Grounds of unlawful discrimination covered by the Act
- Age – being regarded as too young or old*
- Breastfeeding – or bottle feeding
- Family responsibility – having a caring role
- Family status – being a relative of a particular person or having the status of being a relative
- Fines Enforcement Registrar’s website – having personal details published on the Registrar’s website
- Gender history – having a reassigned gender as under the Gender Reassignment Act 2000
- Impairment – having a current, past or assumed physical, intellectual or mental disability*
- Marital status – being single, married, de facto, separated, divorced or widowed
- Political conviction – including a lack of conviction
- Pregnancy
- Race – including skin colour, ethnicity or national origin or descent*
- Racial harassment – offensive or insulting comments or behaviour about a person’s race
- Religious conviction – including a lack of conviction
- Sex
- Sexual harassment – including unwelcome requests for sexual favours, touching and comments
- Sexual orientation – including heterosexuality, homosexuality, lesbianism, bisexuality or assumed sexual orientation*
* Includes discrimination on the ground that a relative or associate has this attribute.
Areas of public life where the Act can apply
- Employment
- Accommodation
- Education
- Provision of goods, services and facilities
- Access to places and vehicles
- Disposal of land or estate
- Clubs/incorporated associations
- Application forms
- Advertising
- Superannuation schemes and provident funds
- Insurance
- Sport
* Some areas do not apply to every ground
Other unlawful acts:
Victimisation
Victimisation includes threatening, harassing or punishing a person in any way because they have objected about the discriminatory manner in which they have been treated. It applies to anyone who has made a complaint or intends to make a complaint, and anyone giving evidence about a complaint on behalf of another person.
Advertisements
It is unlawful to publish or display an advertisement that shows an intention to unlawfully discriminate. This includes television, newspaper and radio advertisements as well as circulars, catalogues and price lists.
Spent Convictions Act 1988
The Commissioner for Equal Opportunity can investigate complaints of spent conviction discrimination in the area of employment however certain employers and offences are exempt.
Public Interest Disclosure Act 2003
The Commissioner for Equal Opportunity can also investigate complaints of victimisation from people who have made a disclosure under the Public Interest Disclosure Act 2003.
Making a complaint
A person who believes they have been discriminated against or harassed can lodge a complaint with the Commissioner. A complaint must be based on a ground and relevant area of the Act. The onus of proof lies with the person making the complaint.
The incident or incidents you are including in your complaint must have occurred within the 12 months previous to the date you lodge your Complaint Form.
In some circumstances the Commissioner may decide there is good reason, or good cause, to include incidents that occurred more than 12 months before the Complaint Form is lodged.
A complaint may be lodged online, or submitted on the Commission complaint form.
