Sex Discrimination Act 1984

It is unlawful for a person to commit an act of victimisation against another person.

See also section 94 (offence of victimisation).

See also the definition of unlawful discrimination in the Australian Human Rights Commission Act 1986.

For the purposes of subsection (1), a person (the first person) commits an act of victimisation against another person if the first person subjects, or threatens to subject, the other person to any detriment on the ground that the other person:

has made, or proposes to make, a complaint under this Act or the Australian Human Rights Commission Act 1986; or

has brought, or proposes to bring, proceedings under this Act or the Australian Human Rights Commission Act 1986 against any person; or

has given, or proposes to give, any information, or has produced, or proposes to produce, any documents to a person exercising or performing any power or function under this Act or the Australian Human Rights Commission Act 1986; or

has attended, or proposes to attend, a conference held under this Act or the Australian Human Rights Commission Act 1986; or

has appeared, or proposes to appear, as a witness in a proceeding under this Act or the Australian Human Rights Commission Act 1986; or

has reasonably asserted, or proposes to assert, any rights of the person or the rights of any other person under this Act or the Australian Human Rights Commission Act 1986; or

has made an allegation that a person has done an act that is unlawful by reason of a provision of this Part (other than subsection (1)); or

has made an allegation that a person has contravened a provision of Part IIA;

In a proceeding for a contravention of subsection (1) constituted by subjecting, or threatening to subject, a person to a detriment on the ground that the person has made an allegation mentioned in paragraph (2)(g) or (h), it is a defence if it is proved that the allegation was false and was not made in good faith.