Victorian Current Acts

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What is victimisation?

    (1)     A person victimises another person if the person subjects or threatens to subject the other person to any detriment because the other person, or a person associated with the other person—

S. 104(1)(a) amended by No. 26/2011 s. 34(Sch. item 5.1).

        (a)     has brought a dispute to the Commission for dispute resolution; or

        (b)     has made a complaint against any person under the old Act; or

        (c)     has brought any other proceedings under this Act or the old Act against any person; or

        (d)     has given evidence or information, or produced a document, in connection with—

              (i)         any proceedings under this Act or the old Act; or

S. 104(1)(d)(ii) amended by No. 26/2011 s. 20.

              (ii)     any investigation conducted by the Commission; or

        (e)     has attended a compulsory conference or mediation at the Tribunal in any proceedings under this Act or the old Act; or

        (f)     has otherwise done anything in accordance with this Act or the old Act in relation to any person; or

        (g)     has alleged that any person has contravened a provision of Part 4 or 6 or this Part, or Part 3, 5 or 6 of the old Act, unless the allegation is false and was not made in good faith; or

        (h)     has refused to do anything that—

              (i)     would contravene a provision of Part 4 or 6 or this Part; or

              (ii)     would have contravened a provision of Part 3, 5 or 6 of the old Act

or because the person believes that the other person or the associate has done or intends to do any of those things.

    (2)     It is sufficient for subsection (1)(g) that the allegation states the act or omission that would constitute the contravention without actually stating that this Act, or a provision of this Act, has been contravened.

    (3)     In determining whether a person victimises another person it is irrelevant—

        (a)     whether or not a factor in subsection (1) is the only or dominant reason for the treatment or threatened treatment provided that it is a substantial reason;

        (b)     whether the person acts alone or in association with any other person.

    (4)         In this section, "old Act "means the Equal Opportunity Act 1995 , as in force before its repeal.

Division 2—Authorising or assisting discrimination

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