Frequently Asked Questions: Complaints
- How do I lodge a complaint?
- What types of complaints can I make to the Commission?
- Will it cost me anything to lodge a complaint?
- How long will it take?
- What will happen to my complaint?
- Will a copy of my complaint be given to the respondent?
- Will I be given a copy of the information the respondent gives to the Commission?
- Will the Commission represent me?
- Will I need a lawyer?
- What can I do if my complaint is dismissed by the President or cannot be conciliated?
- What happens if I decide I do not want to continue with my complaint?
- What happens when both Commonwealth and State laws apply?
- I do not live in Sydney - how will you help me?
1. How do I lodge a complaint?
Complaints must be made in writing. You can either send us a letter or email or you can contact the complaint's information line and ask for a complaint form. You can also print the form from our website. If you cannot write the complaint down yourself you can ask a friend or support person to write it down for you or you can contact the complaints information line and an officer will help you write it down or refer you to someone who can help you. You can write the complaint in your preferred language and we will arrange to have it translated.
If you want to lodge a complaint by email you can send us an email to newcomplaints@humanrights.gov.au or alternatively fill in the electronic complaints form.
2. What types of complaints can I make to the Commission?
Complaints about discrimination can be made under any of the four Acts administered by the Commission: Human Rights and Equal Opportunity Commission Act 1986, Sex Discrimination Act 1984, Racial Discrimination Act 1975, Disability Discrimination Act 1992 and Age Discrimination Act 2004. Each of these Acts has specific grounds for complaint including race, sex, pregnancy, marital status, disability, sexual preference, age and trade union activity. The Act says that the discrimination must take place in a particular area of public life including employment, provision of goods and services, education and in the administration of Commonwealth programs.
3. Will it cost me anything to lodge a complaint?
No. The Commission's complaint handling process is free.
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.
5. What will happen to my complaint?
After a letter of grievance is accepted as a complaint the Commission will assess how much investigation is required.
If further inquiry is undertaken the President usually does this by writing to the respondent (the person or organisation you are complainang about) and asks for a response to your allegations. On receipt of that response the President may terminate or attempt to conciliate the complaint.
Conciliation is the process where the Commission organises a meeting with the parties to the complaint and tries to resolve it informally.
If your complaint of race, sex, disability or age discrimination is terminated you may choose to have your case heard and determined by the Federal Court of Australia or the Federal Magistrates Service.
Complaints about breaches of human rights may be reported to the Attorney-General.
6. Will a copy of my complaint be given to the respondent?
For the President to investigate a matter properly the respondent must be advised of the complaint. If the President decides to investigate the complaint a copy of it will be forwarded to the respondent.
7. Will I be given a copy of the information the respondent gives to the Commission?
Generally you will receive copies of all the documents provided to the Commission by other parties if they are relevant to your complaint.
8. Will the Commission represent me?
No. The Commission does not provide legal representation or advocacy to any parties. The Commission handles complaints as an impartial party to the complaint. If you need advice about where to get legal representation or an advocate you can contact the complaints information line and an officer will provide you with contact details for an advocate or community legal service. This is not a guarantee of representation as those organisations are independent and will make their own decision about whether they can help you.
You do not need a lawyer to lodge a complaint with the Commission. Our complaint handling process is designed to make it easy to access the service without a lawyer but you are entitled to get legal advice if you want to at your own expense.
10. What do I do if my complaint is dismissed by the President or cannot be conciliated?
If your complaint about race, sex, disability or age discrimination is terminated you may choose to take your case to the Federal Court of Australia or the Federal Magistrates Service. You have 28 days to make your application. You should contact your nearest Federal Court Registray to obtain further information. You should also seek some legal advice.
11. What happens if I decide I do not want to continue with my complaint?
People sometimes change their mind about continuing with their complaint or they may negotiate an outcome with the respondent before their complaint is allocated to an officer. You can withdraw your complaint at any time during the process without penalty. You should write and advise the Commission that you do not want to continue with the complaint or contact the officer handling your complaint and tell them you do not wish to continue. You do not have to tell us why have decided not to pursue your complaint.
12. What happens when both Commonwealth and State Laws apply?
If your complaint is covered by both laws you can choose which law you want to lodge your complaint under. This is known as "election of jurisdiction". You cannot lodge under both laws. You should contact the Commission's Complaints Infoline or state anti-discrimination agency to find out this process and any differences.
13. I do not live in Sydney - how will you help me?
The Commission's office is in Sydney and we handle most complaints from that office. Most of the complaint process is undertaken by letter or telephone. The Commission has toll free telephone and TTY lines to minimise the cost to you. If a face to face conciliation conference or interview is required then the Commission staff will travel interstate and to rural and remote areas to provide those services or we may conduct a conciliation conference by telephone.
No matter where you are you can always lodge your complaint directly through the Sydney office. We will arrange the most appropriate way to handle your complaint.
Last updated 31 June 2005
