How quickly should I take action?
If your complaint is about something that happened a long time ago, it will not be accepted. It is important that you make your complaint within the time allowed by the law, or what is called the ‘limitation period’.
The limitation periods are:
- Under the Equal Opportunities Act 2010, you can make a complaint within 12 months of the discrimination.
- Under the Disability Discrimination Act 1992, you can make the complaint within 24 months of the discrimination.
- If you are an employee, under the Fair Work Act 2009 you can make the complaint within 21 days of the termination or within 6 years of the discrimination if you remain to be employed.
What if I can’t put in my complaint on time?
If something prevented you from making a complaint within the limitation period, you may be able to apply for an extension of time if:
- the delay is not for a very long time; and
- you have good reasons for the delay, for example if you had to go to hospital and there is no one who could have made the complaint for you.
What if the discrimination is ongoing?
If the discrimination keeps on happening, then there is no limitation period or you can count from the date of the last act of discrimination.
For example, if a building doesn’t have disability access, the discrimination is ongoing until the owner installs a suitable ramp or lift.
If you are banned from a venue because of behaviour which is part of your disability, the discrimination happens every day you are refused entry or until the ban is lifted.
Contents
- Introduction
- Part 1: Have I experienced discrimination?
- Part 2: What action can I take?
- Part 3: When is discrimination allowed?
- Part 4: Quick references
- Process flow chart option 1: Complaint submitted with the Australian Human Rights Commission
- Process flow chart option 2: Complaint submitted with the Victorian Equal Opportunity & Human Rights Commission
- Process flow chart option 3: Complaint submitted directly with the Victorian Civil & Administrative Tribunal
- Flow chart option 4: Complaint submitted directly with the Fair Work Commission
- Disability Discrimination Checklist