Victimisation and adverse action
People have the right to make complaints.
When they make a complaint, they have certain protections.
In some cases these are called protections against Victimisation. Other times it can be called protection against retaliation.
Victimisation and retaliation occur when a person experiences adverse actions because of making a complaint.
Another way of saying this is that a person is treated differently in a negative way because they made a complaint.
In most cases it is against the law to treat someone negatively because they made a complaint about disability discrimination of something going wrong in a service that is paid for through the NDIS.
Types of adverse action
There are a number of different types of adverse action.
Being denied services
Harrassment
Reputational Harm
Unfair treatment
Losing services
What to do if it happens
It is also worth providing information about what a person should do if they are experiencing victimization or retaliation. We've written this list for disabled young people about different things they can do, which you can share with them.
Write down what happened, including dates, times, what was said and done, and if anyone else was there.
It can be useful talking to someone that you can trust about the situation you are in. They may be able to suggest some ways to fix the problem, or provide moral support.
If you are comfortable, talk to the person you feel is retaliating against you. They might not be aware of what they are doing. It also suggests to them that you know your rights, and that they are breaking the law, so they may stop because of that.
Tell the NDIS or Human Rights Commission about the retaliation or victimisation.
If things continue to get serious, it may be good to reach out to an advocacy organisation, or seek legal advice.
If retaliation continues after you’ve reported it, keep a note of what happens next, including dates, times, what is being said and done, and if anyone else was there. This can be used as evidence when the commission is investigating.
It can be tough to go through this. Make sure that you are practicing self-care, that you are connecting with your community, and that you remember you’re not alone, and this won’t last forever.
Reporting victimisation or retaliation
Any person who makes a complaint should be told that if they experience victimisation or retaliation, they should either:
- Complain to the NDIS Commission if the complaint is about the quality or safety of a NDIS Service or support.
- Complain to the Human Rights Commission if it is about disability discrimination.