• Each jurisdiction has:
  • its own legislation,
  • its own mechanism for making complaints,
  • its own tribunals and
  • its own rules about when an appeal can be made to a court.
• The basic mechanisms for all states and territories and the Commonwealth are set out below including links to the relevant commissions and tribunals.
• Appeal mechanisms are very complex and have strict time limits. If you are unhappy with a tribunal’s decision you should immediately seek legal advice if you have not done so already.

• Australian Capital Territory:
  • Legislation:
    • Anti-Discrimination Act 1991 (ACT); and
    • Human Rights Commission Act 2005 (ACT).
  • The first complaint should be made to the ACT Human Rights and Discrimination Commissioner;
    • http://www.hrc.act.gov.au/discrimination/
  • if conciliation is unsuccessful you can take the complaint to the ACT Civil and Administrative Tribunal (ACAT);
    • http://www.acat.act.gov.au/discrimination/discrimination
  • if you are unhappy with the tribunal’s decision you can request a review of the decision by an ACAT appeal panel on a question of fact or law.
• Queensland:
  • Legislation:
    • Anti-Discrimination Act 1991 (Qld).
  • The first complaint should be made to the Anti-Discrimination Commission Queensland (ADCQ);
    • http://www.adcq.qld.gov.au/
  • if conciliation is unsuccessful you can take the complaint to the Queensland Civil and Administrative Tribunal (QCAT);
    • http://www.qcat.qld.gov.au/matter-types/anti-discrimination-matters
  • if you are unhappy with the tribunal’s decision you may be able to request a review of the decision by an appeal panel of the tribunal or the QLD Court of Appeal.
• Northern Territory:
  • Legislation:
    • Anti-Discrimination Act 1996 (NT).
  • The first complaint should be made to the NT Anti-Discrimination Commission;
    • http://www.adc.nt.gov.au/
  • if conciliation is unsuccessful the Anti-Discrimination Commissioner will conduct a hearing;
  • after the hearing either party can appeal to the NT Local Court against the decision made by the Commissioner; and
  • if you are unhappy with the Local Court decision you can appeal to the NT Supreme Court.
• South Australia:
  • Legislation:
    • Equal Opportunity Act 1984 (SA);
    • Racial Vilification Act 1984 (SA);
    • Civil Liability Act 1936 (SA); and
    • Whistleblower’s Protection Act 1993 (SA).
  • The first complaint should be made to the Equal Opportunity Commission;
    • http://www.eoc.sa.gov.au/
  • if conciliation is unsuccessful you can take the complaint to the Equal Opportunity Tribunal;
    • http://www.courts.sa.gov.au/OurCourts/DistrictCourt/Pages/Equal-Opportunity-Tribunal.aspx
  • if you are unhappy with the tribunal’s decision you can appeal to the SA Supreme Court.
• Western Australia:
  • Legislation:
    • Equal Opportunity Act 1984 (WA).
  • The first complaint should be made to the WA Equal Opportunity Commission;
    • http://www.eoc.wa.gov.au/Index.aspx
  • if conciliation is unsuccessful the Commissioner will review the file and either dismiss the complaint or refer you to the State Administrative Tribunal;
    • http://www.sat.justice.wa.gov.au/E/equal_opportunity.aspx
    • if the Commissioner dismisses your complaint you have 21 days to notify the Commissioner in writing that you require the matter to be referred to the tribunal;
  • if you are unhappy with the tribunal’s decision you may be able to appeal to the WA Court of Appeal or the Supreme Court (depending on the constitution of the tribunal) but only on a question of law.
• New South Wales:
  • Legislation:
    • Anti-Discrimination Act 1977 (NSW).
  • The first complaint should be made to the Anti-Discrimination Board of NSW;
    • http://www.antidiscrimination.justice.nsw.gov.au/adb/adb1_index.html
  • If conciliation is unsuccessful you can ask for the President to send the matter to the NSW Civil and Administrative Tribunal (NCAT);
    • http://www.ncat.nsw.gov.au/ncat/administrative_equal_opp.html
  • if you are unhappy with the tribunal’s decision you may be able to request an internal appeal from the tribunal’s appeal panel on questions of law. You may also request leave (permission) to appeal against the merits of the decision.
• Victoria:
  • Legislation:
    • Equal Opportunity Act 2010 (Vic);
    • Racial and Religious Tolerance Act 2001 (Vic)
    • Charter of Human Rights and Responsibilities 2006 (Vic)
  • the first complaint should be made to the Victorian Equal Opportunity and Human Rights Commission;
    • http://www.humanrightscommission.vic.gov.au/index.php/discrimination
  • if conciliation is unsuccessful or you want to go straight to a tribunal you can take the complaint to the Victorian Civil and Administrative Tribunal (VCAT);
    • http://www.vcat.vic.gov.au/disputes/equal-opportunity
  • if you are unhappy with the tribunal’s decision you may seek leave (permission) to appeal to the Victorian Supreme Court or the Court of Appeal depending on the constitution of the tribunal. Appeals can only be made on a question of law.
• Tasmania:
  • Legislation:
    • Anti-Discrimination Act 1998 (Tas).
  • The first complaint should be made to the Anti-Discrimination Commission;
    • http://www.antidiscrimination.tas.gov.au/
  • if conciliation is unsuccessful the Commissioner may refer the complaint to the Anti-Discrimination Tribunal;
    • http://www.magistratescourt.tas.gov.au/divisions/Anti-Discrimination_Tribunal
  • if you are unhappy with the tribunal’s decision you may be able to appeal to the Tasmanian Supreme Court.
• Commonwealth:
  • Legislation:
    • Age Discrimination Act 2004 (Cth);
    • Australian Human Rights Commission Act 1986 (Cth);
    • Disability Discrimination Act 1992 (Cth);
    • Racial Discrimination Act 1975 (Cth); and
    • Sex Discrimination Act 1984 (Cth).
  • The first complaint should be made to the Australian Human Rights Commission;
    • https://www.humanrights.gov.au/complaints-information
  • if conciliation is unsuccessful the President of the Commission will terminate the complaint. You can then commence proceedings in the Federal Court or Federal Magistrate’s Court;
  • if you are unhappy with the court or magistrate’s decision you may be able to appeal to the Full Bench of the Federal Court.

2(a) Making a written complaint.

• Decide whether to make a complaint to your state or territory commission or the Australian Human Rights Commission. This will depend on the facts of your situation and you may need legal advice to help you make the decision.
• Complaints need to be made in writing. Most state and territory commissions require you to use one of their complaint forms. Complaint forms can usually be found on the commission’s website linked in our overview guide.
• Complaints need to include an:
  • allegation (this is the incident or act of discrimination);
  • a ground (this is the basis of the discrimination such as race or gender); and an
  • area (this is the part of your life where the discrimination affected you such as education, work or the provision of goods and services).
• In your complaint you should include information about:
  • what happened;
  • when it happened, giving exact dates if possible;
  • where it happened;
  • who it happened to, who did it and who saw it happen (if anyone);
  • what effect it had on you such as losing your job, being unable to receive a service or receiving less favourable treatment; and
  • what impact it has had on you personally.
• These tips about document preparation will help the commission understand your complaint:
  • if you have any evidence use the original and keep a copy for your personal file;
  • try not to be repetitive in your complaint. Say something clearly and only say it once;
  • ask someone you know who is fair and impartial to read your complaint and ask for their opinion. You are so familiar with a situation it can be easy to forget to explain the context or setting. A neutral person will tell you whether you have accidentally missed something out or have not explained something in the most effective manner; and
  • get someone to proof read your complaint when you feel that it is finished. If you do not have anyone to ask it can be useful to print it out and read it carefully yourself.

2(b) Responding to a complaint.

• If you have been complained about you will receive a letter from the commission notifying you of the complaint. They will also provide you with a copy of the complaint.
• You can either respond to the complaint in writing or just wait until the conciliation.
• If you choose to respond in writing:
  • explain your side of the story especially if you think you acted reasonably in the circumstances;
  • address the complainant’s suggestions for resolving the matter. You can either accept, reject or negotiate the terms they have suggested;
  • make sure you include all your contact details on the response;
  • send your response to the complainant’s address which will have been provided to you by the commission and send a copy to the commission;
  • confirm to the commission that you have sent your response to the complainant; and
  • if you are not the sole respondent send a copy of your response to all the other respondents. Their details will have been provided to you by the commission