Making an age-discrimination complaint

This page provides information about how you can complain about age discrimination to the:

Numerous considerations will determine which organisation you decide to approach in the first instance. You are advised to make contact with one or all of the organisations to discuss which one is likely to be most appropriate for your circumstances.

If you would like to talk to a legal expert about which jurisdiction would be best, consider contacting the Legal Aid Commission of Tasmania (phone 1300 366 611) or a community legal centre.

If you make a complaint of age discrimination, the person or organisation you are complaining against may be given a copy of your complaint and asked to respond.

Fair Work Ombudsman and Fair Work Commission

The Fair Work Ombudsman investigates allegations of unlawful workplace discrimination and may initiate litigation against a national system employer for contravening Commonwealth Fair Work legislation. To contact the Fair Work Ombudsman, ring 13 13 94.

If you believe you have been unfairly dismissed because of your age, you should approach the Fair Work Commission in the first instance. You must do this within 21 days of your dismissal. To contact the Fair Work Commission, ring 1300 799 675.

Where discrimination is determined to have occurred, there are a number of remedies available, including fines, reinstatement and compensation.

More information about making a complaint to the Fair Work Ombudsman or the Fair Work Commission can be found here.

Tasmanian Anti-Discrimination Commissioner

If you intend to lodge a complaint with the Anti-Discrimination Commissioner, you must do so within 12 months of the incident. The Commissioner will decide whether the complaint can be dealt with under the Anti-Discrimination Act 1998.  If so, the person or organisation you are complaining about will be given a copy of the complaint. The Commissioner will attempt to resolve the case through conciliation. If early conciliation fails, the Commissioner will investigate the case. After investigation, the Commissioner will dismiss the case, direct it to conciliation or refer it to the Anti-Discrimination Tribunal.

More information about making a complaint to the Tasmanian Anti-Discrimination Commissioner can be found here.

If you wish to make the Tasmanian Anti-Discrimination Commissioner aware of behaviour or actions you believe to be unlawful discrimination or ageism but do not wish to lodge a formal complaint, you can report it using Equal Opportunity Tasmania’s Report It form. Unlike complaints, reports can be anonymous. You can also make a report by emailing office@equalopportunity.tas.gov.au or phoning 1300 305 062.

Australian Human Rights Commission

If you make a complaint to the Australian Human Rights Commission under the Age Discrimination Act 2004, the Commission will attempt to resolve the dispute through conciliation. In some circumstances it will investigate the case. If the case cannot be resolved through conciliation, the complaint will be terminated but you might still have an option of taking action in the courts.

More information about making a complaint to the Australian Human Rights Commission can be found here.

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