South Australian Current Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 86

86—Victimisation is unlawful

        (1)         It is unlawful for a person to commit an act of victimisation.

        (2)         For the purposes of this section, a person commits an act of victimisation against another person (the "victim") if he or she treats the victim unfavourably on the ground that the victim has—

            (a)         brought proceedings under this Act against a person; or

            (b)         given evidence or information in proceedings under this Act; or

            (c)         made allegations that the victim or some other person has been the subject of an act that contravenes this Act; or

            (d)         reasonably asserted the victim's right or the right of some other person to lodge a complaint or take other proceedings under this Act; or

            (e)         otherwise done anything under or by reference to this Act,

or on the ground that he or she knows that the victim intends to do any of those things, or suspects that the victim has done, or intends to do, any of those things.

        (3)         Unfavourable treatment 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.