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Complaints about discrimination – frequently asked questions

Are there time limits for making discrimination complaints?
Can someone make a discrimination complaint on my behalf?
When might a complaint be declined?
What can I do if my complaint is declined?
How long will it take?

Are there time limits for making discrimination complaints?

Generally, complaints about discrimination must be made within 12 months of the discrimination happening. Extensions of time are sometimes possible – discuss your situation with the commission you are lodging your complaint with.

Can someone make a discrimination complaint on my behalf?

It is possible for a complaint to be made on your behalf by:

  • a person who has experienced the same less favourable treatment that your complaint relates to
  • an organisation that has ‘sufficient interest’ in a complaint. This means that the alleged discrimination affects, or potentially affects, the interests of the organisation or the interests and welfare of the people represented by the organisation.
    For example, a disability support group may lodge a complaint on behalf of several of its members about a lack of accessible toilets at a public venue.

Contact the commission you are lodging the complaint with to discuss whether this is suitable for your situation.

When might a complaint be declined?

If the investigator declines your complaint after looking into the situation you will receive a letter explaining why. Reasons why a complaint is not upheld may include:

  • a lack of evidence to support the complaint
  • it would be better dealt with by a tribunal or court
  • it is 'frivolous, vexatious, misconceived of lacking in substance'
  • it is about something that happened more than 12 months ago
  • an 'exception' to the law applies.

What can I do if my complaint is declined?

If you disagree with the reasons given by the commission for declining your complaint 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 your complaint has been declined.
  • apply to the Federal Court or Federal Magistrates Service to have your case heard by the court, if your complaint was lodged with The Australian Human Rights Commission (AHRC). You must make your application within 28 days of the Notice of Termination advising you of the decision.

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.

How long will it take?

Australian Human Rights Commission

This was formerly the Human Rights and Equal Opportunity Commission (HREOC).

From the time you lodge the complaint it can take a few weeks to allocate a complaint to the officer who will be handling it. The average time it takes to finalise a complaint from receipt is eight months. More complex complaints often take longer to finalise.

Victorian Equal Opportunity and Human Rights Commission

You will be contacted within 60 days of the complaint being lodged.

It is possible for complaints to be handled more quickly if necessary, for example if a complaint involves an emergency health matter or ongoing sexual harassment.