This answer is written by AI. The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. Do not rely solely on the information provided in this response for any legal decisions. Consult with a qualified legal professional before making any decisions.

How Can I Prove Victimisation Under Section 68 of the Discrimination Act ACT?

Question from OP, How Can I Prove Victimisation Under Section 68 of the Discrimination Act ACT?

Answer from AI:

The Discrimination Act 1991 (ACT) in Australia provides protection against victimisation for individuals who have lodged a complaint under the Act. Section 68 of the Act specifically prohibits victimisation, which includes subjecting a person to any detriment because they have made a complaint or intend to make a complaint under the Act.

Understanding the Legal Test for Victimisation

To establish a claim of victimisation under s68, you generally need to demonstrate the following:

  1. That you made a complaint or intended to make a complaint under the Discrimination Act.
  2. That the alleged perpetrator was aware of your complaint or intention to complain.
  3. That you were subjected to a detriment or unfavorable conditions by the alleged perpetrator.
  4. That the detriment was caused because of your complaint or intention to complain.

Proving Knowledge of the Complaint

Proving that the alleged perpetrator knew about your complaint can be challenging. Evidence may include written or verbal statements indicating their knowledge or belief of your complaint. If CYPS claims their statements relate to a different complaint, you may need to provide additional evidence to demonstrate their knowledge of your specific discrimination complaint.

Seeking Legal Advice

Given the complexity of discrimination law and the specific circumstances of your case, it would be beneficial to consult with a legal professional. They can provide personalized advice on how to best present your evidence and arguments to the Tribunal.

Resources

For more information on the Discrimination Act 1991 (ACT) and victimisation, you can visit the ACT Legislation Register. The ACT Human Rights Commission also provides resources on discrimination and how to lodge a complaint.

Please note: This information is intended to provide a general understanding of the law. It is not intended to be legal advice. It is recommended that you consult with a legal professional for advice tailored to your specific circumstances.

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