For Example: An employer refused to hire a suitably qualified person as a shop assistant because they were Aboriginal, and instead hired a less qualified person of a different racial background. This could be racial discrimination.
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.
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.
You can complete and submit a complaint online or you can print a hard copy and send it to us. If you would like the Commission to send you a hard copy complaint form or if you need assistance to write down your complaint, please call our National Information Service on 1300 656 419.
The Disability Discrimination Act 1992 (DDA) makes it unlawful to discriminate against a person, in many areas of public life, including employment, education, getting or using services, renting or buying a house or unit, and accessing public places, because of their disability.
For example, in a disability or race discrimination case, some courts have said that the 4 elements are that (1) the plaintiff belongs to a protected group, (2) he is qualified for the job (3) the plaintiff was discriminated against, and (4) the plaintiff was replaced bv a nonminority.