Information about dealing with unlawful discrimination.
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:
religion
criminal record
trade union activity
sexual preference
political opinion
social origin.
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:
Disability Discrimination Act 1992 (Cth)
Racial Discrimination Act 1975 (Cth)
Sex Discrimination Act 1984 (Cth)
Age Discrimination Act 2004 (Cth).
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 2004 (Cth)
Protects individuals from discrimination on the basis of age in employment, education, accommodation and the provision of goods and services.
Disability Discrimination Act 1992 (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.
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.
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
If the applicant is successful on one or more grounds, the court must order each respondent to pay the applicants legal costs. However, the court doesn’t have to make a costs order if applicants legal costs were incurred because of their own unreasonable conduct.
The applicant may be ordered to pay the respondents legal costs if:
their application was vexatious or had no reasonable cause
the applicant’s unreasonable conduct caused the respondent to incur legal costs
the respondent was successful, doesn’t have a significant power or financial advantage over applicant.
The court can put a cap on costs if there is a public interest in the case being heard.
Frequently Asked Questions
Discrimination FAQs
Frequently Asked Questions about unlawful discrimination.
Our services
Employment Law Service
A specialist service within Legal Aid NSW that provides free legal advice, assistance and representation for workers with employment law problems including discrimination.
Respect at Work Legal Service
A specialist state-wide service of Legal Aid NSW providing trauma-informed legal services to people who have experienced sexual harassment and/or discrimination in the workplace.
More services
Anti-Discrimination NSW
If you’ve been discriminated against, sexually harassed, vilified or victimised in NSW, Anti-discrimination NSW can help. Call on 1800 670 812.
Aust Human Rights Commission
The Australian Human Rights Commission (AHRC) is an independent third party which investigates complaints about discrimination and human rights breaches.
Community Legal Centres NSW
Community legal centres give free and confidential legal help to people in need.
Solicitor Referral Service
If you need legal help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.