What to Do If You Think You Are Being Discriminated Against
Make a complaint to the Human Rights and Equal Opportunity
Commission (HREOC). Your first step should be to call the Complaint
Infoline to determine if you have a case and how to proceed. This
service has TTY and interpreters available.
Complaints must be made in writing (including email) by the person who
is being discriminated against or by someone like a friend or parent on
behalf of the person. If you have any difficulty, contact the
Complaints Infoline and they will help you put your complaint into
writing.
What Will Happen
HREOC will write to the other party and a process of conciliation
will generally be undertaken, where a trained conciliator works with
both parties to negotiate an outcome that is acceptable to both. This
may include an apology, changes to work practices or conditions,
employment, financial compensation or undertakings for future action.
If this process cannot resolve the issue, the complaint will be
finalised and you can then decide whether to take your complaint to the
Federal Court and have it determine whether you were discriminated
against.
Disclaimer: This resource is a guide only and not
intended as legal advice. While the author has made every attempt to
ensure the information is accurate, current and reliable, you should
seek legal advice if required.
Human Rights and Equal Opportunity Commission (HREOC)
HREOC is an independent statutory organisation established under
Commonwealth legislation. It administers a number of federal
anti-discrimination Acts and provides information on the Disability
Discrimination Act 1992 (DDA) covering:
- recruitment processes
- hiring decisions
- terms and conditions of employment
- promotion, transfer, training or other benefits
- termination, demotion or retrenchment.
HREOC also provides information and practical case studies on:
- employers’ obligations
- definitions and examples of direct and indirect discrimination and harassment
- questions employers and recruitment agencies may ask about a
person’s disability, and examples of reasonable adjustment and
unjustifiable hardship
- OH&S requirements under the DDA recruitment processes voluntary work.
If you think you have been discriminated against and want to lodge a
complaint, HREOC provides a flexible and informal complaint handling
process and generally tries to resolve complaints through conciliation.
Many complaints lodged with HREOC are resolved in this way. If a
complaint can not be resolved through conciliation HREOC will finalise
the complaint and you will then have the option of talking the matter
to the Federal Court of Australia or the Federal Magistrates Service
and having the court determine whether discrimination has occurred.
State-based anti-discrimination boards
State boards promote anti-discrimination and equal opportunity
principles and policies. They handle complaints and provide an enquiry
service for people who want to know about their rights or
responsibilities. The boards also educate people about their rights and
responsibilities under antidiscrimination laws through consultations,
education programs, seminars, talks and community functions.