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Complaints about discrimination
If you can’t resolve a matter by speaking with the person or organisation you believe is discriminating against you, you can make a complaint to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) or to the Australian Human Rights Commission (AHRC).
You do not need a lawyer to make a complaint to either commission. There is no cost to make a complaint.
Which commission should I complain to?
Which commission you lodge your complaint with depends on whether your situation is covered by state or Commonwealth laws. You can only make a complaint to one of the commissions, even if your matter is covered by both state and Commonwealth laws.
Before lodging a complaint, call the commission to make sure your matter is covered by the laws they are responsible for. Call VEOHRC if you’re not sure which commission to contact. You may also want to get legal advice about your situation.
When you have decided which commission to lodge your complaint with, you need to make it in writing. Both commissions have forms you can fill in to make sure you include all the necessary details for the complaint to be investigated and can provide assistance with preparing the complaint. Once your complaint is received, the commission will check it to make sure that it has the power to investigate it.
See the VEOHRC and AHRC websites (links below) for information about how to lodge a complaint.
Investigating the complaint
The commission will investigate your complaint and speak with the other people involved. An investigator may call you to ask for extra information. They may also visit where the alleged discrimination took place and/or interview witnesses and get copies of relevant documents.
If the investigator declines your complaint after looking into the situation you will receive a letter explaining why. If you disagree with the decision you can appeal it. See ‘Complaints about discrimination – frequently asked questions’ (link below).
Conciliation
If your complaint is found to have substance, the commission will arrange for all the people involved to discuss the issues and come to an agreement about resolving the complaint. This is called ‘conciliation’. Outcomes of conciliation might include:
- an apology
- financial compensation
- a job reference or reinstatement
- access to a previously denied job opportunity or service
- an agreement to change or stop the behaviour.
The commission’s role in conciliation is to help the parties involved to reach an agreement. The commission does not have the power to make orders or award compensation.
If conciliation does not work
If conciliation does not resolve the problem, you can:
- apply to the Anti-Discrimination List at the Victorian Civil and Administrative Tribunal (VCAT) (link below), if your complaint was lodged with VEOHRC. You must make your application to VCAT within 60 days of being notified that the conciliation has been unsuccessful.
- apply to the Federal Court or Federal Magistrates Service to have your case heard by the court, if your complaint was lodged with AHRC. You must make your application within 28 days of the Notice of Termination of the conciliation being issued.
Unlike the commissions, VCAT and the Federal Court have the power to make decisions about your matter. If your complaint is upheld VCAT or the court may order the respondent (the party your complaint is about) to:
- stop the discrimination
- provide a service to you
- pay you compensation for what has happened.
If VCAT or the court dismisses your application you may be ordered to pay the other party’s costs. Get legal advice before you make an application.
More information
Complaints about discrimination – frequently asked questions
Related websites
How we can help
Call Legal Help for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
Our other free legal services include:
- advice at our offices and other locations across Victoria
- clinics for anti-discrimination matters.
For some matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.
Who else can help?
Victorian Equal Opportunity and Human Rights Commission
The Victorian Equal Opportunity and Human Rights Commission administers Victoria’s discrimination laws.
The Complaints Advice Line can give you information and advice about making a discrimination complaint. Contact them on 1300 292 153, weekdays 9 am to 5 pm or by emailing enquiries@veohrc.vic.gov.au. Alternatively you can fill in the Online complaint form.
Australian Human Rights Commission
The Australian Human Rights Commission administers Commonwealth discrimination laws.
The Complaints Infoline can give you advice about making a discrimination complaint under Commonwealth law. Contact the infoline on 1300 656 419 (TTY: 1800 620 241) or email complaintsinfo@humanrights.gov.au
Disability Discrimination Legal Service
The Disability Discrimination Legal Service provides free legal advice and assistance to anyone who wants to lodge a complaint about being discriminated against on the grounds of their disability. Contact them on (03) 9654 8644, TTY: (03) 9654 6817 or 1300 882 872 (country callers).
JobWatch
JobWatch provides legal assistance to Victorian workers. JobWatch can give you free, confidential telephone information and referrals about work rights. Contact them on (03) 9662 1933 or 1800 331 617 (country callers).
Fair Work Ombudsman
The Fair Work Ombudsman investigates complaints about discrimination and harassment at work. Contact them on 131 394. If your enquiry is not urgent you can fill in their Email us form.