---
title: "Assess whether conduct after a disability complaint is victimisation"
url: "https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/assess-whether-conduct-after-a-disability-complaint-is-victimisation"
type: "task"
site: "AI Law Framework"
id: "A15-QU20261022-5"
practice_area: "Anti-Discrimination & Industrial Relations"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Assess whether conduct after a disability complaint is victimisation

> Index the detriment and the threats in the documents the lawyer selects against the grounds in section 42(2)(a) to (g).…

Canonical page: https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/assess-whether-conduct-after-a-disability-complaint-is-victimisation  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Anti-Discrimination & Industrial Relations](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Index the detriment and the threats in the documents the lawyer selects against the grounds in section 42(2)(a) to (g). Record the date of the complaint, proceeding, information, conference, evidence, assertion or allegation the lawyer identifies. The tool does not decide that an offence has been committed and writes nothing that is sent or filed. |
| What the lawyer must review | The lawyer decides whether the conduct is victimisation, whether it is an offence, and writes any advice, letter or complaint. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: Index the detriment and the threats in the documents the lawyer selects against the grounds in section 42(2)(a) to (g). Record the date of the complaint, proceeding, information, conference, evidence, assertion or allegation the lawyer identifies. The tool does not decide that an offence has been committed and writes nothing that is sent or filed.
- What the lawyer does: The lawyer decides whether the conduct is victimisation, whether it is an offence, and writes any advice, letter or complaint.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Match each alleged detriment to a ground in section 42(2), including a belief that the person has done or proposes to do one of those things.
2. Keep the index to documents the lawyer selected. Do not add a ground from another Act.
3. Confirm the output contains no advice and no letter. The penalty stated is imprisonment for 6 months, as the section provides.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Disability Discrimination Act 1992 (Cth) s 42](https://classic.austlii.edu.au/au/legis/cth/consol_act/dda1992264/s42.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/assess-whether-conduct-after-a-disability-complaint-is-victimisation/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*