South Australian Numbered Acts South Australian Numbered Acts (1) A person commits
an act of victimisation against another person (the
"victim") if he or she causes detriment to the victim on the ground, or
substantially on the ground, that the victim—
(a) has
disclosed or intends to disclose information; or
(b) has
made or intends to make an allegation,
that has given rise, or could give rise, to proceedings against the person
under this Act.
(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 the victim's
employment or business; or
(d)
threats of reprisal.