If you wish to make a complaint under the anti-discrimination laws, you cannot go directly to a court or tribunal. You must first make a complaint to one of the relevant anti-discrimination agencies, that is:

Choosing the jurisdiction

You will need to consider which pathway best fits your complaint. Seek legal advice.

If you have been dismissed, you should contact the Fair Work Commission, which handles cases of unfair or unlawful dismissal. You have only 21 days to lodge an application about an unfair dismissal or unlawful dismissal (including dismissal for discriminatory reasons).

To learn more, visit the Fair Work Ombudsman website and the Fair Work Commission website. They also have helplines open to receive enquiries. See the Employment chapter of the Law Handbook, and in particular the section on General Protections which covers protected workplace rights.

Australian Human Rights Commission

The Australian Human Rights Commission can accept complaints about discrimination in public life generally, including work, education, qualifications, goods and services and accommodation. It applies the:

The Commission’s role is principally to try to conciliate between the disputing parties to reach an agreed solution. Matters that do not resolve in this way can (with some exceptions) be referred to the Federal Court, where the parties can litigate the case if they choose [Australian Human Rights Commission Act 1986 (Cth) s 46PO]. Proceedings in the Federal Court are much more formal than in conciliation. Parties are entitled to be legally represented and the losing party may have to pay the winning party’s legal costs.

For applications made on or after 2 October 2024, unsuccessful applicants will not be required to pay the costs of another party to the proceedings unless the Court is satisfied that [s 46PSA]:

In some circumstances, a representative action may be brought under section 46PO of the Australian Human Rights Commission Act 1986 (Cth). This means that some actions may be instituted jointly or by a representative such as a union.

For more information, visit the Australian Human Rights Commission website.

South Australian Equal Opportunity Commissioner

The South Australian Equal Opportunity Commissioner can accept complaints about discrimination in public life if they are covered by the Equal Opportunity Act 1984 (SA). The Commissioner's role is to conciliate between the parties. If conciliation does not succeed, the Commissioner can refer the case to the South Australian Civil and Administrative Tribunal. From 1 December 2024, where the case concerns discrimination or victimisation in the workplace, the Commissioner must refer the case to the South Australian Employment Tribunal (SAET) instead [Equal Opportunity Act 1984 (SA) s 95B(2)]. However, if the case concerns both workplace-related matters and other matters, the Commissioner may refer the case to either SACAT or SAET.

The Commissioner has a discretion as to whether to provide funding to the parties to litigate the case further at a tribunal.

These state tribunals provide a less formal jurisdiction and usually each party will pay their own costs only. However, monetary awards for successful claims are usually much lower than awards in Commonwealth cases.

Where the Equal Opportunity Commissioner becomes aware that a criminal investigation is being conducted or a person is being charged in relation to a matter that is the subject of a complaint, the Commissioner may not proceed to investigate, conciliate, or otherwise deal with the complaint under this Act until the criminal investigation has been completed, or the proceedings for the offence have been disposed of, withdrawn, or permanently stayed.

If the South Australian Equal Opportunity Commissioner takes up your complaint and acts on it, you will no longer be able to take that complaint to the Australian Human Rights Commission. It is, however, generally possible to take the complaint to the Australian Human Rights Commission and then later opt to move to the Equal Opportunity Commissioner. Seek legal advice first.

Choosing one of these pathways is not a simple matter. Your choice can significantly affect your rights and you should seek legal advice first. There may be other assistance available to you if your claim relates to disability, before lodging a formal complaint. Each agency will tell you if it can hear a particular complaint and will refer complaints to the other agency if appropriate. It is always worth speaking to each agency before making your decision. You can also speak with the Equal Opportunity Legal Advice Service.