Discrimination

What is Discrimination?

Discrimination can happen in two ways:

• Direct - where someone treats you less favourably than they would treat anyone else under the same or similar circumstances, or



• Indirect - where a law, policy or practice seems to apply to everyone equally, but which actually affects a large number of people of a particular race, sex or other group because they cannot comply with it.

Laws that Protect us from Discrimination

There are several laws, which protect us from discrimination

• Federal Acts (Australia wide), include:
  
  • Racial Discrimination Act 1975
  • Sex Discrimination Act 1984
  • Human Rights and Equal Opportunity Commission Act 1986
  • Disability Discrimination Act 1992
  • Racial Hatred Act 1995
  • Age Discrimination Act 2004
• State Acts (WA only):
  
  • Equal Opportunity Act 1984
  • Disability Services Act 1993

What is Unlawful Discrimination?

Discrimination is unlawful if you are not treated equally to another person because of:

• sex
• marital status
• pregnancy
• race
• political and religious convictions
• impairment
• sexual harassment
• racial harassment
• age
• family responsibility
• family status
• gender history
• sexual orientation.

Visit the Equality Rules web site for more information about discrimination on the basis of sexual orientation.

Discrimination, including sexual harrassment, is not against the law everywhere, only if it happens in the areas of:

• work
• education
• access to places and vehicles
• provision of goods, services and facilities
• accommodation
• land
• membership of clubs.

For more information, see:

If you have been sacked because you are Gay or Lesbian
Unfair and Unlawful Termination of Employment

The law also covers:

• people who are victimised because they complain about discrimination
• where advertising discriminates against groups of people.

West Australian law also covers people who are discriminated against in some areas of work or employment for having a spent conviction.

In some cases the Acts allow forms of discrimination. You should always seek legal advice if you feel that you have been discriminated against.

What can you do about discrimination?

If you believe you have been discriminated against, it is important to try and get proof. For example, if there are witnesses you will need their names and addresses.

Sometimes people do not realise they are discriminating against you. You have the right to complain about it by speaking to them. It may be enough to sort the problem out if it is unintentional.

If the discrimination happens at work you may want to tell your manager or trade union representative about it and they can lodge a complaint for you.

Complaints about discrimination

Complaints about discrimination under:

• State Acts can be made to the WA Equal Opportunity Commission.
• Federal Acts can be made to the Human Rights and Equal Opportunity Commission.

There are a number of types of complaints that can go to either the State or Commonwealth Commission.

If your complaint is found to have substance, both Commissions at first try to resolve problems through conciliation. Conciliation involves someone from the Commission working with the parties to talk through the issues and look for a solution.

You should seek legal advice about your claim and which Commission you should lodge it with.

If conciliation does not solve the problem, you can apply to:

• the State Administrative Tribunal if your complaint was to the WA Equal Opportunity Commission
• the Federal Court or the Federal Magistrates Court, depending on the complexity of your case, if your complaint was to the Human Rights and Equal Opportunity Commission.

You should get legal advice before applying.

West Australian Equal Opportunity Commission

A formal complaint must be in writing.

You can obtain a complaint form from the Commission or download one from their website.

You can call the Commission to ask about your situation:

• Ph (08) 9216 3900 or:
• Country calls 1800 198 149.

Visit the Equal Opportunity Commission WA web site. A complaint form can be downloaded on this website.

Human Rights and Equal Opportunity Commission

You can lodge your complaint in the following ways:

• in a letter
• download a complaint form from the Commission website and fill it in
• complete an online complaint form
• send your complaint in email form.

If you cannot write the complaint down yourself you can:

• ask a friend or support person to write it down for you or
• contact the complaints information line and an officer will help you write it down or refer you to someone who can help you.

Your complaint can be in any language.

You can contact the Commission on 1300 656 419 (TTY 1800 620 241) or email complaintsinfo@humanrights.gov.au

For more information, visit the Human Rights and Equal Opportunity Commission web site.

Are there Time Limits?

Your complaint must be lodged within 12 months of the last act of discrimination.

In some cases you may be allowed to lodge a complaint outside the 12 month period. Get legal advice if you are outside the time limit.

Legal content last updated: April 2008