Parts of this are national law that applies across Australia, and parts are Victorian law. If you live outside Victoria, check the state parts with a service in your area. See Help in other states.
What you need to know
In Victoria, it is against the law to treat you unfairly because of a protected attribute, such as your race, sex, age, disability or gender identity. This applies at work, in education, in shops and services, in housing, in clubs and sport, and in local government.
You can make a free complaint to the Victorian Equal Opportunity and Human Rights Commission, apply to VCAT, or use the federal system through the Australian Human Rights Commission.
- The Equal Opportunity Act 2010 (Vic) protects more than 20 attributes, including race, sex, age, disability, pregnancy and sexual orientation.
- The Victorian commission may decline a complaint about something that happened more than 12 months ago.
- The Australian Human Rights Commission may end a complaint lodged more than 24 months after the events.
- A complaint to the Victorian commission is free, and you can ask for a free interpreter.
- It is against the law to treat you badly because you made or helped with a complaint.
- Victorian employers have a positive duty to take steps to stop discrimination, sexual harassment and victimisation.
How we can help
- Advice on whether what happened is unlawful discrimination.
- Advice on choosing between the Victorian commission, the Australian Human Rights Commission and the Fair Work Commission.
- Help writing and lodging a discrimination complaint.
- Help preparing for conciliation.
- Help preparing an application to VCAT.
- Advice on victimisation after you have complained.
Guides
- Making a discrimination complaintIn 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.
- Bullying, sexual harassment or discrimination at workYou have several options, and which one fits depends on what you want: for it to stop, for compensation, or for safety at work to be fixed.
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Where this information comes from
These are public sources we used to write the guides on this page. They are general information, not legal advice about your situation.
- Fair Work Ombudsman National employment standards
- Fair Work Commission Apply
- Fair Work Commission General protections applications
- Fair Work Ombudsman Pay calculator
- Fair Work Ombudsman About the small claims court
- Fair Work Ombudsman Criminalising wage underpayments and other issues
- Fair Work Ombudsman Family and domestic violence leave
- Fair Work Ombudsman Right to disconnect
- Fair Work Commission Sexual harassment
- Fair Work Commission Who can apply stop bullying
- WorkSafe Victoria Report psychosocial hazard
- Victorian Equal Opportunity and Human Rights Commission Discrimination
- Victorian Equal Opportunity and Human Rights Commission Complaints
- Victorian Equal Opportunity and Human Rights Commission Make a complaint
- Victorian Equal Opportunity and Human Rights Commission What you need to know
- Victorian Legislation Equal opportunity act 2010
- Victorian Legislation Victorian legislation
- Federal Register of Legislation Australian Human Rights Commission Act 1986 (Cth)
