Discrimination and harassment can affect various aspects of life, including employment, education, and public services. If you have experienced discrimination, you have legal options to address your concerns. This guide explains how to file a claim, where to lodge it, and what to do if conciliation does not lead to a resolution.

Where to Submit Your Claim

Selecting the appropriate body for lodging your complaint is essential, as different laws and procedures apply.

1. Victorian Equal Opportunity and Human Rights Commission (VEOHRC)
2. Handles discrimination cases under Victorian legislation.
3. Covers aspects such as race, gender, disability, age, and physical features.
4. Provides a conciliation process before cases escalate to Victorian Civil and Administrative Tribunal (VCAT).
5. Australian Human Rights Commission (AHRC)
6. Handles cases under federal law.
7. Addresses issues related to employment, education, and public services.
8. Requires conciliation before escalating to Federal Court or Federal Circuit and Family Court.
9. Fair Work Commission (FWC)
10. Manages workplace discrimination cases under the Fair Work Act 2009.
11. Protects employees from unfair treatment due to personal attributes.
12. Requires complaints related to dismissal to be filed within 21 days.

Key Factors in Selecting the Right Authority

• Legal Requirements: The criteria for proving discrimination differ between federal and state laws.
• Protected Attributes: Some attributes (e.g., physical features) are covered under Victorian law but not federal law.
• Incident Location: Workplace-related complaints typically fall under the Fair Work Act, while service-related cases may be covered by human rights laws.
• Time Constraints: Different authorities have strict deadlines for lodging complaints.
• Legal Expenses: Tribunals and courts may impose costs if a claim is unsuccessful.

Steps to File a Discrimination Complaint

Step 1: Gather and Prepare Your Evidence

• Collect supporting materials, including emails, witness statements, and other relevant documentation.
• Clearly outline the incident and any informal attempts to resolve the issue.
• Ensure you adhere to any applicable deadlines.

Step 2: Submit a Written Complaint

• Most commissions and tribunals accept both online and paper-based applications.
• Provide clear details about the complaint, backed by relevant documents.

Step 3: Participate in Conciliation

• If your claim is accepted, the authority may arrange conciliation, where both parties attempt to reach a resolution.
• If conciliation is successful, an agreement may be formalized.

What If Conciliation Fails?

If conciliation does not resolve your complaint, the next steps depend on where you initially lodged your claim.

1. For Complaints Lodged with VEOHRC
2. You may escalate the case to VCAT for a formal hearing.
3. While there is no strict deadline, submitting within 12 months is advisable.
4. For Complaints Lodged with AHRC
5. You may take your case to the Federal Court or Federal Circuit and Family Court.
6. You will receive a Notice of Termination, and you must file your claim within 60 days.
7. For Complaints Lodged with FWC
8. You may proceed to the Federal Court or Federal Circuit and Family Court.
9. A conciliation certificate will be issued, and you must file it within 14 days.

Possible Tribunal and Court Outcomes

If your case proceeds to VCAT, the Federal Court, or the Federal Circuit and Family Court, the decision will be legally binding.

Potential Resolutions

• Cease and Desist Orders: The responsible party may be required to stop discriminatory actions.
• Financial Compensation: You may receive compensation for any damages incurred.
• Mandatory Corrective Actions: The tribunal or court may require reinstatement of employment or access to services.

If the case is unsuccessful, you may be responsible for covering the other party’s legal costs, emphasizing the importance of seeking legal advice before proceeding.

Key Legislation

1. Equal Opportunity Act 2010: Establishes rights and responsibilities regarding equal opportunity and anti-discrimination in Victoria.
2. Australian Human Rights Commission Act 1986: Governs the AHRC’s role in handling discrimination complaints under federal law.
3. Fair Work Act 2009: Protects employees against workplace discrimination and provides a framework for employment conditions.
4. Racial Discrimination Act 1975: Prohibits discrimination based on race, color, descent, or national or ethnic origin.
5. Sex Discrimination Act 1984: Outlaws discrimination on the grounds of sex, sexual orientation, gender identity, and intersex status.
6. Disability Discrimination Act 1992: Ensures protection against discrimination for individuals with disabilities in employment and public life.
7. Age Discrimination Act 2004: Prevents discrimination based on age in areas such as employment, education, and the provision of goods and services.

Resources and Support

1. Victoria Legal Aid: Provides free legal advice and representation for individuals facing discrimination, particularly those experiencing financial hardship.
2. Victorian Equal Opportunity and Human Rights Commission: Offers guidance on discrimination laws, investigation services, and conciliation for resolving complaints.
3. Australian Human Rights Commission: Investigates discrimination complaints under federal law and facilitates conciliation to resolve disputes.
4. Fair Work Ombudsman: Provides information and support for employees facing workplace discrimination, unfair dismissal, or adverse action by employers.