Anti-Discrimination Law in Australia: Your Rights and How to Complain

Australia has anti-discrimination law at both the federal and state/territory level. Together, these laws protect people from unfair treatment in employment, housing, education, and the provision of goods and services. Understanding what is and is not covered — and how to make a complaint — is important for newcomers, particularly in the workplace.

Federal anti-discrimination legislation

The major federal anti-discrimination Acts are:

• Age Discrimination Act 2004 — prohibits discrimination based on age in employment and other areas
• Disability Discrimination Act 1992 — covers physical, intellectual, psychiatric, and sensory disabilities
• Racial Discrimination Act 1975 — prohibits unfavourable treatment based on race, colour, descent, or national or ethnic origin
• Sex Discrimination Act 1984 — covers sex, sexual orientation, gender identity, marital or relationship status, pregnancy, and breastfeeding

These laws apply across Australia. The federal body that administers them is the Australian Human Rights Commission (AHRC).

What counts as discrimination

Discrimination can be direct (treating someone less favourably because of a protected characteristic — for example, not hiring someone because of their ethnic background) or indirect (applying a policy or requirement that appears neutral but disadvantages people with a protected characteristic).

Discrimination is unlawful when it occurs in work (hiring, dismissal, pay, promotion, training), accommodation (being refused tenancy or being evicted), education, or the provision of services (being refused service in a shop or government service).

Harassment — including racial vilification or sexual harassment — is a separate category but often addressed through the same frameworks.

State and territory bodies

Each state and territory also has its own anti-discrimination legislation, which may be broader in some areas than federal law. Complaints can be made to either the AHRC or the relevant state/territory body, depending on which law applies and the complainant’s preference.

State bodies include the NSW Anti-Discrimination Board, the Victorian Equal Opportunity and Human Rights Commission, the Queensland Human Rights Commission, and equivalent bodies in other states.

How to make a complaint

To lodge a federal complaint:

1. Contact the AHRC at humanrights.gov.au — complaints are lodged online, by post, or by phone.
2. The Commission will assess whether the complaint is within its jurisdiction and invite a response from the respondent.
3. Most complaints go through conciliation — a confidential process where the parties attempt to reach an agreement with the assistance of a mediator. This is free.
4. If conciliation fails, the complainant can apply to the Federal Court or Federal Circuit and Family Court to have the matter heard formally.

State complaints follow similar processes through the relevant state body.

Timeframes matter. Federal complaints under the Age, Disability, Sex, and Race Discrimination Acts should be lodged within 24 months of the alleged act. State timeframes vary, with some as short as 12 months. Do not delay.

Protections against victimisation

It is unlawful to victimise — or threaten to victimise — a person for making a discrimination complaint, assisting in a complaint, or refusing to participate in discrimination. Victimisation is itself a separate ground of complaint.

Finding help

Community legal centres, the AHRC, and state commissions all offer free information. A solicitor can help you assess the strength of your complaint. Legal aid may be available depending on your financial situation and the nature of the matter.