Discrimination

The following laws operate at a Federal level and the Australian Human Rights Commission has statutory responsibilities under them:

• Age Discrimination Act 2004 (Cth)
• Australian Human Rights Commission Act 1986 (Cth)
• Disability Discrimination Act 1992 (Cth)
• Racial Discrimination Act 1975 (Cth)
• Sex Discrimination Act 1984 (Cth)

Commonwealth laws and the state/territory laws generally cover the same grounds and areas of discrimination. However, there are some ‘gaps’ in the protection that is offered between different states and territories and at a Commonwealth level.

In addition, there are circumstances where only the Commonwealth law would apply or where only the state or territory law would apply.

The Australian Human Rights Commission is an independent body which investigates and resolves:

• complaints about sex, race, disability and age discrimination, and
• complaints about discrimination in employment based on religion, criminal record, trade union activity, sexual preference, political opinion and social origin.

A complaint can be made no matter where you live in Australia and it doesn’t cost anything to make a complaint. The steps in the complaint process are:

• Make an enquiry
• Make a complaint
• Investigation
• Conciliation
• Decision

Comparison – Australian Human Rights Commission

Coverage: ALL Australian employees

Cost for application: No cost

Lodgment time limit: 12 months

High income threshold: No limit

Maximum amount of compensation possible: No limit

There are agencies in each state and territory which deal with anti-discrimination matters under their respective laws. The agencies are:

• ACT Human Rights Commission
• Anti-Discrimination Board of New South Wales
• Anti-Discrimination Commission of Queensland
• Equal Opportunity Commission Western Australia
• Northern Territory Anti-Discrimination Commission
• Office of the Anti-Discrimination Commission (Tasmania)
• South Australia Equal Opportunity Commission
• Victorian Equal Opportunity and Human Rights Commission