Complaints under the Age Discrimination Act
What is the Age Discrimination Act?
The Age Discrimination Act 2004 (the ADA) is a federal law which can be used to address discrimination in many areas of public life.
Who is this law for?
The ADA makes it against the law to treat you less favourably because of your age. The ADA protects young people, older Australians and everyone in between. It applies across Australia.
When can this law be used?
The ADA helps to make sure that a person is treated fairly in areas such as:
- Work - getting a job, terms and conditions of a job, training, promotion, being dismissed (voluntary work and domestic duties in private households are not covered)
- Education - at school or enrolling in a course at TAFE, university, other colleges or other educational institutions
- Where you live - renting or buying a house or flat
- Getting or using services - at shops, restaurants, banks, theatres, sports and social clubs, public transport, dentists, doctors, superannuation, insurance, credit and government services,
- Administration of Commonwealth laws and programs
- Asking for particular information- asking your age during interviews
What is age discrimination?
The ADA covers direct
and indirect discrimination.
Direct age
discrimination happens when a person is treated less favourably because of their
age than a person of another age group in the same or similar circumstances. For
example, it could be direct age discrimination if an older person is not
employed in a particular job because it is assumed that they would not have the
required level of computer
skills.
Discrimination also happens when there
is a rule or policy that is the same for everyone but has an unfair effect on
people of a particular age. This is known as indirect discrimination. For
example, it could be indirect discrimination if an employer requires an older
person to meet a physical fitness test – which more young people are able
to meet – if the fitness standard is not an inherent requirement for the
job in question.
However, the ADA states that
it is not unlawful for a person to discriminate against a person because of
their age where a person can not perform the inherent requirements of a
job.
Exemptions:
Like other anti- discrimination laws, the ADA provides for exemptions. These include:
- Commonwealth laws regarding taxation, social security, migration and superannuation
- State laws
- Certain health programmes
- Youth Wages, or direct compliance with Industrial agreements and awards
Positive Discrimination
The ADA says that it not unlawful to provide a benefit to people of a particular age group if it helps to meet an identified need of that group. Examples of ‘positive discrimination’ include discounts and concessions provided to older Australians for services and/or facilities and special assistance provided to homeless teenagers for accommodation.
What can I do if someone discriminates against me?
You may want to deal with the
discrimination yourself by raising it directly with the people concerned.
If this does not resolve the situation, you or
someone else on your behalf – such as a solicitor or trade union –
can make a complaint to the Human Rights and Equal Opportunity Commission.
It does not cost anything to make a complaint
to the HREOC.
Your complaint needs to be put
in writing. If you are not able to put your complaint in writing, we can help
you with this. HREOC also has a complaint form to help you make a complaint, or
you can lodge a complaint through our website
The complaint should say what happened, when
and where it happened and who was involved.
A
complaint can be made in any language. HREOC can arrange an interpreter in your
language if this is needed.
What will happen with my complaint?
HREOC has to decide if
your complaint is covered by the ADA. If it is, we will investigate the
complaint. If we can not deal with your complaint we will write to you and
explain why.
Investigating your complaint may
include phoning or writing to the other people involved to get their side of the
story. HREOC does not take sides. We work with all the parties to try and find a
solution that everyone can agree with. This is called
conciliation.
If conciliation does not
work, you can choose to take your complaint to the Federal Court or the Federal
Magistrates Service.
Where can I find out more?
If you want more information about the Age Discrimination Act or the complaint handling process you can contact the Commission.
Human Rights
and Equal Opportunity Commission
GPO
Box 5218
Sydney NSW 2001
Complaints Info
line: 1300 656 419 (local call)
TTY: 1800 620 241 (toll free)
Fax: (02) 9284 9611
E-mail: complaintsinfo@humanrights.gov.au
Web site: www.humanrights.gov.au
If you are deaf or hearing impaired, the Commission can arrange for an Auslan interpreter if this is needed. You can also communicate with us by TTY by calling 1800 620 241.
If you are blind or visually impaired the Commission can provide on request information in alternative formats.
Disclaimer: The information on this fact sheet is intended only as a guide. It is not a substitute for legal advice.
