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This topic covers
- State and Federal laws that make discrimination unlawful
- Making a complaint to Anti-Discrimination NSW or the Australian Human Rights Commission
- Going to the NSW Civil and Administrative Tribunal
- Complaining to the Human Rights Commission
- Going to the Federal Circuit and Family Court or the Federal Court of Australia
| Time limit | Action |
|---|---|
| 12 months | From the date of the discrimination to make a complaint to Anti-Discrimination NSW. |
| 12 Months | From when the discrimination occurred to make a complaint to the Australian Human Rights Commission (AHRC) about employment discrimination based on:
|
| 24 months | From when the discrimination occurred to make a complaint to the AHRC about all other issues. |
| 60 days | To apply to the Federal Court or Federal Circuit and Family Court of Australia after the AHRC issues a termination notice. |
Organisations
| Organisation | Responsibilities |
|---|---|
| Anti-Discrimination NSW | Investigate discrimination complaints made under the Anti-Discrimination Act 1977 (NSW). |
| Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal | Hears discrimination cases referred from Anti-Discrimination NSW. |
| Australian Human Rights Commission | Deals with unlawful discrimination complaints made under Federal discrimination laws, including:
|
Legislation
| Authority | Covers |
|---|---|
| Anti-Discrimination Act 1977 (NSW) | Discrimination in the workplace, education, in connection with providing goods and services, accommodation and at registered clubs. |
| Age Discrimination Act 2004Â (Cth) | Protects individuals from discrimination on the basis of age in employment, education, accommodation and the provision of goods and services. |
| Disability Discrimination Act 1992Â (Cth) | Protects individuals from discrimination based on disability. |
| Racial Discrimination Act 1975 (Cth) | Protects individuals from discrimination on the basis of their race, colour, descent, national origin or ethnic origin, or immigrant status. |
Sex Discrimination Act 1984 (Cth) | Protects individuals from discrimination on the basis of their sex, gender identity, intersex status, sexual orientation, marital or relationship status, family responsibilities, because they are pregnant or might become pregnant or because they are breastfeeding. |
Com​mo​​n term | Defin​ition |
|---|---|
Anti-Discrimination NSW | Anti-Discrimination NSW investigates complaints of discrimination in NSW. They provide information on discrimination and help parties to resolve their discrimination complaints where possible. |
Conciliation Officer | A person working for Anti-Discrimination NSW who can investigate and help resolve complaints. |
​Conciliation conference | A meeting between the parties, organised by Anti-Discrimination NSW, to talk about the complaint and try to agree on a solution.​ |
​Unlawful discrimination | When someone is treated differently because of a protected characteristic, for example, their sex, race, age, sexual preference, transgender status, disability or illness, marital status or pregnancy and family or carers responsibilities.​ |
Vilification | When someone says or does something in public that could make other people ridicule or hate a particular group of people due to their race, religion, homosexuality, transgender status or HIV/AIDS status. |
| Organisation | Fee |
|---|---|
| Anti-Discrimination NSW | There is no fee to make a complaint to Anti-Discrimination NSW. |
| Australian Human Rights Commission | There is no fee to make a complaint to Australian Human Rights Commission. |
| Federal Circuit and Family Court of Australia | You have to pay a fee to apply to the Federal Circuit and Family Court of Australia. |
| Federal Court of Australia | You have to pay a fee to apply to the Federal Court of Australia. In some circumstances, you may be exempt from paying court fees. For more information, see Exemption From Paying Court Fees on the Federal Court of Australia website. |
| Organisation | Forms |
|---|---|
| Anti-Discrimination NSW | How to make a complaint |
| Australian Human Rights Commission | Make a complaint |
| Organisation | Type | Costs |
|---|---|---|
| NSW Civil and Administrative Tribunal (NCAT) | Legal costs | NCAT only makes cost orders in limited circumstances. In most cases, each party will be responsible for their own legal costs. |
Federal Court Federal Circuit and Family Court of Australia | Legal costs | You will usually have to pay your own legal costs if you get a lawyer to represent you at court. In discrimination matters, the Court will generally order that the losing party pay the successful party's costs. The Court can put a cap on costs if there is a public interest in the case being heard. |
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Last updated: February 2024