VICIn ForceAct
Victoria Police Act 2013
173Prohibition of victimisation
Start here
Get a plain-English read of 173
Turn the raw legal text into a practical explanation grounded in Victoria Police Act 2013.
173 Prohibition of victimisation
(1) A person must not take detrimental action, or cause, incite or permit detrimental action to be taken, against a member of Victoria Police personnel—
(a) because the member has made a complaint under section 167 about the conduct of a police officer or protective services officer; or
(b) because the member has given information or evidence to the Chief Commissioner or Director in the course of an investigation or further investigation under this Part or Part 3 of the **Independent Broad-based Anti-corruption Commission Act 2011**; or
(c) because the person believes that the member has made, or intends to make, a complaint referred to in paragraph (a) or has given, or intends to give, information or evidence referred to in paragraph (b).
(2) In determining whether a person takes detrimental action against a member of Victoria Police personnel it is irrelevant—
(a) whether or not a factor in subsection (1) is the only or dominant reason for the action; or
(b) whether the person acts alone or in association with any other person.
(3) A person does not commit an offence against subsection (1) in relation to a complaint if—
(a) the person presents or points to evidence that suggests a reasonable possibility that the complaint was made frivolously, vexatiously or in bad faith; and
(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.
***detrimental action*** means action causing, comprising or involving any of the following—
(a) injury, damage or loss;
(b) intimidation or harassment;
(c) ostracism;
(d) discrimination, disadvantage or adverse treatment in relation to employment;
(e) dismissal from, or prejudice in, employment;
(f) disciplinary proceedings.