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What tribunal should I go to with a discrimination complaint?

I have a complaint of discrimination I wish to make against my former school. I’ve heard that I can take this to a state tribunal (I assume ACAT as I live in the ACT) but I’ve also heard I can complain about it to a federal tribunal? Is this the AAT? How do I complain to both?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 17-11-2015
1 Lawyer Answered
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kate Dodgson, Indooroopilly 4068 QLD

  • You are correct that complaints of discrimination can be made at both the state and federal level.
  • ACAT deals with complaints of discrimination and you can file a complaint there under state anti-discrimination laws.
  • You can also file a complaint at the federal level under federal laws but not to the AAT as they do not have jurisdiction (authority) over anti-discrimination matters.
  • There is a federal body called the Australian Human Rights Commission (AHRC) which handles complaints of discrimination under the federal anti-discrimination laws.
  • If the AHRC cannot resolve the matter they will send it to the Federal Court to be determined.
  • For more information about this please see our Anti-Discrimination topic.

 

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