44Victimisation—the Act, s 219(2)(i)

44 Victimisation—the Act, s 219(2)(i)

44 Victimisation—the Act, s 219(2)(i)

(1) A police officer must not take relevant action against another police officer in retaliation for the other police officer making—

(a) a report under this part, or

(b) a complaint under the Act, Part 8A, or

(c) a public interest disclosure under the Public Interest Disclosures Act 2022, or

(d) a disclosure to another police officer.

(2) To avoid doubt, subsection (1) does not prevent the taking of reasonable management action within the meaning of the Public Interest Disclosures Act 2022 in relation to a public official who is a police officer.

(3) A police officer takes relevant action against another police officer if the police officer does one or more of the following—

(a) fails to approve or recommend the promotion of the other officer,

(b) approves or recommends the taking of section 80 dismissal action against the other officer,

(c) approves or recommends the making of either of the following in relation to the other officer—

(i) a section 173 order,

(ii) a section 181D order,

(d) directs, approves or recommends the transfer of the other officer to another position in—

(i) the NSW Police Force, or

(ii) another government sector agency,

(e) makes, approves or recommends a decision which detrimentally affects the benefits or awards of the other officer,

(f) fails to approve or recommend that the other officer receive education or training which could reasonably be expected to—

(i) improve the other officer’s opportunities for promotion, or

(ii) confer some other advantage on the other officer,

(g) makes, approves or recommends changes to the duties of the other officer so that the duties are not appropriate to the other officer’s salary or position,