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RACIAL AND RELIGIOUS TOLERANCE ACT 2001 - SECT 14

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 (whether as a relative or otherwise) with the other person—

S. 14(1)(a) substituted by No. 16/2010 s. 200(1)(a) (as amended by No. 26/2011 s. 34(Sch. item 9.2)).

        (a)     has brought a dispute against any person to the Commission for dispute resolution;

S. 14(1)(ab) inserted by No. 16/2010 s. 200(1)(a) (as amended by No. 26/2011 s. 34(Sch. item 9.2)).

        (ab)     has made a complaint against any person;

        (b)     has brought any other proceedings under this Act against any person;

        (c)     has given evidence or information, or produced a document, in connection with any proceedings under this Act;

S. 14(1)(d) substituted by No. 16/2010 s. 200(1)(b).

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

        (e)     has otherwise done anything in accordance with this Act in relation to any person;

        (f)     has alleged that any person has contravened a provision of this Act, unless the allegation is false and was not made in good faith;

        (g)     has refused to do anything that would contravene a provision of this 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)(f) that the allegation states the conduct 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 ground for the treatment or threatened treatment, so long as it is a substantial ground;

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

S. 14(4) inserted by No. 16/2010 s. 200(2).

    (4)     In this section, "complaint" means a complaint lodged under section 20, as in force before its repeal.



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