Victimisation
57 Victimisation
A person who causes detriment to another on the ground, or substantially on the ground, that the other person or a third person has made or intends to make a complaint or report under this Act or has provided, or intends to provide, information or other assistance to the Commission in connection with an investigation under this Act commits an act of victimisation.
Causing detriment on the ground that a person—
has made a false allegation; or
has not acted in good faith, does not constitute an act of victimisation.
An act of victimisation under this Act may be dealt with—
as a tort; or
as if it were an act of victimisation under the Equal
Opportunity Act 1984, but, if the victim commences proceedings in a court seeking a remedy in tort, he or she cannot subsequently lodge a complaint under the
Equal
Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, he or she cannot subsequently commence proceedings in a court seeking a remedy in tort.
If a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the
Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint.
In proceedings against a person seeking a remedy in tort for an act of victimisation committed by an employee or agent of the person, it is a defence to prove that the person exercised all reasonable diligence to ensure that the employee or agent would not commit an act of victimisation.
A person who personally commits an act of victimisation under this Act is guilty of an offence.
Maximum penalty: $10 000.
Proceedings for an offence against subsection (6) may only be commenced by a police officer or a person approved by either the Commissioner of Police or the Director of Public
Prosecutions.
In this section—
detriment includes—
injury, damage or loss; or
intimidation or harassment; or
discrimination, disadvantage or adverse treatment in relation to a person's employment; or
threats of reprisal.
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