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Discrimination

Discrimination means being treated unfairly or less favourably than other people because of a personal characteristic, such as your race, age, sex or because you have a disability. It includes sexual harassment. The motive of the person for discriminating is irrelevant.

Laws against discrimination

State and Commonwealth laws regulate this area. The Victorian Human Rights and Equal Opportunity Commission (VEOHRC) is responsible for administering state laws. The Australian Human Rights Commission (AHRC) (formerly the Human Rights and Equal Opportunity Commission - HREOC) administers Commonwealth laws. See ‘State & Commonwealth discrimination laws’ (link below).

If you think you have been discriminated against in an area that is covered by these laws you can lodge a complaint with the relevant commission. See ‘Complaints about discrimination’ (link below).

Direct and indirect discrimination

Commonwealth and state laws recognise two types of unlawful discrimination: direct discrimination and indirect discrimination. Both laws define the two in fairly similar ways.

Direct discrimination

Direct discrimination is when someone treats you less favourably, or proposes to treat you less favourably, than they would treat someone in similar circumstances who does not have a personal attribute that you have, such as your race, sex or disability.

An example of direct discrimination is where a person with schizophrenia is refused accommodation in a caravan park because the manager believes that a caravan park is not a suitable place for a person with a mental illness to live.

It is not enough just to show that the person you are complaining about has treated you badly. You have to also show that the reason or one of the reasons that they treated you badly is because of your personal attribute and that they treat, or would treat, others without your personal attribute better.

Indirect discrimination

Indirect discrimination is when a situation or requirement that is the same for everyone disadvantages people with certain attributes more than it disadvantages people without those attributes, and it is not reasonable.

For indirect discrimination to be unlawful, the expectation or criteria that is placed on you has to be something that is unreasonable in the circumstances. For example, it may be indirectly discriminatory if a job requires people to be a minimum height but being over that height is not essential to perform the job’s duties.

With indirect discrimination, you need to be able to show that being treated the same as everyone else puts you at a disadvantage because of your personal attribute.

Exceptions and exemptions

There are some exceptions and exemptions to equal opportunity law. For example:

  • where special services or benefits are being supplied to people with protected characteristics, such as people with a disability
  • where other laws authorise discrimination, such as not employing people as drivers if they are not old enough to hold a licence.

See the VEOHRC and AHRC websites (links below) for more information about when an exemption or exception may be made.

More information

Complaints about discrimination

State & Commonwealth discrimination laws

Related publications

Using disability discrimination law

Related websites

AHRC – exemptions (new window)

VEOHRC – exceptions and exemptions to anti-discrimination law (new window)

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service 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.

VLA’s other free legal services include:

  • advice at VLA 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 (new window) administers Victoria’s discrimination laws.

The Complaints Advice Line can give you information and advice about making a discrimination complaint. Contact them on (03) 9281 7100 (TTY: (03) 9281 7110) or 1800 134 142 (toll free), or email complaints@veohrc.vic.gov.au The advice line operates 9 am to 5 pm weekdays, except Wednesday, when its hours are 9 am to 1 pm.

Australian Human Rights Commission

The Australian Human Rights Commission (new window) 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 (new window) 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 (new window) provides legal assistance to Victorian workers. JobWatch can give you free, confidential telephone information and referrals about work rights. Call them on (03) 9662 1933 or 1800 331 617 (country callers).