South Australian Current Acts South Australian Current 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 provided, or intends to provide,
information under this Act commits an act of victimisation.
(2) However, causing
detriment on the ground that a person—
(a) has
made a false allegation; or
(b) has
not acted in good faith,
does not constitute an act of victimisation.
(3) 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,
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.
(4) If 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.
(5) 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.
(6) A person who
personally commits an act of victimisation under this Act is guilty of an
offence.
Maximum penalty: $10 000.
(7) Proceedings for an
offence against subsection (6) may only be commenced by a police officer
or a person approved by either the Commissioner of Police or the Director of
Public Prosecutions.
(8) 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.