Organization : Australian Human Rights Commission
Service Name : Make a Complaint
Country: Australia
Website : https://www.humanrights.gov.au/complaints/complaint-guides
Online Form : https://www.humanrights.gov.au/complaints/make-complaint
Human Rights Make a Complaint
The Australian Human Rights Commission can investigate and resolve complaints of discrimination, harassment and bullying based on a person’s:
** sex, including pregnancy, marital or relationship status (including same-sex de facto couples) status, breastfeeding, family responsibilities, sexual harassment, gender identity, intersex status and sexual orientation.
Related : Commonwealth Ombudsman Making a Complaint Australia : www.statusin.org/11933.html
** disability, including temporary and permanent disabilities; physical, intellectual, sensory, psychiatric disabilities, diseases or illnesses; medical conditions; work related injuries; past, present and future disabilities; and association with a person with a disability
** race, including colour, descent, national or ethnic origin, immigrant status and racial hatred
** age, covering young people and older people
If you are making a complaint under one of the above grounds, it is considered a complaint of unlawful discrimination. Click here for further information
The Australian Human Rights Commission can also investigate and resolve complaints of discrimination, harassment and bullying (in employment only) based on a person’s criminal record, trade union activity, political opinion, religion or social origin. The Commission can also investigate and resolve complaints about alleged breaches of human rights against the Commonwealth and its agencies.
If you are making a complaint under one of the above grounds, it is considered a complaint of Human rights and ILO. Click here for further information
It is against the law to be discriminated against in many areas of public life, including employment, education, the provision of goods, services and facilities, accommodation, sport and the administration of Commonwealth laws and services.
The Complaint Process:
The Australian Human Rights Commission is an independent third party which investigates complaints about discrimination and human rights breaches. It does not act as an advocate or legal representative for a party to a complaint. The complaint process is simple, free and flexible
Complaints to the Australian Human Rights Commission must be in writing. To ensure that all necessary information is provided, we prefer that you complete one of our complaint forms provided below. You can complete and submit a complaint online or you can print a hard copy and send it to us.
If you would like the Commission to send you a hard copy complaint form or if you need assistance to write down your complaint, please call our National Information Service on 1300 656 419.
Complaint information in Auslan :
** The Australian Human Rights Commission is an independent third party which investigates complaints about discrimination and breaches of human rights.
** This presentation in Auslan explains what you can complain about and how the complaint process works.
Conciliation – how it works :
** Many complaints that the Australian Human Rights Commission receives are resolved through conciliation.
** Conciliation is an informal, flexible approach to resolving complaints – matters can be settled by an exchange of letters, a telephone negotiation between the Commission and the people involved, a telephone conciliation conference or a face to face conciliation conference.
** We will discuss with you the best way to try and resolve the complaint and what sort of outcome you are seeking. We will also talk with the respondent about the options they have and the benefits of resolving the complaint through conciliation.
** The conciliation conference is not a public hearing, a court of law or a tribunal. That means parties do not have to prove or disprove the complaint. Instead conciliation allows people to state their point of view, discuss the issues in dispute and settle the matter on their own terms.
** You do not need a lawyer to participate in conciliation. If you want a lawyer or another type of advocate to participate in the conciliation conference, you need to discuss this with the conciliator before the day of the conference and obtain their permission.
** The Commission is an impartial third party during the conciliation process. Our role is to assist the parties to consider different options to resolve the complaint and provide information about possible terms of settlement. We can also help write up the conciliation agreement.
** Outcomes will vary depending on the nature of the complaint. However, agreements can include an apology, reinstatement to a job, compensation for lost wages, changes to a policy or putting in place anti-discrimination policies.
** If the complaint can’t be resolved through conciliation, you can apply to have the matter heard in the Federal Court of Australia or the Federal Circuit Court of Australia. In certain circumstances, an application to the court must not be made by the complainant unless the court has granted leave to make the application.
You can also contact us via the:
Translating and Interpreting Service: 131 450 or www.tisnational.gov.au or the
National Relay Service: 1300 555 727 (Speak and Listen) or www.relayservice.gov.au