Victimisation means subjecting or threatening to subject a person to some form of detriment because they have:

  • lodged, or is proposing to lodge, a complaint of discrimination or harassment
  • provided information or documents to an internal investigation or an external agency
  • attended a conciliation conference
  • reasonably asserted their rights, or supported someone else’s rights, under federal anti-discrimination laws
  • made an allegation that a person has acted unlawfully under federal anti-discrimination laws.

Example: An employee alleged that a client had sexually harassed her by making sexual comments while she performed her duties. The employee alleged that her employer offered her less shifts after she made a complaint about the alleged sexual harassment.

Victimisation is against the law. It can also be a criminal offence.

Concerns and complaints about discrimination and harassment should always be handled appropriately and sensitively. Establishing an effective internal complaints processes can help ensure this occurs.