How to lodge a discrimination complaint with the AHRC
You lodge a discrimination complaint with the Australian Human Rights Commission (AHRC) using the online complaint form. The AHRC investigates complaints under federal anti-discrimination laws (race, sex, age, disability) and provides confidential conciliation. If unresolved, you can take the matter to the Federal Circuit and Family Court of Australia (Division 2).
The framework
Federal anti-discrimination law is found in the Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth), Disability Discrimination Act 1992 (Cth), Age Discrimination Act 2004 (Cth), and Australian Human Rights Commission Act 1986 (Cth) (which establishes the AHRC and the complaint process).
The process
Identify the relevant Act and ground
Discrimination must fall within a federal Act and a protected attribute (race, sex, sexual orientation, gender identity, intersex status, marital status, pregnancy, age, disability) and a protected area (employment, education, etc.).
Note the time limit
Complaints should generally be lodged within 24 months of the most recent act under section 46PH of the Australian Human Rights Commission Act 1986. The AHRC may decline complaints lodged outside this period.
Try to resolve directly first
Where appropriate, raise the issue with the person or organisation directly first. Many complaints can be resolved through internal processes, particularly in employment.
Gather evidence
Collect emails, contracts, witness names, photos, medical records, and notes of incidents (with dates and locations). Documentary evidence is critical for both conciliation and any later court proceedings.
Lodge the complaint with the AHRC
Use the AHRC online complaint form at humanrights.gov.au. Provide details of what happened, the relevant Act, the people involved, and what outcome you are seeking. There is no fee.
AHRC assesses jurisdiction
The AHRC reviews the complaint to confirm it falls within its jurisdiction under one of the federal anti-discrimination Acts. If it does not, the complaint may be referred or declined under section 46PH.
Notification of respondent
The AHRC notifies the respondent of the complaint and asks for a response. The process is confidential and aims to resolve the complaint without litigation.
Conciliation conference
The AHRC offers conciliation, which is voluntary, confidential, and free. Many complaints resolve at conciliation through apologies, policy changes, training, or financial settlement.
Termination of complaint
If the complaint is not resolved, the AHRC issues a notice of termination under section 46PH. The complainant then has 60 days to commence proceedings in the federal courts under section 46PO.
Federal court proceedings
The complainant may commence proceedings in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court within 60 days of termination. Remedies include compensation, declarations, apologies, and orders to change conduct.
Forms and templates
- AHRC online complaint form
- Application to Federal Circuit and Family Court (Division 2)
Common mistakes
- Missing the 24-month lodgement period
- Confusing federal and state discrimination jurisdictions
- Not gathering documentary evidence
- Missing the 60-day federal court window after termination
- Approaching conciliation without clear settlement parameters
Get this process right with Quillio
Quillio can help frame your complaint against the relevant federal Act, prepare a chronology, and draft a conciliation position paper. See /practice-areas/employment-law or start a free trial.
This guide is general information, not legal advice. Discrimination matters can be complex and overlap with state laws. Contact a community legal centre or discrimination lawyer for advice.
Get this right the first time.
Quillio drafts the forms, checks against current requirements, and surfaces the relevant authority — all in one place. The free trial requires no sales call.
Start your free trial