Victorian Consolidated Legislation

Racial and Religious Tolerance Act 2001 - SECT 14

What is victimisation?

14. What is victimisation?



(1) A person victimises another person if the person subjects or threatens to
subject the other person to any detriment because the other person, or a
person associated (whether as a relative or otherwise) with the other person-

   (a)  has made a complaint against any person;

   (b)  has brought any other proceedings under this Act against any person;

   (c)  has given evidence or information, or produced a document, in
        connection with any proceedings under this Act;

   (d)  has attended a compulsory conference at the Tribunal;

   (e)  has otherwise done anything in accordance with this Act in relation to
        any person;

   (f)  has alleged that any person has contravened a provision of this Act,
        unless the allegation is false and was not made in good faith;

   (g)  has refused to do anything that would contravene a provision of this
        Act-

or because the person believes that the other person or the associate has done
or intends to do any of those things.

(2) It is sufficient for subsection (1)(f) that the allegation states the
conduct that would constitute the contravention, without actually stating that
this Act, or a provision of this Act, has been contravened.

(3) In determining whether a person victimises another person it is
irrelevant-

   (a)  whether or not a factor in subsection (1) is the only or dominant
        ground for the treatment or threatened treatment, so long as it is a
        substantial ground;

   (b)  whether the person acts alone or in association with any other person.