Who a complaint can be about

  • a person
  • people or
  • an organisation

who discriminated against, sexually harassed, asked unnecessary questions of, publicly vilified, or victimised another person, is responsible for their own actions.

A complaint can be made about any or all of them.

A person who encourages or requests a person to discriminate

A complaint can also be made about a person who encourages or requests another person to contravene the Anti-Discrimination Act, if their request or encouragement results in the person being discriminated against, sexually harassed, victimised, vilified or being asked for unnecessary information on which discrimination could be based.

A person who causes a reprisal because of a PID

A person, people or organisation who caused a detriment (reprisal) because a person made a Public Interest Disclosure is responsible for their own actions.

A complaint can be made about any or all of them.

Back to top


Vicarious liability

If the person was doing their work at the time they discriminated against, sexually harassed, asked unnecessary questions on which discrimination could be based, publicly vilified, or victimised another person, their employer may also be responsible.

If a person was acting as an agent on behalf of another person when the they discriminated against, sexually harassed, asked unnecessary questions of, publicly vilified, or victimised another person, both will be responsible for the behaviour.

This is called 'vicarious liability'.

An employer or principal will not be vicariously liable if they can prove that they took reasonable steps to prevent the unfair treatment happening.

Back to top