The Human Rights Commission’s Complaint Process
for complaints about sex, race, disability and age discrimination
PDF
WORDThe Human Rights and Equal Opportunity Commission is an independent third party which investigates complaints. It does not act as an advocate or legal representative for either party. The complaint process is simple and free and is outlined below:
Make an enquiry
- Telephone HREOC’s Complaint Information Line on 1300 656 419 or (02) 9284 9888 to discuss issues you think might be discrimination.
- We can send you a complaint form to start the process.
- If we can’t help, we can refer you to someone who may be able to assist you.
Lodging a complaint
- Making a complaint is free and you do not need a lawyer.
- Your complaint must be in writing, this includes email or fax, and can be in your preferred language.
- Our officers can help you to write down your complaint.
- You can lodge a complaint on our website (www.humanrights.gov.au).
Investigation
- A HREOC officer will contact you to discuss your complaint.
- The officer will contact the person/organisation you are complaining about, provide them with a copy of your complaint and ask for their comments and other relevant information.
- We will review all of the information provided.
- HREOC may decide to conciliate the complaint or
- If we decide we cannot deal with the complaint we will talk to you about this and explain why.
Conciliation
- Conciliation means we try to help you and the person/organisation you are complaining about resolve the matter.
- This might be through a telephone meeting, telephone contact, or a face-to-face meeting.
- The outcome of conciliation may include: an apology, policy changes, compensation and/or staff training.
What next?
- If the complaint is not resolved or is finalised for another reason you have the option to then take the matter to court.
- HREOC is not a court and cannot decide that discrimination has happened.
- We cannot take the matter to court for you or help you run the court case.
Going to court
You have 28 days from when the complaint is finalised by HREOC to apply to have the matter heard by the Federal Magistrates Court or the Federal Court of Australia.
You may need to talk with a lawyer or a legal service about going to court.
Further information is available by calling our Complaints Information Line on 1300 656 419 or (02) 9284 9888 or by looking at our website at www.humanrights.gov.au or email to complaintsinfo@humanrights.gov.au
SEX DISCRIMINATION includes: sexual harassment, pregnancy, marital status, family responsibility, sex.
RACE DISCRIMINATION includes: colour, national origin, ethnic origin, descent, race, racial hatred, immigrant status, associates.
DISABILITY DISCRIMINATION includes: physical, psychiatric, neurological, learning, sensory, medical conditions, assistance animals, associates.
AGE DISCRIMINATION includes: mature aged, youth.
AREAS INCLUDE: education, employment, provision of goods, and services, accommodation, clubs and associations, access to premises, sport, Commonwealth laws & programs etc.
The Human Rights Commission’s Complaint Process
