Anti-Discrimination NSW is a government agency in New South Wales. If you face discrimination, they can investigate your complaint and help you resolve it through meetings. They also provide free information and resources about discrimination and its effects.
Warning: If you’re thinking about lodging a discrimination complaint, you can usually choose between the Australian Human Rights Commission (AHRC) and Anti-Discrimination NSW. However, you can’t make the same complaint to both at the same time. You’ll need to pick the one that best suits your situation. Each body handles specific types of complaints and offers different processes and remedies. Always consider seeking legal advice to understand the best option for your case.
What types of complaints can you make?
Complaints that can be made to Anti-Discrimination NSW include:
- Disability Discrimination: Unfair treatment because of your disability.
- Prohibited Areas: In the workplace, when accessing goods and services, or in education.
- Examples: Being refused a taxi ride because of a guide dog; school rules that disadvantage students with chronic conditions.
- Race Discrimination: Unfair treatment because of your race or ethnic background.
- Prohibited Areas: In the workplace, when seeking accommodation, when accessing goods and services, in education, when accessing clubs or associations, or in public places.
- Examples: Only laying off employees of a specific race; workplace rules that disadvantage certain ethnic groups.
- Sex Discrimination: Unfair treatment because of your gender, sexual orientation, or pregnancy.
- Prohibited Areas: In the workplace, in an organisation's policies, in education, or when accessing clubs or associations.
- Examples: Not getting a project because of gender assumptions; uniforms that don't fit pregnant employees.
- Sexual Harassment: Unwanted sexual advances, inappropriate comments, and the displaying of explicit materials.
- Sexual Orientation or Gender Identity Discrimination: Unfair treatment because of how you identify through your sexual orientation or gender.
- Prohibited Areas: In the workplace, in education, when seeking accommodation, when accessing goods and services, when accessing clubs or associations, or in public places.
- Age Discrimination: Unfair treatment because of your age.
- Prohibited Areas: In the workplace, in instances of compulsory retirement, when seeking accommodation, or when accessing goods and services.
- Carer's Discrimination: Unfair treatment because you are a carer for a child or family member.
- Prohibited Areas: In the workplace.
- Pregnancy or Breastfeeding Discrimination: Unfair treatment because you are pregnant or breastfeeding.
- Prohibited Areas: In the workplace, in education, or when accessing goods and services.
- Marital Status Discrimination: Unfair treatment because of your marital status.
- Prohibited Areas: In the workplace, in education, when seeking accommodation, when accessing goods and services, or when accessing clubs or associations.
- Infectious Disease Discrimination: Unfair treatment because of having, having had, or being thought to have an infectious disease.
- Prohibited Areas: In the workplace, in education, when accessing goods and services, or in public places.
Jurisdiction:
The conduct must have occurred in NSW.
Time Limits:
Complaints may be refused if they occurred more than 12 months before the complaint was made.
Anti-Discrimination NSW will not deal with complaints about:
Only the discrimination types listed above can be handled by Anti-Discrimination NSW.
Discretion:
Anti-Discrimination NSW can stop investigating if the complaint is trivial, better handled elsewhere, lacks substance, if other available remedies haven’t been pursued, if addressing it is not in the public interest, or if the issue has already been resolved elsewhere.
Who can you make a complaint against?
- Individuals:
- You can complain about an individual, but include the organisation they work for. The individual must have acted in specific areas listed below.
- Entities:
- Workplaces: Includes current, prospective, and related services (employment agencies, training providers).
- Education Providers: Schools, TAFE, universities, colleges, and training institutions.
- Registered Clubs/Associations: Sports, social, recreational clubs, and professional associations.
- Accommodation Providers: Real estate agencies, landlords, hotels, hostels, and care facilities.
- Goods and Service Providers: Private businesses (restaurants, supermarkets, banks, transport) and government bodies (Centrelink, Service NSW, hospitals, local councils).
AHRC will not deal with complaints about:
The following are excluded under the Anti-Discrimination Act:
- Actions under statutory authority (laws, regulations, court orders).
- Charities benefiting specific classes of people.
- Religious bodies (appointing clergy or practices conforming to religious doctrines).
- Voluntary bodies (non-profits not established by an Act).
- Housing services for aged persons.
- Adoption services.
Additional Information:
There are specific exceptions and considerations for areas like insurance, special needs programs, and sports to ensure fairness and safety. For detailed information, please refer to the factsheet.
Are you eligible to make a complaint?
To make a complaint, you must:
- Attempt Resolution First: Anti-Discrimination NSW recommends trying to resolve the issue directly with the person or organisation involved. Enquiry officers are available to provide guidance on whether the conduct is covered by the NSW Anti-Discrimination Act and to discuss resolution options.
- Who Can Complain: Both individuals and groups (e.g., unions, community groups) can make complaints. If a group is complaining on your behalf, your consent must be clearly indicated.
- Time Limits: Complaints must be made within 12 months.
- Vilification Complaints: You must belong to the vilified group to make a complaint regarding vilification.
What can this body do to help?
A representative from Anti-Discrimination NSW may set up a meeting for all parties involved to discuss the issue and possible solutions.
Possible Outcomes:
- Apology: The other party may offer a verbal or written apology.
- Financial Compensation: You can request compensation for losses, such as fees for a rejected rental application.
- Education and Training: The other party might agree to attend training or change policies to prevent future problems.
- Provision of Refused Services: The other party may offer what was previously denied, such as a job or service.
- Other Solutions: You can ask for any reasonable solution, including donations to charity.
Important Notes:
- Anti-Discrimination NSW is not a court and cannot enforce agreements.
- The process is voluntary and impartial.
- Legal advice is recommended if you seek penalties or an injunction.
- You need permission from Anti-Discrimination NSW to bring a lawyer to the meeting.
How to prepare your complaint
The complaint must be made in writing and signed. A complaint form is available here.
You can submit your complaint to Anti-Discrimination NSW in your own language, and they will translate it for free. This ensures that language barriers do not prevent anyone from reporting discrimination.
If you are unable to write a complaint, contact Anti-Discrimination NSW directly for alternative methods to submit your complaint.
Personal Details:
Include the following in your complaint (if writing a letter instead of using the form):
- Full name
- Telephone number
- Email address
- Residential address
Respondent’s Details:
Explain who the respondent is (the individual or entity who discriminated against you). Provide their:
- Name
- Telephone number
- Email address
- Postal address
Relevant Facts:
Describe what happened, where, and when. Include any evidence you have, such as:
- Witness statements or witness names
- Notes made at the time
- Photographs
- Written communication
- Evidence of different treatment in similar situations
State the discrimination ground (e.g., disability, sex, race, age) and the protected area of public life (e.g., workplace, educational institution).
Impact and Desired Outcome:
Explain how you have been affected and what outcome you seek (e.g., apology, financial compensation). Mention if you need any adjustments, like an interpreter, to participate in the process.
Additional Information for Workplace Complaints:
Include:
- Your position or job
- The correct name and address of your employer (from your pay slip or the Australian Taxation Office)
- The name and position of your supervisor or manager
- How long you have been employed there
- Whether there are six or more employees
What NOT to Include:
Actions by the accused that were not based on discrimination
Other Points to Note:
- A copy of the complaint may be sent to the respondent. If you have concerns about this, discuss them with Anti-Discrimination NSW.
- It is unlawful to be victimised for making a complaint, planning to make one, or providing evidence for another complaint. If you are victimised, contact an Anti-Discrimination NSW officer.
Lodging your complaint and next steps:
You can lodge your complaint via:
- Post: PO Box W213, Parramatta Westfield NSW 2150
- Email: complaintsadb@justice.nsw.gov.au
- Online: Click here
Next Steps:
- Request for Information: Anti-Discrimination NSW may ask for more details.
- Jurisdiction Check: They may inform you if your complaint is not covered by the Act and refer you to other resources if possible.
- Notification: If covered, the respondent is notified and must reply. You will receive their response.
- Conciliation Meeting: If unresolved, a free meeting is arranged. An agreement may be reached and registered with the NSW Civil and Administrative Tribunal (NCAT).
- Escalation: If not resolved, you can ask to refer your complaint to NCAT.
Other Points to Note:
- Amendment: You can amend your complaint before it is resolved or terminated.
- Withdrawal: You can withdraw your complaint at any time.
- Abandonment: A complaint can be terminated if you don't respond to communications.
- Referral to NCAT: If not finalised in 18 months, you can request referral to NCAT.
More information:
Refer to the factsheet provided below for more information.
