Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) It is unlawful for a person to commit an act of victimisation against another person.
Note 1: See also section 51 (offence of victimisation).
Note 2: See also the definition of unlawful discrimination in the Australian Human Rights Commission Act 1986 .
Victimisation--actual detriment
(2) For the purposes of subsection (1), a person (the first person ) commits an act of victimisation against another person (the second person ) if:
(a) the first person engages in conduct; and
(b) the first person's conduct causes detriment to the second person; and
(c) the first person intends that the first person's conduct cause detriment to the second person; and
(d) the detriment is caused without the consent of the second person; and
(e) the first person engages in the first person's conduct because the first person believes that:
(i) the second person has made, or proposes to make, a complaint under the Australian Human Rights Commission Act 1986 ; or
(ii) the second person has brought, or proposes to bring, proceedings under the Australian Human Rights Commission Act 1986 against any person; or
(iii) the second person has given, or proposes to give, any information, or has produced, or proposes to produce, any documents to a person exercising or performing any power or function under this Act or the Australian Human Rights Commission Act 1986 ; or
(iv) the second person has attended, or proposes to attend, a conference held under the Australian Human Rights Commission Act 1986 ; or
(v) the second person has appeared, or proposes to appear, as a witness in a proceeding under this Act or the Australian Human Rights Commission Act 1986 ; or
(vi) the second person has reasonably asserted, or proposes to assert, any rights of the person or the rights of any other person under this Act or the Australian Human Rights Commission Act 1986 ; or
(vii) the second person has made an allegation that a person has done an act that is unlawful by reason of a provision of this Part.
Victimisation--threat of detriment
(3) For the purposes of subsection (1), a person (the first person ) commits an act of victimisation against another person (the second person ) if:
(a) the first person makes to the second person a threat to cause detriment to the second person or to a third person; and
(b) the first person:
(i) intends the second person to fear that the threat will be carried out; or
(ii) is reckless as to causing the second person to fear that the threat will be carried out; and
(c) the first person makes the threat because the first person believes in a matter mentioned in paragraph (2)(e).
(4) For the purposes of subsection (3), a threat may be:
(a) express or implied; or
(b) conditional or unconditional.
(5) In a proceeding for a contravention of subsection (1) constituted by an act of victimisation covered by subsection (3), it is not necessary to prove that the person threatened actually feared that the threat would be carried out.