173Prohibition of victimisation

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.