What should I consider before making a complaint?
What complaint do I have?
Your complaint should talk about the unfair treatment you experienced.
- Is it about being refused or denied something?
- Is it about exclusion?
- Is it about conditions or requirements that you believe are unfair?
- Is it about a place you are not able to go?
- Is it about your participation in an activity or program?
- Is it about being allowed to practice your profession?
- Is it about discriminatory questions you have been asked about work?
- Is it about adjustments you have asked for but were refused?
What limitations are there to complaints?
You can only make a complaint about certain areas in life. You must describe the relationship between the discriminator and you. This includes:
- access to premises used by the public
- goods, services and facilities
- clubs and associations
- local government
- Commonwealth laws and programs.
Who do I complain about?
The discriminator is the person or persons who are:
- treating you unfairly because of your disability
- requiring you to do something which you cannot do because of your disability, or
- helping the discriminator or authorising the actions of the discriminator.
You need to:
- Identify the correct person and have names and contact details.
- If it is a business, find out how the business is operated. If it is operated by a company or corporation, it will have “Incorporated” or “Pty Ltd” in its name.
- 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