Australian Human Rights Commission Complaint Process

I. What is the Racial Discrimination Act?

The Racial Discrimination Act (RDA) is a federal instrument of legislation outlining the prohibition of racial discrimination across Australia, including discrimination on the basis of nationality, ethnicity, colour, race or descent. The RDA encompasses matters such as the right to equality before the law, discrimination within employment and trade unions, provisions of goods and services, access to places and facilities, land and housing, and racial hatred. Breaches of the RDA are a civil matter and do not incur criminal records or penalties.

II. The AHRC

The Australian Human Rights Commission is a national institution that exists to advocate for and promote human rights and equality. The AHRC investigates and hears matters across Australia pertaining to discrimination and human rights breaches on the basis of race, sex, disability, and age. The AHRC is an independent body and cannot provide legal advice or representation regarding a complaint. It is also not a court and cannot decide whether unlawful discrimination has occurred.

III. Complaints Process

Before being able to action a claim in court in relation to the RDA, you must first make a complaint through the AHRC about the matter. The complaint service is free, and the form is available on the AHRC's website to be filled online or printed and mailed. All complaints must be in writing. You may make a complaint on behalf of another person so long as they have given you the authority to act or you may grant another party permission to lodge a complaint on your behalf. You will be asked to provide the date of the event – the AHRC does not investigate incidents that occurred more than twenty-four months after the complaint is lodged – and what happened. In your complaint, you can attach up to two supporting documents no longer than twenty pages if needed.

After your complaint is submitted, the AHRC will usually commence an inquiry to determine if they can assist you. During this inquiry, they will generally provide the respondent with a copy of your complaint and communicate with them about the incident to gather information for their inquiry. The AHRC may also ask you for further details during the inquiry process. On average, it can take up to nine months for a matter to be resolved or terminated by the AHRC.

IV. Complaint Termination

In most cases, the AHRC will launch an inquiry into a complaint to determine if it can be resolved through conciliation. Complaints may be terminated for a variety of reasons including a lack of compliance with the AHRC complaint process. Ensure that you provide the AHRC with your contact information, including a phone number if possible, so that they can talk to you if needed. Occasionally, the AHRC will terminate a complaint pre-inquiry if the complaint has already been raised with – or resolved by – another agency or if another agency is better suited to manage it. The President is also compelled to terminate any complaints deemed vexatious or trivial. Critically, if the AHRC does not believe your complaint can be resolved by conciliation, they will terminate your complaint. Termination means they will end any ongoing inquiry and will not open conciliation. The AHRC will generally explain to you why your complaint has been terminated, and they will provide you with a notice of termination.

Following notice of termination, you have sixty days to lodge an application with the Federal Court about the basis of your original complaint. You must include a copy of your AHRC complaint and a copy of the notice of termination with your court application. Filing a complaint with the Court incurs an application fee, though you may apply to be exempt from this fee through the Registry. Also consider the costs of legal representation and costs orders before making an application, as well as the length of time taken in court proceedings.

V. Conciliation

Following an inquiry, the President may move the complaint to conciliation, which involves an informal dispute resolution process between you and the other party. The President has the power to compel parties to attend conciliation. If needed, the Commission can arrange for an interpreter. Conciliation usually occurs in a face-to-face or telephone meeting between both parties and an AHRC conciliator. The conciliator will intermediate to ensure fairness for both parties but cannot determine a resolution or whether the RDA has been breached.

Although conciliation is the final step in the AHRC complaints process, it does not always achieve a resolution. If you and the other party do not agree on an outcome during conciliation, the President shall deem your complaint unresolved, and it shall be terminated. Even if you engage in conciliation, you can still lodge an application with the Federal Circuit Court if your complaint is terminated by the President. In most cases, conciliation proceedings are strictly confidential and what is said in conciliation cannot be used in court. 

Forms to be filled out

Fact Sheet (PDF)

Fact Sheet (Word)

You can make a complaint online here. Please note, At the time of writing, the online form is unavailable. AHRC Complaints update states: “Please note that due to a very large increase in complaints received by the Commission, there may be a significant delay in actioning complaints. The Commission will try to action complaints as soon as possible”.

Filling in a paper form

If you prefer, you can print off a complaint form, fill it in and post it to GPO Box 5218, Sydney NSW 2001 or fax it to (02) 9284 9611. 

AHRC Complaint Form (PDF)

AHRC Complaint Form (Word)

Alternatively, you can email your completed form to: [email protected]

The AHRC can also send you a complaint form and if necessary, they can help you to write down your complaint. 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 their National Information Service on 1300 656 419. 

You can also contact them 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

If you are lodging a complaint on behalf of another person, this person will need to provide authorisation for you to act on their behalf. They can do this by completing the attached Authority to Act form, which should be submitted together with the complaint form.

• Authority to Act.doc (to be completed electronically) 
  • Email to: [email protected]
    
    
• Authority to Act.pdf  (to be completed by hand)
  • Post to Director, Investigation and Conciliation Service, Australian Human Rights Commission, GPO Box 5218, Sydney NSW 2001 or fax it to (02) 9284 961.
    

Prepared by the Office of Senator Lidia Thorpe, last updated 23 May 2025.