South Australian Consolidated Acts South Australian Consolidated Acts (1) 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.
(2) An act of
victimisation under this Act may be dealt with—
(a) as a
tort; or
(b) 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.
(3) Where 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.
(4) In this
section—
"detriment" includes—
(a)
injury, damage or loss; or
(b)
intimidation or harassment; or
(c)
discrimination, disadvantage or adverse treatment in relation to a person's
employment; or
(d)
threats of reprisal.