Western Australian Current Acts Western Australian Current Acts (1) It is unlawful for
a person (in this section referred to as the victimiser ) to subject, or
threaten to subject, another person (in this subsection referred to as the
person victimised ) to any detriment on the ground that the person victimised
—
(a) has
made, or proposes to make, a complaint under this Act; or
(b) has
brought, or proposes to bring, proceedings against the victimiser or any other
person under this Act; or
(c) has
furnished, or proposes to furnish, any information, or has produced or
proposes to produce, any documents to a person exercising or performing any
function under this Act; or
(d) has
appeared, or proposes to appear, as a witness before the Tribunal in a
proceeding commenced under this Act; or
(e) has
reasonably asserted, or proposes to assert, any rights of the person
victimised or the rights of any other person under this Act; or
(f) has
made an allegation that a person has done an act that is unlawful by reason of
a provision of Part II, IIAA, IIA, IIB, III, IV, IVA, IVB or IVC,
or on the ground that
the victimiser believes that the person victimised has done, or proposes to
do, an act or thing referred to in any of paragraphs (a) to (f).
(2) Subsection (1)(f)
does not apply if it is proved that the allegation was false and was not made
in good faith.
(3) Subject to
subsection (2), the application or continued application of subsection (1) in
a particular case shall not be affected by —
(a) the
failure of the person victimised to do any proposed act or thing referred to
in any of the paragraphs of subsection (1); or
(b) the
withdrawal, failure to pursue, or determination of any complaint, proceeding
or allegation under this Act.
[Section 67 amended: No. 10 of 1998 s. 33(1); No.
2 of 2000 s. 28; No. 3 of 2002 s. 53; No. 55 of 2004 s. 304; No. 48 of 2012
s. 50.]