How to file a discrimination complaint in NSW
Discrimination complaints in NSW are lodged with Anti-Discrimination NSW (ADNSW) under the Anti-Discrimination Act 1977 (NSW). The Act covers discrimination on grounds including race, sex, age, disability, and sexual orientation in employment, education, and services. ADNSW will attempt conciliation before the matter can proceed to the NSW Civil and Administrative Tribunal (NCAT).
The framework
Discrimination complaints in NSW are governed by the Anti-Discrimination Act 1977 (NSW). The complaint is lodged with Anti-Discrimination NSW and may be referred to NCAT.
The process
Identify the ground and area of discrimination
Confirm that the discrimination falls within a ground (e.g. race, sex, disability, age) and area (e.g. employment, education, services) covered by the Anti-Discrimination Act 1977 (NSW).
Gather evidence
Collect all relevant evidence including emails, messages, witness statements, employment records, and any documents that support your complaint.
Check the time limit
Complaints must generally be lodged within 12 months of the discriminatory conduct. Late complaints may be accepted in some circumstances.
Complete the complaint form
Fill out the Anti-Discrimination NSW complaint form. The form requires details of the discrimination, the respondent, and the outcome sought.
Lodge the complaint with ADNSW
Submit the completed complaint form to Anti-Discrimination NSW by post, email, or online. There is no filing fee.
ADNSW assesses the complaint
ADNSW will review the complaint to determine whether it falls within jurisdiction and disclose it to the respondent for a response.
Participate in conciliation
ADNSW will arrange a conciliation conference to try to resolve the complaint by agreement. Most complaints are resolved at this stage.
Request referral to NCAT if conciliation fails
If conciliation is unsuccessful, you can request that the complaint be referred to the NSW Civil and Administrative Tribunal (NCAT) for a hearing.
Attend the NCAT hearing
Present your case at the NCAT hearing, including evidence and witness testimony. NCAT will make a binding determination.
Receive the outcome and enforce if needed
NCAT can order compensation, apologies, policy changes, or other remedies. If the respondent does not comply, enforcement proceedings may be necessary.
Common mistakes
- Missing the 12-month time limit for lodging the complaint
- Not identifying the correct ground and area of discrimination under the Act
- Failing to attend conciliation — this is a mandatory step before NCAT
- Not gathering sufficient evidence before lodging
- Confusing state (ADNSW) and federal (AHRC) discrimination processes
Get this process right with Quillio
Quillio helps draft discrimination complaints, conciliation position statements, and NCAT submissions for NSW matters. See /practice-areas/employment-lawyers or start a free trial.
This guide is general information about discrimination complaints in NSW — not legal advice. Consider obtaining advice specific to your matter.
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