Victimisationactual detriment
(a) the first person engages in conduct; and
(b) the first person's conduct causes detriment to another person (the
second person ); and
(c) the first person intends that his or her conduct cause detriment to
the second person; and
(d) the detriment is caused without the consent of the second person; and
(e) the first person engages in his or her conduct because he or she
believes that:
(i) the second person has made, or proposes to make, a complaint under the
Human Rights and Equal Opportunity Commission Act 1986 ; or
(ii) the second person has brought, or proposes to bring, proceedings under
the Human Rights and Equal Opportunity Commission Act 1986 against any
person; or
(iii) the second person has given, or proposes to give, any information, or
has produced, or proposes to produce, any documents to a person
exercising or performing any power or function under this Act or the
Human Rights and Equal Opportunity Commission Act 1986 ; or
(iv) the second person has attended, or proposes to attend, a conference
held under the Human Rights and Equal Opportunity Commission Act 1986
; or
(v) the second person has appeared, or proposes to appear, as a witness in
a proceeding under this Act or the Human Rights and Equal Opportunity
Commission Act 1986 ; or
(vi) the second person has reasonably asserted, or proposes to assert, any
rights of the person or the rights of any other person under this Act
or the Human Rights and Equal Opportunity Commission Act 1986 ; or
(vii) the second person has made an allegation that a person has done an
act that is unlawful by reason of a provision of Part 4 of
this Act.
Penalty: Imprisonment for 6 months.
Victimisationthreat of detriment
(a) the first person makes to another person (the second person ) a threat to
cause detriment to the second person or to a third person; and
(b) the first person:
(i) intends the second person to fear that the threat will be carried out;
or
(ii) is reckless as to causing the second person to fear that the threat
will be carried out; and
(c) the first person makes the threat because he or she believes in a
matter mentioned in paragraph (1)(e).
Penalty: Imprisonment for 6 months.
(a) express or implied; or
(b) conditional or unconditional.