If you wish to make a complaint regarding unlawful discrimination or a breach of human rights, you can lodge a complaint with the Australian Human Rights Commission or relevant state and territory agencies. Find more information on making a complaint on the Australian Human Rights Commission's website.
You can make a complaint no matter where you live in Australia. If you are not sure if you can make a complaint about something, you can contact the Commission's National Information Service by phone on 1300 656 419 or by email to infoservice@humanrights.au.
The Australian Human Rights Commission has the statutory power to receive, investigate and conciliate complaints of unlawful discrimination under Australia's anti-discrimination legislation. If you believe you have been unlawfully discriminated you can lodge a complaint with the commission.
You can apply to the Federal Court or Federal Circuit and Family Court to have your case heard by the court. You must go through the Australian Human Rights Commission conciliation process first before you can lodge an application. The commission will issue a notice that your complaint has been closed.
You need to inform the person or organisation you want to take action against, why you want to take action. You do this by sending them a letter called a letter before claim. Your letter should explain what happened to you and why you think unlawful discrimination has taken place.
The penalties for discriminatory adverse action can result in a maximum penalty of $66,600 for every corporation violation and $13,320 for every individual violation. The penalty can also include order for injunctions, reinstatement of the employee and/or compensation.
Each state and territory has also enacted anti-discrimination legislation. Individuals can lodge complaints about discrimination, harassment and bullying at the state and territory level depending upon the circumstances of the complaint with the relevant agency in that state or territory.