If there is a conflict between federal laws and the laws of the states or territories, federal law prevails. The Australian Human Rights Commission enforces the laws and decides what to do in the event of a complaint of discrimination on the basis of disability covered by australian government law. The Australian Parliament has enacted a series of anti-discrimination laws based on the foreign policy power of the Australian Constitution. [2] These include legal and unlawful discrimination Persons with disabilities cannot be discriminated against in: The current Commonwealth regime also deals with different grounds of discrimination in different ways. Four grounds of discrimination – sex, age, disability and race – are addressed in the specific laws listed above, while other more limited protections are provided for in the Australian Human Rights Commission (Cth) Act 1986. The result is a confusing and fragmented scheme that is difficult to use. Who can complain about discrimination? Under the Australian Disability Discrimination Act and relevant state or territorial laws, you can complain about discrimination on the basis of disability if you: In addition to federal legislation, every state and territory in Australia has equality and anti-discrimination agencies with legal responsibilities. The current Commonwealth anti-discrimination regime provides an important legal framework for the promotion of equality in Australia and contains many positive elements that contribute to protection against certain forms of discrimination in certain circumstances. Despite these characteristics, many individuals and groups within the Australian community face discrimination, and the notion of substantive equality remains, at least for some, still inaccessible. Substantive equality allows different groups to be treated differently so that they can enjoy their human rights on an equal footing. It is different from the formal equality achieved when the law treats all persons equally.

Formal equality may not address discrimination because it does not take into account the disadvantage of different groups. Australia has national laws that protect your rights and freedoms, including your right to be treated well in all areas of life. Australia has four national anti-discrimination laws that protect you from mistreatment for things you can`t change. These include your age, disability, race, gender, and sexuality. The Legal Board supported the previous government`s attempts to consolidate existing Commonwealth discrimination laws into a single law, provided that the process preserves or enhances existing protection against discrimination and enhances the regime`s ability to promote substantive equality and eliminate the regulatory burden on business. The Legal Board notes with regret that the consolidation of anti-discrimination legislation was not continued as a draft law and was not introduced before the dissolution of the House of Representatives on 5 August 2013 and the bundestag elections on 7 September 2013. Each state and territory has its own anti-discrimination law that operates alongside federal laws:[1] Direct discrimination occurs when a person with a disability treats a person with a disability unfairly or less fairly because of their disability. For example, someone might tell you that your child can`t participate in a play group because your child`s appearance would bother other parents and other children.

Australia has federal, state and territorial laws in place to protect people from discrimination and harassment. You cannot simultaneously hear a claim of discrimination on the basis of disability under the Australian Disability Discrimination Act and an equivalent state or territorial law. All laws have pros and cons, and the best you can use depends on your case. Under a number of international human rights treaties, Australia is required to take measures to eliminate discrimination, including on the basis of age, race, sex, pregnancy, marital status and disability. If you`re thinking about filing a complaint of discrimination based on disability, you should think about things like: Here`s some information that can help you start filing a disability discrimination complaint. Deadlines for complaints You must file a complaint within 12 months of the discrimination, unless you have a very good reason to extend the deadline. This page lists the main anti-discrimination laws in Australia. How do you complain about discrimination? You must submit a written complaint and send it to the Human Rights Commission or to the competent State or territorial authority.