How we can help
We don’t give legal advice about general employment matters or superannuation complaints, but we may be able to refer you to another organisation that can help.
- Speak to us
- Help in your language
- Support if you are deaf or find it hard to hear or speak on the phone
We may be able to help you if you have experienced discrimination, sexual harassment, victimisation, or racial or religious vilification at work.
We do not help people who have had a discrimination complaint made against them.
Contracts and conditions, minimum rates, termination, and workplace safety
Other organisations that can help
Legal services
Job provides legal assistance to Victorian workers. Job Watch can give you free, confidential telephone information and referrals about work rights.
Your local community legal can give you legal information and advice. Most services are free.
Complaints
The Fair Work investigates complaints or suspected breaches of workplace laws, awards and registered agreements and some Fair Work Commission orders. Sometimes, the Fair Work Ombudsman may take legal action to enforce workplace laws.
To make a complaint call the Fair Work Ombudsman .
Workplace rights
Trade unions can help their members with many employment issues, including questions about pay, unfair dismissals and workers’ compensation disputes.
See the Australian Council of Trade Unions .
WorkSafe Victoria
WorkSafe manages the workers compensation scheme and investigates breaches of occupational health and safety laws. There is information on their website about making a claim and returning to work after you are injured at work.
WorkCover is a free service provided by WorkSafe Victoria to help injured workers who have a WorkCover dispute with their employer. The staff will explain the conciliation process and will attend a conciliation conference to assist the employee.
Superannuation
Contact the Australian Tax Office's Superannuation Hotline on 131 020 for enquiries and services on superannuation.
Support for independent contractors
The Australian Government’s Business has information and resources about contractor rights and protections.
Our business and commercial issues topic also has useful information for independent contractors.
Resources about contracts and conditions, minimum rates, termination, and workplace safety
These resources and publications have information to help you understand your employment rights as an employee or contractor in Victoria.
See a list of all our free publications and , including:
Resources from other organisations
Fair Work Ombudsman
The Fair Work Ombudsman can help with information about pay, employee entitlements, leave, ending employment and awards and agreements.
The Fair Work Ombudsman website has a range of resources to help employees and . It also has fact sheets about minimum workplace entitlements in .
JobWatch
JobWatch can give you free and confidential phone information and referrals about your rights at work. You can contact them on (03) 9662 1933 if you are calling from a metropolitan area, or 1800 331 617 if you are calling from a regional area.
JobWatch has a range of information sheets about employment .
The Law Handbook
Fitzroy Legal Service’s Law Handbook has information about:
WorkSafe
WorkSafe has publications and forms to help injured and to avoid workplace .
The WorkSafe website has information about:
- WorkSafe including returning to work for injured workers and information for employers about the claims process
- the compulsory WorkSafe for employers, which covers costs if your workers are injured or become ill at work
- the laws and that set out the responsibilities of employers and workers to maintain safety in the workplace.
Victorian Equal Opportunity and Human Rights Commission
Employee in the workplace and what to do if you think that you have been treated unfairly.
Australian Financial Complaints Authority
The Australian Financial Complaints Authority website has information about superannuation .
Working with Children Check
Our duty lawyers are available at some Victorian Civil and Administrative Appeals Tribunal venues. Duty lawyers can help with a directions hearing, and give you advice on how to present your case. If you would like help from a duty lawyer, please call our Legal Help phone line before your hearing date on 1300 792 387.
Other organisations that can help
Community legal centres
Your local community legal can give you legal information and advice. Most services are free.
Related websites
- Department of Justice and Community Safety, Working with Children .
- Victorian Civil and Administrative Appeals Tribunal, Worker Screening Act .
Speaking to your employer about discrimination and workplace bullying
People who have been treated unfairly are often unsure about whether the behaviour they have experienced is actually against the law. If you think you have been treated unfairly at work or in other areas of public life, our Equality Law Program can help you understand your legal options.
How we can help
Our lawyers may also be able to help you if you have experienced discrimination, sexual harassment, victimisation, or racial or religious vilification in areas such as:
- education
- employment (including partnerships and contractors)
- buying or selling goods or services
- accommodation
- clubs and sporting activities
- working as a volunteer
- treatment by local councils, governments and organisations providing public services
- entry to shops, restaurants and nightclubs.
Other organisations that can help
Legal services
The Disability Discrimination Legal gives free legal advice and assistance to anyone who wants to make a complaint about being discriminated against on the grounds of their disability.
The AED Legal gives free legal advice and assistance to people with a disability in the areas of employment, education and training.
Villamanta Disability Rights Legal is a Victorian community legal centre located in Geelong that helps with disability related legal issues. They mostly help people who have an intellectual disability.
is an employment rights legal centre which provides legal assistance to Victorian workers. They can give you free, confidential telephone information and referrals about work rights.
Fair Work Commission
If you reasonably believe that you have been bullied at work and the bullying is continuing you may apply to the Fair Work for an order to stop the bullying. The commission must start dealing with your application within 14 days. They will investigate the complaint and may make orders they think are necessary to prevent the bullying from happening again.
Find out more about what you can do about bullying and discrimination at work.
Office of the Children’s eSafety Commissioner
If you are under 18 and have experienced cyberbullying, you can make a complaint to the Office of the Children’s eSafety . They will assess your complaint and decide whether to investigate or take some other action.
They also have a list of social media services' safety where you can report abuse or content that you find offensive.
Victorian Equal Opportunity and Human Rights Commission
The Victorian Equal Opportunity and Human Rights Commission enquiry line can provide information to people about discrimination before they choose to make a complaint.
Call the enquiry line on 1300 292 153 or visit the Victorian Equal Opportunity and Human Rights .
Making a complaint about discrimination
Discrimination law is complex. It can be confusing knowing where to go to make a complaint. There are often several options available, such as complaining to the Victorian Equal Opportunity and Human Rights Commission or the Australian Human Rights Commission or the Fair Work Commission (the workplace relations tribunal).
If you complain to one place, sometimes you cannot later change your mind and complain elsewhere. It is best to call us or speak to one of the services listed on this page to get legal advice before lodging a complaint.
However, if you want to speak directly to a human rights commission or industrial tribunal about making a complaint you can contact:
- the Victorian Equal Opportunity and Human Rights (Victorian law)
- the Australian Human Rights Commission Complaints (Commonwealth law)
- Fair Work (Commonwealth workplace law).
Resources about discrimination and workplace bullying
These resources will help you understand more about:
- discrimination and victimisation
- sexual harassment
- bullying
Victorian Equal Opportunity and Human Rights Commission
The Victorian Equal Opportunity and Human Rights Commission website has information about:
- what is, the common types of discrimination and how to make a complaint to the commission
- sex , including examples of conduct that is against the law and how to make a complaint
- pregnancy and breastfeeding , how to respond to it and make a complaint
- gender , lawful sexual , sexual discrimination and how to make a complaint
- age , what you can do if you believe you have been discriminated against or treated unfairly because of your age
- parent or carer status , what you can do and how to make a complaint
- race , what you can do if you have been discriminated against because of your race, or what race they assume you are
- preventing discrimination in the for employers and employees
- sexual including what you can do and how to make a complaint
- victimisation in the , the rights of employees who have made a discrimination complaint and believe they are being victimised by their employers
- workplace and what to do if you or someone at work is being bullied
- how the Victorian Equal Opportunity Act protects people from discrimination at
- expunged homosexual conviction , and what you can do if someone discriminates against you because of a homosexual conviction that has been removed from your criminal record
- racial and religious , what you can do if you have been vilified because of your race or religion.
Fair Work Ombudsman
The Fair Work Ombudsman website has information about:
- protection from discrimination at
- what is considered workplace bullying and , and how the Fair Work Commission can help if you are being bullied or harassed at work.
Fair Work Commission
The Fair Work Commission has information about:
- what workplace is and what the Fair Work Commission can do to help
- sexual harassment at and what you can do to stop this.
Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.
We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au
Reviewed 16 January 2023