Complaints and conciliation
Complaints of disability discrimination are made to the Australian Human Rights Commission.
Complaints can be made by:
- the person who claims he or she has been discriminated against
- a person affected by discrimination - on his or her own behalf and on behalf of others affected in the same way
- a person acting on behalf of another person or other people who claim they have been discriminated against (for example an advocate)
- an organisation acting on behalf of a person or other people who claim they have been discriminated against (for example a trade union).
Making a complaint
The Commission's Enquiry Officers can answer confidential enquiries over the telephone, but a formal complaint must at some point be made in writing (on paper or in electronic format). See our lodging a complaint page for links to our online complaint form; email address for making complaints; and downloadable complaint form; and for the address for complaints by mail.
The Commission can help a person put the complaint in writing, or the person's union, advocate or friend can help write the complaint.
The person can also give a statement to the Commission in Braille, on video or audio tape, through an advocate, or verbally.
The Commission can also assist a person to make a complaint by providing:
- community language interpreters including sign language interpreters, and
- information on where a person can get advocacy support.
A written or verbal statement can be made in any language. It should state that the person has been discriminated against on the basis of disability, and it should describe what happened, when and where it happened, who was involved, and give the names of any witnesses.
Complaints handling
The Commission will investigate any complaints received that are within its area of responsibility. Where a complaint against a person or organisation appears to involve an unlawful act of discrimination, the Commission will write to the person or organisation to get their side of the story.
The Commission can also conduct an investigation if necessary. Sometimes the Commission may refer a complaint to another body.
Conciliation
If it appears that disability discrimination has occurred, the person or organisation will be asked to participate in a conference with a conciliator and the complainant in order to help resolve the matter to the satisfaction of both parties. This is called conciliation.
A solicitor is not needed, but either party can engage one if they wish.
Depending on the complaint, conciliation may result in:-
- changes in policies or practices
- job reinstatement
- job promotion
- an apology
- withdrawal of the complaint
- payment of damages, and/or
- some other outcome.
Where a complaint cannot be resolved by conciliation, you can take your complaint to the Federal Court for an enforceable ruling if you choose to.
Where can you find out more?
More information is available on the Commission's complaints information page.
