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 jurisdiction

You will need to consider which pathway best fits your complaint. As such it is best to get legal advice.

If you have been dismissed, however, then 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).

More detail about the role of the Fair Work Ombudsman and of Fair Work Commission are found on their websites. They also have helplines open to receive enquiries. See the Employment chapter, in particular, the section on on protected workplace rights: General Protections.

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. The Federal Court is a formal jurisdiction and the losing party will normally have to pay the winning party’s costs. There are some matter types where, if conciliation does not succeed, the complaint cannot be taken further.

From 13 December 2022, 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, please refer to the Australian Human Rights Commission website. It also has a telephone enquiry line: 1300 656 419.

The South Australian Equal Opportunity Commission can accept complaints about discrimination in public life if they are covered by the Equal Opportunity Act 1984 (SA). The Commission'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 SACAT. 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 the 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 neither party will normally have to pay the other’s legal costs. However, monetary awards are usually much lower than awards in Commonwealth cases.

Where the Equal Opportunity Commission 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 Commission 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 Commission. Legal advice should be sought first.

Choosing among 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 can advise on whether it can handle a particular complaint, and will refer complaints to the other agency if necessary. It is always worth speaking to each agency before making your decision. You can also speak with the Equal Opportunity Legal Advice Service.