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What is the time limit on making a complaint to the Australian Human Rights Commission?

  • You have 12 months after the alleged discrimination occurred to lodge a complaint.
  • After this time the Australian Human Rights Commission can decide not to investigate your complaint. This is to encourage prompt action on your behalf.
  • The Australian Human Rights Commission can choose to still investigate your complaint despite its late lodgement.
  • If you lodge a complaint outside the 12 month timeframe make sure you include reasons for the delay on the form.
  • Reasons might include:
    • you were not aware of your rights until now;
    • you were not aware that the alleged discrimination was unlawful until now;
    • you were misinformed about your options until now;
    • you have been overseas for an extended period of time; or
    • you were dealing with other serious issues at the time which inhibited you from going through the complaint process (such as caring for a sick relative).
  • There is no guarantee that these reasons will be sufficient to justify your late lodgement of a complaint. The decision is entirely up to the Australian Human Rights Commission.