Anti-discrimination laws in Australia
Discrimination is defined as something which occurs when1:
- there is unfair treatment of you based on a personal characteristic (such as race, sex, disability and age);
- that occurs in an area of public life;
- which causes you some loss or humiliation;
- and the event happened to you in the last six, twelve or 48 months (depending on your state/territory).
Discrimination becomes unlawful when it happens in an area of public life such as the provision of goods, services, accommodation, access to public transport, employment and state education as well as in registered clubs and associations.
Depending on your state or territory, anti-discrimination legislation might be called something slightly different. For example, in NSW, this is called ‘anti-discrimination legislation’ while in South Australia they are called ‘equal opportunity legislation’.
If you believe you have been discriminated against, you will need to make a written complaint to the relevant agency in your state or territory. A decision is then made whether you have grounds for making a complaint under the appropriate Act. If the complaint cannot be resolved by conciliation, you have the option to have it referred to a Discrimination Tribunal for a public hearing.
Contact the relevant agency in your state/territory for more information.
- A guide to Australia’s anti-discrimination laws
- National Anti-Discrimination Information Gateway
- Access to Justice website
- Australian Human Rights Commission (previously HREOC)
References
- Equal Opportunity Commission (SA), 2007.
page updated 10 June 2011



