How to file a discrimination complaint in Victoria
Discrimination complaints in Victoria are lodged with the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) under the Equal Opportunity Act 2010 (Vic). The Act covers discrimination on grounds including race, sex, disability, age, and sexual orientation in employment, education, and services. VEOHRC will attempt conciliation before the matter can proceed to VCAT.
The framework
Discrimination complaints in Victoria are governed by the Equal Opportunity Act 2010 (Vic). Complaints are lodged with VEOHRC and may be referred to VCAT.
The process
Identify the attribute and area of discrimination
Confirm that the discrimination involves a protected attribute (e.g. race, sex, disability, age) and an area of public life (e.g. employment, education, services) covered by the Equal Opportunity Act 2010 (Vic).
Gather evidence
Collect relevant evidence including emails, messages, witness accounts, employment records, and medical reports that support your complaint.
Check the time limit
Complaints must generally be lodged within 12 months of the discriminatory conduct. VEOHRC may accept late complaints in some cases.
Complete the complaint form
Fill out the VEOHRC complaint form. The form requires details of the discrimination, the respondent, the impact, and the outcome you are seeking.
Lodge the complaint with VEOHRC
Submit the completed form to VEOHRC by post, email, or online through the Commission's website. There is no filing fee.
VEOHRC assesses and notifies the respondent
VEOHRC will review the complaint, determine whether it is within jurisdiction, and notify the respondent.
Participate in conciliation
VEOHRC will offer conciliation to try to resolve the complaint by agreement between the parties. This is a confidential process.
Request referral to VCAT if conciliation fails
If conciliation does not resolve the complaint, you can request that it be referred to the Victorian Civil and Administrative Tribunal (VCAT) for determination.
Attend the VCAT hearing
Present your case at the VCAT hearing, including documentary evidence and witness testimony. VCAT will make a binding decision.
Receive the outcome and enforce if needed
VCAT can order compensation, apologies, changes to policies, or other remedies. Enforcement proceedings are available if the respondent does not comply.
Common mistakes
- Missing the 12-month time limit for lodging the complaint
- Not correctly identifying the protected attribute under the Act
- Failing to participate in conciliation — this step is required before VCAT
- Confusing the state process (VEOHRC/VCAT) with the federal process (AHRC/Federal Court)
- Not gathering contemporaneous evidence before lodging
Get this process right with Quillio
Quillio helps draft discrimination complaints, conciliation position statements, and VCAT submissions for Victorian matters. See /practice-areas/employment-lawyers or start a free trial.
This guide is general information about discrimination complaints in Victoria — not legal advice. Consider obtaining advice specific to your matter.
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