Making a complaint

What is discrimination?
What is prohibited conduct?
Who may lodge a complaint?
Is there a time limit?
What happens after a complaint is lodged?
Do I need to be represented by a lawyer or advocate?
Should I seek Legal advice?
Complaint form

If you are considering lodging a complaint of discrimination or prohibited conduct you may wish to contact us and make an appointment with an Investigation and Conciliation Officer for free procedural advice prior to lodgement of the complaint. 

What is discrimination?

Discrimination is unlawful treatment that occurs when someone is treated less favourably or disadvantaged on the basis of any of attribute, in connection with an area of activity, covered by the Anti-Discrimination Act 1998.

Direct discrimination can take place if a person treats another person on the basis of any prescribed attribute under the Act less favourably than a person who does not share that attribute or characteristic. 

Indirect discrimination can take place if a person/organisation imposes a condition, requirement or practice that is unreasonable and has the effect of disadvantaging a member of a group of people who share, or are believed to share, a prescribed attribute, more than a person who is not a member of that group.

More information about direct and indirect discrimination.

Discrimination on the ground of any of the following attributes or identities is unlawful under the Tasmanian Anti-Discrimination Act 1998:

• age
• breastfeeding
• disability
• family responsibilities
• gender/sex
• industrial activity
• irrelevant criminal record
• irrelevant medical record
• lawful sexual activity
• marital status
• relationship status
• parental status
• political activity
• political belief or affiliation
• pregnancy
• race
• religious activity
• religious belief or affiliation
• sexual orientation/transsexuality
• association with a person who has, or is believed to have, any of these attributes or identities

in any of the following areas of activity:

• employment - this includes paid or unpaid, casual, permanent or temporary employment.
  
• education and training - at schools, colleges, universities or other educational institutions where education and training is provided.
  
• provision of facilities, goods and services - this includes access and use of public places, transportation and travel and private or government service providers.
  
• accommodation - this includes residential housing and business accomodation ie. rental property, hotel, motel, boarding house or caravan.
  
• membership and activities of clubs - being a member of a club and participating in activities associated with the club.
  
• administration of any law of State or any State program on any ground specified under section 16(e), (f), (fa), (g), (h), (i) or (j) - (gender/sex, marital status, relationship status, pregnancy, breastfeeding, parental status or family responsibilities).
  
• awards, enterprise agreements or industrial agreements on any ground specified in section 16(e), (f), (fa), (g), (h), (i) or (j).

Back to top

Your complaint of discrimination may also include prohibited conduct or a complaint of prohibited conduct can be made independently.

Prohibited conduct includes:

• any conduct which offends, humiliates, intimidates, insults or ridicules another person on the basis of gender, marital status, relationship status, pregnancy, breastfeeding, parental status, family responsibilities in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated, intimidated, insulted or ridiculed;
  
• sexual harassment;
  
• victimisation (in relation to complaints);
  
• inciting hatred (by public act) - on the grounds of race, disability, sexual orientation, lawful sexual activity, religious belief or affiliation, or religious activity;
  
• publishing, displaying or advertising matter that promotes, expresses or depicts discrimination or prohibited conduct; and
  
• aiding contravention of the Act.

Back to top

Who may lodge a complaint?

The Anti-Discrimination Act 1998 states that the following persons may make a complaint of discrimination and prohibited conduct:

• a person who believes s/he has been discriminated against;
• a person on behalf of another person;
• a person on behalf of a class of persons if the Commissioner is satisfied that a majority of those members are likely to consent;
• a trade union on behalf of a member;
• a trade union on behalf of a class of members if the Commissioner is satisfied that a majority of those members are likely to consent;
• an organisation if the Commissioner is satisfied that a majority of those members are likely to consent; or 
• an agent of any of the above.

Back to top

Is there a time limit?

A complaint is to be made within 12 months of the alleged discrimination or prohibited conduct taking place.

If the conduct happened more than 12 months ago, the Commissioner may not be able to help unless there are good reasons for the delay in making a complaint.

If you have any questions or doubts about timing, please talk with an enquiry officer before lodging your complaint.

For more information see Complaint process and timelines.

Back to top

What happens after a complaint is lodged?

The Commissioner is to decide whether to accept a complaint for investigation, or reject the complaint within 42 days after receiving it.

If a complaint is rejected for investigation, you may seek a review of the Commissioner's decision through the Anti-Discrimination Tribunal within 28 days after receipt of the Commissioner's letter.

If the Tribunal decides that the Commissioner's decision to reject the complaint was incorrect, the complaint returns to the Commissioner for investigation.

If a complaint is accepted for investigation, the complaint is investigated. Investigating a complaint does not mean that a decision has been made that anyone has 'done' discrimination or prohibited conduct. It does mean that the Commissioner will ask the respondent - the person or company, etc against whom your complaint is made - what they have to say about the complaint.

The investigation can then involve asking questions of you and the respondent and any one else who may have relevant information. At the end of the investigation there are three possible outcomes. 

The Commissioner may decide to:

• dismissed the complaint;
• refer the complaint to conciliation; or 
• refer the complaint to the Anti-Discrimination Tribunal for inquiry.

The Act sets a 6 month time limit from when the respondent was first notified of the complaint for this to happen, unless you grant an extension of time for the investigation to continue.

Back to top

Do I need to be represented by a lawyer or advocate?

No. One of the aims of the Office of the Anti-Discrimination Commissioner is to enable investigation and conciliation of complaints with little or no cost to either party.

If at any stage you need assistance, please ask.  We are required to provide procedural advice and assistance, however no legal advice can be provided. 

Back to top

Should I seek legal advice?

Sometimes,  it is recommended that parties seek legal advice.  Legal representatives and/or advocates can provide parties with independant advice as to:

• the preparations of a complaint or response to a complaint
• the range of alternative options available to deal with your issue, for example sometimes the issues of concern may be better suited to another jurisdiction
• the merits of your case
• appropriate settlement proposals

For more information see Advocacy services page.

Back to top

Complaint Form

When completing the complaint form it is important that you provide as much relevant information as possible.  This will enable the Commissioner to make a fair decision about whether to accept the complaint for investigation.

Supporting documentation and material can be provided if it is relevant to the complaint.  Copies are preferred so you can retain the originals.

Please write clearly. A complaint can be written in languages other than English. Translation or an interpreter can be provided upon request. If you have difficulty writing, please contact us and we will assist you or refer you to an appropriate advocacy service.

A complaint of discrimination or prohibited conduct needs to:

• be made in writing and signed by the complainant;
• identify the person, class of persons of organisation against whom the alleged discrimination or prohibited conduct was directed and against whom the complaint is made;
• set out full details of the alleged discrimination or prohibited conduct; and 
• be lodged with the Commissioner - in person or by post or by any other means the Commissioner allows.

Complaint form - word document

Complaint form - PDF document