Making a discrimination complaint

Last checked: 31 October 2026

The short answer

In Victoria, it is against the law to treat you unfairly because of a protected attribute, such as your race, sex, age or disability, in an area of public life like work, school or shops. You can make a free complaint to the Victorian Equal Opportunity and Human Rights Commission, or apply straight to VCAT. There is also a federal option through the Australian Human Rights Commission. It is also against the law to treat you badly because you complained.

Key dates and time limits

• Victorian Equal Opportunity and Human Rights Commission: it may decline a complaint about something that happened more than 12 months before.
• Australian Human Rights Commission: it may end a complaint lodged more than 24 months after the events.
• Federal court after the Australian Human Rights Commission ends your complaint: 60 days from the notice.
• If you were dismissed and want to use the Fair Work Commission instead: 21 days.

Step by step

1. 1

   Check your attribute is protected

   The Equal Opportunity Act 2010 (Vic) protects: age, breastfeeding, employment activity, gender identity, disability, industrial activity, lawful sexual activity, marital status, parental or carer status, physical features, political belief or activity, pregnancy, profession, trade or occupation, race, religious belief or activity, sex, sex characteristics, sexual orientation, an expunged homosexual conviction, a spent conviction, and being associated with someone who has any of these.

2. 2

   Check it happened in an area the law covers

   The Act covers employment and work related areas, education, goods and services, land, accommodation, clubs, sport and local government. It also covers direct discrimination and indirect discrimination, which is an unreasonable rule that disadvantages people with an attribute. Victimisation is against the law anywhere, not only in these areas.

3. 3

   Write it down and gather proof

   Note what happened, when, where, who was involved and who saw it. Keep emails, letters, messages and any job ads or policies. Think about the outcome you want, such as an apology, a change in policy, your job back or compensation.

4. 4

   Choose state or federal

   The Victorian commission deals with things that happened in Victoria under Victorian law. The Australian Human Rights Commission deals with federal discrimination laws and has a longer time limit. Get advice before you choose. If you were dismissed, a Fair Work Commission general protections claim may also fit, but you cannot make that claim if you have already made an anti-discrimination complaint about the dismissal.

5. 5

   Make your complaint

   You can complain to the Victorian commission online, by phone on 1300 292 153, by email or by post. It is free, you can use any language, and you can ask for a free interpreter. Someone else, like a family member, union or lawyer, can complain for you with your consent.

6. 6

   Take part in conciliation

   A conciliator helps both sides talk and try to agree. It is voluntary and confidential, and what is said cannot be used later in VCAT. Most Victorian complaints are resolved within 6 months, and urgent ones, such as when someone is about to lose their job, can be fast tracked.

7. 7

   If it does not resolve, go to VCAT or court

   VCAT can decide whether the law was broken and order compensation, an apology or other steps. You can apply to VCAT whether or not you went to the commission first. For a federal complaint that ends without agreement, you can apply to the Federal Court or the Federal Circuit and Family Court within 60 days of the notice.

Who can help

Forms and the law