Victimisation
9 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 an appropriate disclosure of public interest information commits 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, the victim cannot subsequently lodge a complaint under the
Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim 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 for Equal Opportunity is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the
Commissioner for Equal Opportunity 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: Maximum penalty: $20 000 or imprisonment for 2 years.
Proceedings for an offence against subsection (5) 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—
loss or damage (including damage to reputation); or
injury or harm (including psychological harm); or
intimidation or harassment; or
discrimination, disadvantage or adverse treatment in relation to a person's employment; or
threats of reprisal.
For the purposes of this section, a threat of reprisal may be—
express or implied; or
conditional or unconditional, and in any proceedings dealing with an act of victimisation (including proceedings for an offence against subsection (5)) it is not necessary to prove that the person threatened actually feared that the threat would be carried out.
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