31RDetrimental action offence

#### 31R Detrimental action offence 31R Detrimental action offence > > (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 is a protected person, and > > > > > (b) the suspicion, belief or awareness is a contributing factor to the taking of the detrimental action. > > > > Maximum penalty—200 penalty units or imprisonment for 5 years, or both. > > > > Note. > > > > It is not a detrimental action offence to take reasonable management action in relation to a person. See section 31O. > > > (2) The fact the suspicion or belief was mistaken is not a defence to a prosecution for a detrimental action offence. > > > (3) A detrimental action offence is an indictable offence. > > > (4) 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. > > > (5) It is a defence to a prosecution for a detrimental action offence that the detrimental action constituted appropriate corrective action. > > > (6) Proceedings for a detrimental action offence may be instituted at any time within 3 years after the offence is alleged to have been committed. > > **s 31R:** Ins 2022 No 14, Sch 5\[9\].