Complaint Handling

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 details of the alleged discrimination or prohibited conduct
• be lodged with the Commissioner - in person or by post or by any other means the Commissioner allows

For more information, please go to How to lodge a complaint.

Brief overview of complaints process

1. A complaint is lodged at the Office of the Anti-Discrimination Commissioner.
2. An investigation/conciliation officer assesses the complaint against the Anti-Discrimination Act 1998 and makes a recommendation to the Anti-Discrimination Commissioner.
3. The Anti-Discrimination Commissioner determines whether the complaint is accepted or rejected for investigation.
4. The respondent is contacted only if the complaint is accepted for investigation.
5. If the complaint is accepted, the investigation commences.
6. An exchange of correspondence is conducted between the parties. This includes obtaining relevant documents and witness statements.
7. At the conclusion of the investigation there are three possible outcomes: 

-complaint dismissed
-complaint proceeds to conciliation
-complaint referred to Tribunal

If a complaint is dismissed the complainant has a right of review through the Anti-Discimination Tribunal (ADT).

If the ADT upholds the dismissal, the complaint lapses and the file is closed. If the ADT overturns the dismissal, the ADT holds an inquiry. This is a hearing or trial where the parties give evidence on oath or affirmation, are cross examined and call witnesses. At the end, the Tribunal decides if discrimination has occurred or not, and makes orders about compensation or dismissal etc.