Victimisation

What is victimisation? 

Unlawful victimisation under the Act is causing or threatening a detriment to someone because they:

• refused to do something that would contravene the Act;
• complained, or intend to complain, about something that would contravene the Act;
• is or has been involved in a proceeding under the Act, including as a witness, or supplying information to the Commission or tribunal; or
• are believed to have done or intend to do any of the above things.
  

Detriment means loss, damage, or injury to the person. It must be real and not trivial, and something that a reasonable person would consider to be a detriment.

The behaviour can be obvious or subtle. What matters is that the unfair treatment happens because of the person’s involvement in a complaint or their attempt to exercise their rights. 
 
Victimisation is unlawful even if the original complaint is not proven. Victimisation can be a one-off incident or a pattern of behaviour. 
 
Everyone has the right to raise concerns about discrimination or unlawful behaviour without fear of punishment. 
 
If you make a complaint or support someone else’s complaint, the law protects you from retaliation.