Discrimination and human rights is a complex area. Separate Commonwealth and state legislation sets out people’s rights and duties, and government agencies administer the law that protects people’s human rights and work rights in Victoria.

Contributors

Ella Kucharova

Australian Human Rights Commission

Emily Minter

Victorian Equal Opportunity and Human Rights Commission

Making a discrimination complaint

Last updated

1 July 2020

Victorian Equal Opportunity and Human Rights Commission (VEOHRC)

People wishing to enquire about or make a complaint of discrimination, sexual harassment, victimisation, racial or religious vilification may contact VEOHRC. You can phone VEOHRC or live chat to someone via VEOHRC’s website (www.humanrightscommission.vic.gov.au). These services are available from 10 am to 4 pm, Monday to Friday. Complaints can also be lodged through VEOHRC’s website. VEOHRC has also published a Victorian discrimination law resource, Victorian Discrimination Law, that explains the Equal Opportunity Act and the Racial and Religious Tolerance Act in detail and considers relevant case law. This resource is available on VEOHRC’s website and at www.austlii.edu.au. For VEOHRC’s contact details, see ‘Contacts’ at the end of this chapter.

Victorian Civil and Administrative Tribunal (VCAT)

Under the Equal Opportunity Act, you can choose to take your complaint to VEOHRC for dispute resolution or apply to VCAT for dispute resolution and to have your complaint heard in a public hearing. Applications to VCAT can be lodged online. For VCAT’s contact details, see ‘Contacts’ at the end of this chapter.

Australian Human Rights Commission (AHRC)

Complaints of racial, disability, age and sex dis­crimination under the Commonwealth Acts (listed above) should be made in writing. A complaint form is available on the AHRC’s website (www.humanrights.gov.au). For the AHRC’s contact details, see ‘Contacts’ at the end of this chapter.

Fair Work Ombudsman

The Fair Work Ombudsman can provide inform­ation about options to pursue matters of employment discrimination action under the Fair Work Act. A translating and interpreting service is available by phoning 13 14 50. For the Fair Work Ombudsman’s contact details, see ‘Contacts’ at the end of this chapter.

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