• Yes. The time limit in NSW is 12 months.
• If the time limit has expired you may be able to apply anyway if you have good reasons for not filing your compliant earlier.

• The commission may consider your complaint if you can provide good reasons for it being delayed. They may consider the following:

1. the reason for the delay in making the complaint;
2. the reason for the length of the delay;
3. the prejudice to you if you are not able to pursue your complaint; and 
4. the prejudice to the respondent if your complaint is accepted.

• You have the right to ask for someone else to conciliate or mediate your matter.
• Conciliators, mediators and commissioners are bound by rules of neutrality, confidentiality and fairness so it is unlikely they will be biased and you will need to have evidence to support any allegation of bias.

• Yes and no. A parent or guardian will need to make the complaint on their behalf.

• n some circumstances it may be illegal to discriminate against someone due to their criminal record. This is the case when you base the refusal on an “irrelevant criminal record.”
• You should think carefully about whether their criminal history is strictly relevant to the position.  

• Direct discrimination is when you are unfairly treated on the grounds of a personal attribute in an area covered by legislation. 
• An example of direct discrimination is an employer who refuses to provide training to a female employee because she is “just going to leave to have kids anyway.”
• Indirect discrimination is not as readily identifiable. It occurs when a rule or policy applies to everyone on the surface but actually disadvantages a particular group. 
• For example an employer who unreasonably refuses to let staff work part-time may be discriminating against people with children who may need flexible hours to care for their kids.

• An identified position is when a role has been reserved for a person with a particular attribute.
• It is a form of positive discrimination which is lawful when the attribute is considered to qualify the person as ‘disadvantaged’ or ‘under-represented.’
• For example an employer may advertise that they will only consider Aboriginal or Torres Strait Islanders for a position. The employer has the right to do this as identified positions are allowed as an exemption to discrimination laws.

• Positive discrimination occurs when a particular group is benefitted due to their status as vulnerable or disadvantaged. 
• For example it is not unlawful to offer concession prices to pensioners and students.

• By itself pregnancy is not a ground for dismissal. 
• However dismissal can be lawful if it was reasonable in the circumstances. 
• An employer cannot simply assume that pregnancy will make a woman unable to perform her job. They must properly consider and discuss with her what she can and can’t do and try to reach a compromise if needed.

• The board does not charge any fee for making a complaint. 
• Courts have fees which can be waived if you suffer financial hardship. 

• You can represent yourself. 
• Courts are more formal than tribunals and commissions and are bound by the laws of evidence. 
• The laws of evidence can be quite complicated and you will certainly benefit from representation by a lawyer.

• It depends whether you are alleging that you were fired because of discrimination. 
• If so you may file a complaint at an anti-discrimination board. 
• If you wish to be re-instated in your position you will also need to take action through the Fair Work Commission on the basis of unfair dismissal.
• You can take both actions however any compensation awarded in one commission will be taken into consideration when assessing potential remedies in the other commission.

• Yes you may. This will be considered a dress code if it is reasonable. 
• Be particularly sensitive around religious clothing and accessories such as a hijab (headscarf) or a crucifix. 
• Also be aware that tattoos have significance to some people such as Maoris. 
• While you may make rules about hiding certain body art or jewelry you will need to be reasonable about it. If you are in doubt ask yourself whether it is worth risking a discrimination complaint.

• Victimisation occurs when a person is treated badly or threatened with detrimental treatment on the grounds that they have made a complaint about discrimination. 
• For example an employer may become aware that an employee is going to file a complaint against them. They may tell the employee that if the complaint goes ahead they will be fired and not given a letter of recommendation. This is victimisation and it is unlawful.

• Age Discrimination Act 2004 (Cth);
• Australian Human Rights Commission Act 1986 (Cth);
• Disability Discrimination Act 1992 (Cth);
• Racial Discrimination Act 1975 (Cth); and
• Sex Discrimination Act 1984 (Cth).

Often the first complaint should be made to the Australian Human Rights Commission. If conciliation is unsuccessful the President of the Commission will terminate the complaint. You can then start proceedings in the Federal Magistrate’s Court or the Federal Court. If you are unhappy with the court or magistrate’s decision you may be able to appeal.

Question

My university only has a couple of disabled parking spots and they are always filled up by cars without a disabled person permit. I’ve complained several times to the university but nothing seems to be getting done. I am having a lot of trouble getting to my lectures. What can I do?

Answer

• This raises issues of disability discrimination. 
• Your university will probably want to resolve this matter in conciliation as they are unlikely to want any bad publicity or to waste the time and expense of going to a tribunal or court. 
• At conciliation you could propose that the university:

1. provides directions to students to not use disabled parking spots, 
2. provides parking monitors to ensure the parking bays are used correctly, and 
3. perhaps issues a fine for people parking illegally. 

Question

I have been refused entrance to a nightclub several times in the past month as the bouncers say they don’t want any Arabs there. Apparently there was a fight a while ago between some “Arabian looking guys” and since then anyone who looks “Arabian” has been refused entry. Can they do this?

Answer

• This is racial discrimination and is prohibited under state and federal laws. 
• You should try to contact the manager and explain the situation. 
• If you are ignored or are not happy with the manager’s response then you should file a complaint in your state or territory’s discrimination commission. 
• You could seek:

1. an apology, 
2. an acknowledgment that the behavior was discriminatory, 
3. a promise to train staff on anti-discrimination, and 
4. an undertaking that any staff who act in this way again will be disciplined.

Question

I was sexually harassed at work and I was so distressed I had to quit. I want to sue my former boss but I have heard that before I can go to court I have to go to conciliation. I don’t want to sit in a room with him and have to talk to him! What can I do?

Answer

• It is correct that before you can go to a tribunal or court you must make a complaint at your state or territory’s discrimination commission and attend conciliation. 
• However you do not need to worry. Conciliation is a very flexible process. 
• If you don’t want to be in a room with your ex-boss the conciliator can provide a ‘shuttle service’ where you sit in separate rooms and the conciliator goes between the rooms carrying your messages. 
• Alternatively you can ask to participate in the conciliation over the phone or by letters or emails.

Question

I was at a tennis match in Brisbane when some spectators started yelling at me for wearing a niqab. They were shouting things like “show your terrorist face” and “if she does her husband will beat her and all his other wives.” It went on for ages and was really scary and offensive. Is this considered discrimination?

Answer

• This is vilification on account of your religion and it is prohibited. 
• Vilification is a public act that incites hatred towards, serious contempt for, or severe ridicule of a person or group of persons on the grounds of their race, religion, sexuality or gender identity. 
• A public act also includes conduct that is capable of being observed by the public. 
• As this occurred in a public arena and was directed at you due to your religion you have a claim of religious vilification against these spectators.
• You will most likely need legal assistance to work out how the best way to proceed.

Question

I am bisexual and I was insulted and bullied at work by a colleague on account of my sexuality. I told my boss several times and he practically ignored me. I am really disappointed by his lack of support. I want to know if he was wrong and if so what I can do about it.

Answer

• Yes. Your boss is liable under the rules of vicarious liability.
• This means that in some circumstances an employer can be responsible for their employees’ actions. 
• Your boss can be held liable as well as your colleague if your boss did not take reasonable steps to address and resolve your complaint.

Question

I am in my 30s and work at the local supermarket. My hours have been cut recently and a bunch of 16 year olds have started working there. My boss admitted to me that it was because I am in a more expensive age bracket and he wants cheaper labour. Can he do this?

Answer

• This is arguably discrimination on the grounds of your age. You could write a letter bringing this to his attention and see whether anything changes.
•  If it doesn’t you can make a complaint to your state or territory anti-discrimination commission.
• Before taking any steps you should seek legal advice or check the laws in your state or territory because some laws provide for exceptions under these circumstances.

Question

The Academic Misconduct Committee recently called me to a disciplinary hearing at my University. First of all, I didn’t know the university could call disciplinary hearings for academic misconduct? Secondly, I felt that the Committee was biased against me and I want to appeal their decision. What can I do?

Answer

• Most universities have their own policies regarding academic misconduct and grounds for appeal. It is likely that these would include holding disciplinary hearings.
• You should check the Student Academic Misconduct Policy and seek legal advice regarding what is the most appropriate ground of appeal. 
• Your written notice outlining the decision of the disciplinary meeting should:

1. state your grounds for appeal; and
2. any time frame which must be adhered to. 

• The following issues are usually grounds for appeal: 

1. if the student believes that there has been a breach of procedural fairness;
2. if the student considers that there is new substantial evidence relating to the offence that wasn’t present originally; 
3. if the student doesn’t believe the allegations are correct; or
4. if the student considers the penalty imposed is too severe. 

• Once you appeal the decision the possible outcomes include:

1. allowing the appeal leading to a new hearing being conducted;
2. dismissing the appeal meaning that the initial decision stands; or
3. dismissing the appeal but varying the penalty. If the penalty is varied the student is provided with a new notice outlining the decision. 

Question

I want to hire a new receptionist and I want to make sure they have at least 5 years of experience. Can I put this in the advertisement?

Answer

• This risks being indirect discrimination. 
• Highly qualified applicants may be unable to show extensive experience if they have not previously worked full time because of age, sex, race, impairment, or another attribute recognised by anti-discrimination laws. 
• To play it safe refrain from putting a number on the experience required and give applicants an opportunity to show you their relevant experience.

Question

I have a prosthetic lower leg but no-one ever realises unless I tell them or they see me without my trousers on. That is not going to happen if I am working in an office. Can I keep my secret or do I have to tell them the truth?

Answer

• In some circumstances you may be legally obliged to disclose your disability or impairment to your employer. 
• It could also be more embarrassing for you to have to admit it at a later date or it could put you in danger. For example they might not know that you are unable to use a certain type of fire stair safely.
• Under the various anti-discrimination acts they are prohibited (forbidden) from using that information in any way that discriminates against you. 
• They cannot make the assumption that because of your disability you cannot perform the job.

Question

My girlfriend and I stopped at my local bar for a drink on our way home after going to a concert. It was a hot summer night and we were both wearing sleeveless tops. The bartender was happy to serve my girlfriend but would not serve me until I went home and got a T-shirt with sleeves. I think it is discriminatory to have one rule for men and a different rule for women.

Answer

• This is not considered to be discrimination. It is a dress code. 
• As long as it is based on a reasonable assessment of current community standards it will not be unlawful.

Question

I have been working as a personal assistant for 3 years. When I started my boss was quite formal and correct but he has become a lot more familiar over time. Now it seems like he doesn’t even remember my name because he only ever calls me by these pet names. Can I make him stop?

Answer

• Sexual harassment needs to be of a sexual nature. 
• ‘Sweety’ and ‘love’ are generally considered to be inoffensive terms of endearment. 
• They are unlikely to be considered sexual unless they are accompanied by gestures and conduct that makes them sexual. 
• It is best to speak to your boss about this and tell him or her you dislike it.