Part 2 Prohibition of disability discrimination
Division 4 Offences
Section 41
Division 4—Offences
41 Unlawful act not offence unless expressly so provided
Except as expressly provided by this Division, nothing in this Act
makes it an offence to do an act that is unlawful because of a
provision of this Part.
42 Victimisation
(1) It is an offence for a person to commit an act of victimisation
against another person.
Penalty: Imprisonment for 6 months.
(2) For the purposes of subsection (1), a person is taken to commit an
act of victimisation against another person if the first-mentioned
person subjects, or threatens to subject, the other person to any
detriment on the ground that the other person:
(a) has made, or proposes to make, a complaint under this Act or
the Australian Human Rights Commission Act 1986; or
(b) has brought, or proposes to bring, proceedings under this Act
or the Australian Human Rights Commission Act 1986
against any person; or
(c) 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 Australian Human Rights Commission Act 1986;
or
(d) has attended, or proposes to attend, a conference held under
this Act or the Australian Human Rights Commission Act
1986; or
(e) has appeared, or proposes to appear, as a witness in a
proceeding under this Act or the Australian Human Rights
Commission Act 1986; or
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Disability Discrimination Act 1992
Compilation No. 33
Compilation date: 12/4/18
Authorised Version C2018C00125 registered 19/04/2018
Registered: 19/4/18