FAQ

What is discrimination?

Is all discrimination unlawful?

What is an "attribute" under the Act?

What is an "area of activity" under the Act?

What else is prohibited under the Act?

What is sexual harassment?

What does it cost me to lodge a complaint?

How long does it take for a complaint to be finalised?

What sort of outcomes can I seek as a complainant?

What is discrimination?

Discrimination occurs when a person treats or proposes to treat another person who has an attribute less favourably than a person who does not have that attribute.

Is all discrimination unlawful?

No.  Discrimination is only unlawful when it occurs on the basis of an attribute covered by the Act (e.g. race, sex or impairment) in an area of activity that is set out in the Act (e.g. work or education).

What is an "attribute" under the Act?

An attribute is a characteristic that a person has. 

Attributes covered by the Act are: race; sex; sexuality; age; marital status; pregnancy; parenthood; breastfeeding; impairment; trade union or employer association activity; religious belief or activity; political opinion, affiliation or activity; irrelevant medical record; irrelevant criminal record; or an association with a person who has or is believed to have on of these attributes.

What is an "area of activity" under the Act?

The Act does not apply to all activities in everyday life.  You can only lodge a complaint under the Act if the discrimination or conduct you are complaining of happened in an area of activity covered by the Act. 

The areas of activity covered by the Act are:

• education;
• work;
• accommodation;
• goods, services and facilities;
• clubs; and
• insurance and superannuation.

What else is prohibited under the Act?

The Act also prohibits sexual harassment in an area of activity; victimisation; failure to accommodate a special need; discriminatory advertising; seeking unnecessary information; and aiding the contravention of the Act.

What is sexual harassment?

Sexual harassment starts when a person engages in any unwelcome conduct of a sexual nature, including unwelcome acts of physical intimacy, unwelcome demands or requests for sexual favours; unwelcome remarks with sexual connotations.  If this behaviour is done with the intention (or a reasonable anticipation) of offending, humiliating or intimidating the other person; or the other person is, or is likely to be, disadvantaged if they object to the conduct there will be grounds for a complaint of sexual harassment.

What does it cost me to lodge a complaint?

Lodging a complaint with the ADC is free. 

How long does it take for a complaint to be finalised?

The time taken to resolve a complaint will vary depending on the nature of the complaint, the willingness of the parties to participate in the process, including conciliation, the outcomes the complainant is seeking, and whether or not the matter can be finalised prior to hearing.  A matter that goes to hearing will generally take significantly longer than one that is finalised earlier in the process.

What sort of outcomes can I seek as a complainant?

A complainant can seek any outcome in order to resolve a complaint, provided that outcome is not unlawful. 

Examples of outcomes agreed between parties in the past include:

• apologies or statements of regret;
• changes in policies to enable a discrimination-free environment;
• training for staff on what discrimination is and how to eliminate it;
• financial compensation for loss or suffering;
• agreements to cease certain behaviour or activities;
• compensation in kind, such as free accommodation.