Australian Capital Territory Current Acts

DISCRIMINATION ACT 1991 - SECT 68

    (1)     It is unlawful for a person (the first person ) to subject, or threaten to subject, another person (the other person ) to any detriment because—

        (a)     the other person, or someone associated with the other person—

              (i)     has taken discrimination action; or

              (ii)     proposes to take discrimination action; or

        (b)     the first person believes the other person, or someone associated with the other person—

              (i)     has taken discrimination action; or

              (ii)     proposes to take discrimination action.

    (2)     In this section:

"discrimination action" means any of the following:

        (a)     begin a proceeding in the ACAT or a court in relation to this Act;

        (b)     make a discrimination complaint;

        (c)     participate in or assist with, a criminal investigation in relation to an offence under the Criminal Code

, section 750 (Serious vilification);

        (d)     give information or produce a document or other thing to a person exercising a function under the HRC Act

in relation to a discrimination complaint;

        (e)     give information, produce a document or other thing or answer a question when required under the HRC Act

in relation to a discrimination complaint;

        (f)     give evidence or produce a document or thing to the ACAT or a court in relation to this Act;

        (g)     reasonably assert any rights that the other person, or someone else, has under this Act;

        (h)     claim that a person has committed an act that is unlawful under this Act, or is an offence against the Criminal Code

, section 750, other than a claim that is false and not made honestly;

              (i)     do anything else in accordance with this Act.

"discrimination complaint" means a complaint under the HRC Act

about an unlawful act.

"HRC Act" means the Human Rights Commission Act 2005

.