State and Commonwealth discrimination laws

Victoria’s discrimination laws

In Victoria, the Equal Opportunity Act 2010 (link below) makes it illegal to discriminate against someone because of certain personal attributes. These are:

• age
• breastfeeding
• gender identity
• impairment
• industrial activity
• lawful sexual activity
• marital status
• status as a parent or carer
• physical features
• pregnancy
• race
• sex
• sexual orientation
• political or religious beliefs or activities
• personal association with anyone who has any of these characteristics.

Acts of discrimination, including sexual harassment, are against the law in the following areas:

• situations that involve volunteers
• accommodation
• access to premises
• clubs and club memberships
• education
• employment (including partmernships and contractors)
• goods and services
• sporting activities
• selling and transferring land
• treatment by local councils, governments and statutory bodies (organisations created by an Act of Parliament, like Victoria Legal Aid and VicRoads).

It is also unlawful to incite hatred because of someone’s race or religion. See ‘Racial and religious vilification’ (link below).

The Victorian Human Rights and Equal Opportunity Commission (VEOHRC) is responsible for administering these laws.

Commonwealth discrimination laws

There are a number of Commonwealth laws that aim to protect people’s rights in public life and when dealing with Commonwealth Government departments and agencies. There are specific Acts about discrimination on the grounds of:

• age
• sex
• race
• disability
• sexual preference, a criminal record, trade union activity, political opinion, religion or social origin (in employment only).

These laws are administered by the Australian Human Rights Commission. See their website (link below) for more information about each of these Acts.

More information

Racial and religious vilification

Related websites

Australian Human Rights Commission – legislation

Related legislation

VEOHRC Equal Opportunity Act 2010  

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 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. 

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.