Your rights
Australian laws protect you from some kinds of unfair treatment, and control how organisations handle your personal information. Here’s where to start, and who to complain to.
General information, not legal advice. Rules, fees and processing times change. Always check the official page. If your situation is complicated, a community legal centre can help. See community resources.
Federal law: the Sex Discrimination Act
- The Sex Discrimination Act 1984 makes it against the law to treat you unfairly because of your gender identity or intersex status, as well as your sex and sexual orientation.
- Gender identity discrimination is being treated less favourably because of your gender-related identity, appearance, mannerisms or other gender-related characteristics. It doesn’t matter what sex you were assigned at birth, or whether you’ve had any medical intervention.
- Indirect discrimination can also be unlawful. The Australian Human Rights Commission’s example: an employer’s policies that don’t allow changes to an employee’s records, forcing someone to keep explaining their gender identity.
- It’s against the law to victimise someone for making, or planning to make, a complaint.
- Whether the law covers your situation depends on the details. Contact the Australian Human Rights Commission to check before you complain.
How to complain to the Australian Human Rights Commission
- You can try raising it with the person or organisation first, but you don’t have to.
- Complaints are free and must be in writing (online or with a form). The Commission can help you write it, and you can use any language.
- Someone such as a lawyer, advocate or union can complain for you.
- The Commission investigates and tries to resolve complaints by conciliation. It isn’t a court and can’t decide that discrimination happened.
- There’s no strict deadline, but the Commission may end a complaint that’s lodged more than 24 months after what happened. AHRC: Respect@Work changes fact sheet.
Sources: AHRC: Sex discrimination complaints · AHRC: Sexual orientation, gender identity and intersex status discrimination · AHRC: Make a complaint. Last checked 14 Nov 2026.
State and territory anti-discrimination bodies
You may be able to complain to the Australian Human Rights Commission or to a state or territory body. We don’t say which to choose. Contact them before you lodge: they can tell you whether they can deal with your complaint.
New South Wales: Anti-Discrimination NSW
- Transgender discrimination is against the law in areas including work, state education, accommodation, and goods and services such as banking and medical services. Anti-Discrimination NSW says the law protects all transgender people, no matter how they affirm their gender.
- If you’re non-binary or intersex, ask Anti-Discrimination NSW whether the NSW law covers your situation.
- You can complain online, by email or by post. Call 1800 670 812 first to check the process. Complaints older than 12 months can be declined unless there’s a very good reason.
Sources: Anti-Discrimination NSW: Transgender discrimination · Service NSW: Lodge a complaint with Anti-Discrimination NSW. Last checked 14 Nov 2026.
Victoria: Victorian Equal Opportunity and Human Rights Commission (VEOHRC)
- Gender identity is a protected attribute under Victoria’s Equal Opportunity Act 2010. It may, but doesn’t have to, involve medical intervention (VEOHRC: Gender identity discrimination).
- You can complain by phone (1300 292 153), with the online complaint form, by email or by post. There’s no cost, and you can complain in any language.
Sources: VEOHRC: Make a complaint. Last checked 14 Nov 2026.
Queensland: Queensland Human Rights Commission (QHRC)
- Protected attributes include gender identity (your internal experience of gender, whether or not it matches the sex you were assigned at birth) and sex characteristics (QHRC: Attributes).
- Complaints should be lodged within 12 months of the incident. In some cases an older complaint may be accepted.
Sources: QHRC: Before making a complaint. Last checked 14 Nov 2026.
Western Australia: Equal Opportunity Commission WA
- WA law protects people with a “gender history”. The Commission describes this as identifying as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex. If you’re non-binary, ask the Commission whether this covers your situation (EOC WA: Gender history discrimination).
- Complaints must be in writing (online, or a form emailed to the Commission), in any language. The incident must have happened within 12 months, unless the Commissioner decides there’s good reason.
Sources: WA Government: Make a discrimination or harassment complaint. Last checked 14 Nov 2026.
South Australia: Equal Opportunity SA
- The law protects people who identify as male, female or neither, whatever sex they were assigned at birth and whether or not they’ve had any medical intervention. It also covers intersex status (Equal Opportunity SA: Grounds for discrimination).
- There’s no cost. Send your complaint in writing within 12 months of the last act of discrimination.
Sources: Equal Opportunity SA: Making a complaint. Last checked 14 Nov 2026.
Tasmania: Anti-Discrimination Commissioner (Equal Opportunity Tasmania)
- Tasmania’s Anti-Discrimination Act 1998 covers gender identity and sex characteristics (section 16).
- Complain within 12 months. There’s no fee, and you don’t have to live in Tasmania if it happened there. The Commissioner can accept a later complaint if it’s reasonable to (section 63).
Sources: Anti-Discrimination Commissioner: Complaints · Anti-Discrimination Act 1998 (Tas). Last checked 14 Nov 2026.
Australian Capital Territory: ACT Human Rights Commission
- Under the ACT Discrimination Act, attributes include gender identity, sex characteristics and intersex status (for vilification).
- The Commission can try to resolve complaints, including by conciliation. Discrimination complaints can be heard and decided by the ACT Civil and Administrative Tribunal (ACAT).
- Ask the Commission about any time limits, and contact it as soon as you can.
Sources: ACT HRC: Discrimination · ACT HRC: Information for people making complaints. Last checked 14 Nov 2026.
Northern Territory: NT Anti-Discrimination Commission
- Protected attributes under the NT Anti-Discrimination Act 1992 include gender identity and sex characteristics.
- Complain in writing within 12 months. A complaint can be made later if there’s a good reason. You can lodge online or with a form.
Sources: NT ADC: Discrimination · NT ADC: Complaints. Last checked 14 Nov 2026.
Privacy: the Privacy Act and the OAIC
- The Privacy Act 1988 sets rules for how Australian Government agencies, and organisations with an annual turnover of more than $3 million, handle your personal information. Some smaller businesses are covered too, including private health service providers.
- “Sensitive information” has extra protection. It includes information about your health and your sexual orientation or practices.
- To complain: first complain to the organisation or agency, and give them 30 days to respond. For banks, insurers, super funds, telcos and some energy and water providers, you may need to go to their external dispute resolution scheme first.
- If it isn’t resolved, you can complain to the Office of the Australian Information Commissioner (OAIC) in writing. In February 2026 the OAIC said it was unlikely to substantially progress new complaints for 6 to 12 months after they’re lodged, unless there are exceptional circumstances.
- The Privacy Act doesn’t cover everyone. State and territory government agencies may have their own privacy rules. Check with the agency.
Sources: OAIC: Rights and responsibilities · OAIC: What is personal information? · OAIC: Complain to an organisation or agency · OAIC: Before you lodge a privacy complaint · OAIC blog, 2026. Last checked 14 Nov 2026.
Need help writing to an organisation? Try our letter templates. For free legal help, see community resources.
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