DISCRIMINATION ACT 1991 - SECT 68 Victimisation
DISCRIMINATION ACT 1991 - SECT 68
Victimisation(1) It is unlawful for a person (the first person ) to subject, or threaten to subject, another person (the other person ) to any detriment because—
(a) the other person, or someone associated with the other person—
(i) has taken discrimination action; or
(ii) proposes to take discrimination action; or
(b) the first person believes the other person, or someone associated with the other person—
(i) has taken discrimination action; or
(ii) proposes to take discrimination action.
(2) In this section:
"discrimination action" means any of the following:
(a) begin a proceeding in the ACAT or a court in relation to this Act;
(b) make a discrimination complaint;
(c) participate in or assist with, a criminal investigation in relation to an offence under the Criminal Code
, section 750 (Serious vilification);
(d) give information or produce a document or other thing to a person exercising a function under the HRC Act
in relation to a discrimination complaint;
(e) give information, produce a document or other thing or answer a question when required under the HRC Act
in relation to a discrimination complaint;
(f) give evidence or produce a document or thing to the ACAT or a court in relation to this Act;
(g) reasonably assert any rights that the other person, or someone else, has under this Act;
(h) claim that a person has committed an act that is unlawful under this Act, or is an offence against the Criminal Code
, section 750, other than a claim that is false and not made honestly;
(i) do anything else in accordance with this Act.
"discrimination complaint" means a complaint under the HRC Act
about an unlawful act.
"HRC Act" means the Human Rights Commission Act 2005
.