Victorian Repealed Acts

This legislation has been repealed.

Equal Opportunity Act 1995 - SECT 97

What is victimisation?

97. 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-

   (a)  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;

   (d)  has attended a compulsory conference at the Tribunal;



   (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 Part 3, 5
        or 6, unless the allegation is false and was not made in good faith;

   (g)  has refused to do anything that would contravene a provision of Part
        3, 5 or 6-

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 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 as long as it is a
        substantial reason;

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

Division 2-Authorising or assisting discrimination