South Australian Numbered Acts South Australian Numbered Acts22—Insertion of sections 55A and 55B
After section 55 insert:
55A—Victimisation
(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.
55B—Vicarious liability for offences
If a trust or corporate entity is guilty of an offence against this Act, each
person occupying a position of authority in the entity is guilty of an offence
and liable to the same penalty as is prescribed for the principal offence
unless it is proved that the person could not, by the exercise of reasonable
care, have prevented the commission of the offence by the entity.