) is an indictable offence that is a misdemeanour. In this section— notification , about a councillor’s conduct, means a notice about the conduct given under section 150R . protected person means— a councillor; or a local government employee. s 150AW ins 2018 No. 8 s 12 (sec.150AW-ssec.1) A councillor must not take detrimental action against a protected person in reprisal for a complaint or notification about the councillor’s conduct. Maximum penalty—167 penalty units or 2 years imprisonment. (sec.150AW-ssec.2) A councillor takes detrimental action in reprisal for a complaint or notification about the councillor’s conduct if— the councillor takes, threatens to take, or attempts to take the action because— a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or the councillor believes a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or the councillor incites, permits or conspires with another person to take or threaten to take the action for either of those reasons. (sec.150AW-ssec.3) In determining whether a councillor takes detrimental action in reprisal, it does not matter whether a reason stated in subsection (2) (a) (i) or (ii) is the only or main reason for taking the action, as long as it is a substantial reason. (sec.150AW-ssec.4) An offence against subsection (1) is an indictable offence that is a misdemeanour. (sec.150AW-ssec.5) In this section— notification , about a councillor’s conduct, means a notice about the conduct given under section 150R . protected person means— a councillor; or a local government employee. - (a) the councillor takes, threatens to take, or attempts to take the action because— (i) a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or (ii) the councillor believes a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or - (i) a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or - (ii) the councillor believes a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or - (b) the councillor incites, permits or conspires with another person to take or threaten to take the action for either of those reasons. - (i) a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or - (ii) the councillor believes a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or - (a) a councillor; or - (b) a local government employee.