It is unlawful to penalize a person because they have made, or they intend to make, a complaint of discrimination or sexual harassment to the Equal Opportunity Commission or the Australian Human Rights Commission. This can give rise to a separate, additional complaint.

Common examples of victimization are making threats to punish the person in some way, excluding them from opportunities, demoting them or vilifying them in front of others. Some acts of victimization can also be criminal offences, for example, unlawful threats or assault.

South Australian law

Section 86 of the Equal Opportunity Act 1984 (SA) provides that it is unlawful to treat a person unfavourably on the ground that the person has, or intends to:

Commonwealth law

The Age Discrimination Act 2004 (Cth) [s 47A], Disability Discrimination Act 1992 (Cth) [s 58A], Racial Discrimination Act 1975 (Cth) [s 18AA] and Sex Discrimination Act 1984 (Cth) [s 47A] make victimisation unlawful.

Victimisation under Commonwealth law means to engage in conduct intending to cause, and causing, detriment to a person because of the belief that the person has done or proposes to do one or more of the following:

Victimisation can include the making of a threat (express or implied) to cause detriment to someone else, including a third party.

In addition to being unlawful discrimination, victimisation is an offence under several acts and can result in imprisonment of the offender.