Equal Opportunity
6. Lodging a Complaint
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 22 Jul 2015
- If you believe that you have been discriminated against you should first try to resolve the matter by speaking to a person at your workplace or the person in charge at any public venue.
- Sometimes it is simply a matter of raising a person or organisation's awareness. At other times it can be more complicated.
- If your initial discussions are not successful or satisfactory you can complain to:
- the Australian Human Rights Commission;
- the Fair Work Commission if your employer has taken adverse action against you; or
- your state or territory tribunal or equal opportunity body.
- Where you choose to lodge your complaint will depend on which legislation you are lodging the complaint under. This can be state, territory or federal law.
- You do not need to have a lawyer to lodge a complaint although a lawyer can help you ensure that you include all relevant information and that you lodge your complaint in the most suitable court, tribunal or commission. In some situations once you lodge your complaint you may not be able to change your mind later.
- To lodge a complaint at the Australian Human Rights Commission you must keep in mind that:
- it must be made in writing (including email);
- you can mail, fax, email or submit the form online; and
- you are encouraged to use the complaint form to make sure you provide all required information.
- The relevant forms are available at https://www.humanrights.gov.au/complaints/make-complaint.
- You can lodge a complaint form the following ways:
- online;
- on your smart phone;
- by mail to the Director, Investigation and Conciliation Service, Australian Human Rights Commission, GPO Box 5218, Sydney NSW 2001;
- by fax on 02 9284 9611; or
- by email to newcomplaints@humanrights.gov.au.
- After making a complaint to the Australian Human Rights Commission you may be asked for further information including documents.
- The respondent (person or business you complained about) will be provided with a copy of your complaint and may be asked to provide a response or other information. You will be informed of the respondent’s reply (if any).
- You may then be invited to attend conciliation with the respondent. This is an informal dispute resolution process similar to mediation. If the matter is not resolved at conciliation more information may be requested from you.
- The Australian Human Rights Commission will decide whether the complaint can be resolved. If it cannot be resolved it will be terminated (ended). A termination notice will be given to all the people involved in the complaint. This can happen if there is no conciliation or after an unsuccessful conciliation.
- You can take the matter to the Federal Circuit Court or Federal Court of Australia within 60 days of the termination of the complaint. You will need a copy of the termination notice to take the matter to the Federal Circuit Court or Federal Court of Australia.
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