Make a complaint about discrimination
Part of the Rights topic
You can make a complaint about discrimination, sexual harassment, vilification or victimisation under the Anti-discrimination Act 1991 (the Act).
On this page
In short
You can use this service to:
- make a complaint about discrimination, sexual harassment, vilification or victimisation
- resolve your complaint through a conciliation process
- seek a formal hearing if the matter is not resolved through conciliation.
See how to make a complaint about discrimination for the full process.
What you should know
All Queenslanders have anti-discrimination rights.
Discrimination complaints must be made within 12 months of the incident.
The process for resolving complaints, focuses on conciliation, where an independent conciliator helps both parties reach an agreement.
If conciliation is not successful, the matter may be referred for a formal hearing.
The Queensland Industrial Relations Commission (QIRC) hears work-related matters, and the Queensland Civil and Administrative Tribunal (QCAT) hears other matters.
Who can use this service
| You can make a complaint about discrimination if: |
|---|
| Correct.you aryouyou are you believe you have experienced discrimination, sexual harassment, vilification or victimisation under the Anti-Discrimination Act 1991 |
| Correct.ythe incident occurred in Queensland and falls under the areas of activity covered by the Act (e.g. work, education, goods and services) |
| Correct.ythe incident occurred in Queensland in the last 12 months. |
| Don't use this service if the incident occurred: |
|---|
| Incorrect.outside of Queensland Instead, contact the Australian Human Rights Commission for assistance. |
| Incorrect.more than 12 months ago Instead, seek legal advice and explore your options. |
How to make a complaint about discrimination
Follow these steps to make a complaint about discrimination.
Talk to the other person about how their behaviour has impacted you. If the behaviour happened at work, speak to your manager, union representative or someone you trust.
Find out if your employer deals with complaints, and if they do, find out how you can lodge one.
Contact the commissions below to find out if your matter is appropriate for them to deal with, get legal advice and determine your best options.
The:
- Queensland Human Rights Commission—handles complaints about discrimination, sexual harassment, vilification, victimisation and other contraventions of the Act
- Australian Human Rights Commission—handles complaints about discrimination, harassment and bullying based on a person’s sex, disability, race or age.
The relevant commission will arrange conciliation between you and the other party.
An independent conciliator will help both parties reach an agreement.
If the matter is not resolved through conciliation, it can be referred for a formal hearing to the:
- Queensland Industrial Relations Commission (QIRC)—for work-related complaints
- Queensland Civil and Administrative Tribunal (QCAT)—for all other complaints.
If QIRC or QCAT can make a legally binding decision on the matter and they find you have suffered discrimination, sexual harassment, vilification or victimisation you may receive financial compensation.
How long it takes
Complaints and conciliations processes vary depending on the complexity of cases and the caseload of commissions and tribunals.
How much it costs
Lodging a complaint with the Queensland Human Rights Commission is free.
If the matter is referred to QIRC or QCAT, fees may apply.