You don't have to put up with racism at work, in housing or when using services. This guide walks you step by step through the free complaint and conciliation processes of the AHRC and state anti-discrimination bodies, starting with gathering evidence.
Australia's Racial Discrimination Act 1975 makes it unlawful to treat someone unfavourably because of their race, colour, or national or ethnic origin. It applies across everyday life — work (hiring, promotion, dismissal), housing (rental refusals), shops and services, education — and protects everyone in Australia, whether you are a permanent resident or a temporary visa holder. If you have been discriminated against, complaining is your right, and free processes are in place.
Discrimination is unfavourable treatment because of race or similar grounds — for example, being rejected for a job because of your accent, refused a rental because of your country of origin, or denied service. Racial hatred is insulting, threatening or ridiculing someone because of their race in a public place or medium, and is separately prohibited under the same Act (section 18C). Both can be the subject of an AHRC complaint, and conduct that amounts to a criminal offence, such as assault or intimidation, should also be reported to the police.
Complaints to the AHRC (Australian Human Rights Commission) are free, can be lodged online, and come with interpreter support. Once a complaint is received, the AHRC looks into it and then arranges conciliation between you and the other party (a person or a company). It is a process for reaching agreement — an apology, changes to policies and practices, financial compensation and so on — without going to court.
A neutral conciliator brings both sides together by phone, video or in person. Because it is a private, non-court process, there is no court record and nothing is made public, and a large share of matters are resolved by agreement at this stage. Outcomes vary with the case — a written apology, training to prevent repeat conduct, reinstatement, financial compensation and more.
Your right to complain does not depend on your visa status, and there is no system that reports complaints to visa authorities. If conciliation fails, a pathway to the federal courts exists after the termination notice, but there is a set filing deadline (check officially), so get free legal advice on your next steps as soon as you receive the notice.
Both the inquiry and conciliation run on concrete facts. Memories fade with time, so a record made right after the incident is your strongest evidence. You can still complain without perfect evidence, but preparing the three things below will make the process much smoother.
The law on recording conversations differs between states, including consent requirements. Rather than relying on secret recordings, prioritise notes made right after the incident and message screenshots, and confirm through legal advice whether a recording can be used as evidence.
Even for the same discrimination, the most suitable body depends on the situation. The same incident can only proceed through one pathway (federal and state lodgements cannot be duplicated), so compare the four pathways below before you lodge.
The federal body covering racial discrimination and racial hatred across work, housing, services and education. Online, free, with interpreter support, available anywhere in Australia. A non-court process centred on conciliation.
Parallel pathways under each state's law, such as Anti-Discrimination NSW and VEOHRC in Victoria. Locally based conciliation is a strength, but the same incident cannot be lodged with both the AHRC and a state body — choose only one.
Adverse treatment at work because of race falls under general protections. Applications involving dismissal have a 21-day deadline. Report unpaid wages and breaches of working conditions to the Fair Work Ombudsman.
For immediate danger such as assault, threats or property damage, call 000. For a hate crime, you can report to the police and lodge a discrimination complaint in parallel; the non-emergency line is 131 444.
Once you decide to complain, work through the five points below in order. The better prepared your complaint, the more likely conciliation will deliver the outcome you want.
The process itself is not difficult, but the mistakes below sometimes get a legitimate complaint terminated or put the complainant at a disadvantage. Know them in advance and avoid them.
Australian Human Rights Commission complaints page — online complaint form, process guide, interpreter support
NSW anti-discrimination body — discrimination complaints and conciliation under the state Anti-Discrimination Act
Advice and reporting on workplace rights, pay and conditions — free interpreters available
Find a community legal centre anywhere in Australia — connects you to free legal advice
Government interpreting service (131 450) — free interpreter support when contacting agencies or lodging complaints
Your right to complain does not depend on your visa status. Anyone in Australia — including working holiday makers, international students and temporary visa holders — can lodge a free complaint with the AHRC or a state anti-discrimination body, and there is no system that reports discrimination complaints to visa authorities. If you are worried about your personal situation, get free advice first from a community legal centre (CLC) or Legal Aid.
Complaints to the AHRC and state anti-discrimination bodies are free, and you can lodge one yourself without a lawyer. Taking part in conciliation also costs nothing. If you need legal help, you can get free advice from Legal Aid in your state or a community legal centre (clcs.org.au).
Yes. The AHRC provides interpreter support, and you can get help in a wide range of languages through the government interpreting service TIS National (131 450). If writing the complaint in English is difficult, you can request interpreting or translation support, or ask a community legal centre to help you prepare it.
Yes. The AHRC may terminate (close) complaints lodged more than 24 months after the incident, so it is best to lodge as soon as possible (check the official site for the exact rules). For workplace discrimination that involves dismissal, the deadline to apply under Fair Work general protections is only 21 days after dismissal, so take particular care.
No. As a rule, the same incident can only proceed through one pathway — federal (AHRC) or state — and duplicate lodgement is not allowed. Which pathway suits you better depends on the facts and the state you live in, so before lodging, compare the two using each body's guidance or free legal advice, then choose.
If conciliation fails or the AHRC terminates your complaint, you will receive a termination notice, and from there a pathway exists to take the matter to the federal courts. However, there is a set deadline to file from the date of the notice (usually 60 days — check officially for the current limit), so as soon as you receive the notice, discuss next steps with Legal Aid, a community legal centre or similar. The court stage involves cost and time, so legal advice is practically essential.
For racial discrimination at work, you choose between the AHRC/state anti-discrimination pathway and the Fair Work general protections pathway. The same conduct cannot be raised through both pathways, so if dismissal was involved, look at the Fair Work pathway first because of its 21-day deadline; unpaid wages and breaches of working conditions can be reported separately to the Fair Work Ombudsman. See our guide on reporting workplace issues as well.
