Discrimination means giving a person or a group of people less treatment than another person or group of people. Equal opportunity is a fundamental human right. To protect this right, the states, territories and federal government of Australia have enacted legislation (written laws) prohibiting certain acts of discrimination.

Discrimination against a person will be unlawful when:

• it is based on a personal characteristic such as:
  • race,
  • gender,
  • disability including mental illness,
  • pregnancy and breastfeeding,
  • marital and parental or carer status,
  • age or
  • religion; and

• it happens in an area of public life such as:
  • employment,
  • education,
  • provision of goods and services,
  • accommodation,
  • clubs or
  • interest groups; and
• it causes loss or humiliation.

Other unlawful treatment covered by discrimination laws includes:

• racial vilification,
• sexual harassment,
• victimisation and
• whistle blowing.

Because each jurisdiction has its own legislation the types of discrimination you can complain about may also be different. You may need to check with a lawyer or the anti-discrimination commissioner in your state or territory to confirm whether you can formally complain about the treatment you have suffered. In all jurisdictions the person who feels that they have been discriminated against starts the proceedings by making a complaint to an administrative agency. This agency provides a process of inquiry and conciliation. If the complaint is not resolved it will go to a tribunal which will hear the evidence and make a determination. If the complaint is still not resolved there is a possibility of appealing to a court for judgment.

Each jurisdiction also has a number of exemptions which allow actions to take place which might otherwise be discriminatory. For example it would not be religious discrimination to refuse to ordain a practicing Buddhist as a Catholic priest. Nor would it be gender discrimination for a male hockey team to refuse to accept a female hockey player or for a bottle shop to display a sign refusing service to people under the age of 18. There may also be exemptions that allow for positive discrimination such as setting aside disabled parking spots or allowing breastfeeding mothers to take extra work breaks during the day to express breastmilk.

You can find out more information about the various laws and the types of discrimination they cover from the Australian Human Rights Commission: https://www.humanrights.gov.au/guide-australias-anti-discrimination-laws#summary.

Our Legal Guide on Anti-Discrimination provides both sides of a discrimination dispute with information on the available procedures in different states and territories and under the federal system. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you who specialises in Anti-Discrimination law.