How to Make a Discrimination Complaint Against an Employer or Business (AHRC vs Your State Commission)

You told your manager you were pregnant and your next roster had half the hours. You asked for a sit-stand desk after a back injury and were suddenly “not meeting expectations”. You were refused a rental inspection once the agent heard your accent. You applied for a job you’re overqualified for and were told they wanted “energy”. Each of those is a discrimination complaint waiting for someone to write it down properly.

Discrimination law in Australia is a two-track system: four federal Acts enforced through the Australian Human Rights Commission, and a state or territory Act enforced through a local commission and tribunal. You choose one. The complaint statement is the same in shape whichever you pick.

Your rights

• Protected attributes. Federally: sex, pregnancy, breastfeeding, family responsibilities, marital status, sexual orientation and gender identity (Sex Discrimination Act 1984); disability, including past, future and imputed disability and the need for reasonable adjustments (Disability Discrimination Act 1992); race, colour, descent, national or ethnic origin (Racial Discrimination Act 1975); age (Age Discrimination Act 2004). State Acts add attributes such as carer status, religious belief, political belief, lawful sexual activity, physical features and irrelevant criminal record, depending on the state.
• Protected areas. Employment (including recruitment, terms, promotion, dismissal), goods and services, accommodation, education, clubs, and the administration of Commonwealth or state laws and programs.
• Direct and indirect discrimination. Direct: treated less favourably because of the attribute. Indirect: a “neutral” rule (full-time only, must lift 20 kg, must be available Saturdays) that disadvantages people with your attribute and isn’t reasonable.
• Victimisation for complaining is a separate contravention, and the Fair Work Act 2009 s 351 makes discrimination in employment adverse action as well (an alternative claim with a 21-day limit if you’ve been dismissed; you must choose between the general protections route and the discrimination route).

Federal or state: how to choose

The AHRC route uses the four federal Acts, conciliates, and if unresolved leads to the Federal Court or Federal Circuit and Family Court, where costs can follow the result. The state route uses the state Act, conciliates through the state commission, and if unresolved goes to a tribunal (NCAT, VCAT, QCAT or QIRC, SAT, SACAT, TASCAT, ACAT, NTCAT) where each side usually bears its own costs. State Acts sometimes cover attributes the federal Acts don’t. The AHRC’s practical limit is 24 months (the President may decline older complaints); most states are 12 months. Whichever you choose, lodge inside the limit and don’t rely on a late-acceptance discretion.

By state

• New South Wales. Anti-Discrimination Act 1977. Anti-Discrimination NSW; 12 months; NCAT.
• Victoria. Equal Opportunity Act 2010. Victorian Equal Opportunity and Human Rights Commission (dispute resolution) or direct application to VCAT; the Commission may decline complaints more than 12 months old.
• Queensland. Anti-Discrimination Act 1991. Queensland Human Rights Commission; 1 year (s 138); QIRC for work complaints, QCAT for the rest.
• Western Australia. Equal Opportunity Act 1984. Equal Opportunity Commission; 12 months; State Administrative Tribunal.
• South Australia. Equal Opportunity Act 1984. Commissioner for Equal Opportunity; 12 months (s 93); SACAT.
• Tasmania. Anti-Discrimination Act 1998. Equal Opportunity Tasmania; 12 months; TASCAT.
• Australian Capital Territory. Discrimination Act 1991. ACT Human Rights Commission; 2 years; ACAT.
• Northern Territory. Anti-Discrimination Act 1992. Northern Territory Anti-Discrimination Commission; 12 months; NTCAT.

The Claim Done document asks your state first and drafts the complaint to that state’s Act or the relevant federal Act.

What to do right now

1. Name the attribute and the area. “Pregnancy, employment.” “Disability, goods and services.” Every complaint form asks this first and it frames the whole statement.
2. Find the comparison. Who without your attribute was treated better, or what rule hit you harder than others? Discrimination is about less favourable treatment, so the comparison is the spine of the case.
3. Build the dated chronology. Disclosure or request date; the change in treatment; what was said; who was present; the outcome (dismissal, hours cut, refusal).
4. Gather the paper. Rosters before and after, the email refusing the adjustment, the job ad, the text from the agent, performance reviews that were fine until the disclosure.
5. Lodge, then negotiate. Employers take a lodged complaint seriously in a way they don’t take an internal grievance. Conciliation is confidential.

The internal complaint still matters

Lodging externally doesn’t mean skipping the internal step. A formal written grievance to the employer, with the same chronology and a request for a specific remedy within 14 days, does three things: it triggers the employer’s own policy obligations; it creates a record that they were on notice; and a poor response (or none) becomes evidence in conciliation. For sex discrimination and sexual harassment, the employer’s positive duty under s 47C of the Sex Discrimination Act means its response to your grievance is itself examinable. Send the grievance, diarise the response date, and lodge externally on or before that date regardless of what comes back.

Who to complain to

Australian Human Rights Commission (federal Acts). Your state or territory commission (listed above). The Fair Work Commission if the conduct is dismissal-related and you prefer the general protections route (21 days). The Fair Work Ombudsman for related underpayment. Your union, if you have one, can represent you in any of these.

Get the complaint drafted — $97

Claim Done drafts your Discrimination Complaint Statement and Witness Statement: attribute, area, the dated acts, the comparison, the section of the Act breached, the internal reporting history and the outcome sought.

Draft My Discrimination Complaint — $97 →

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