How we handle complaints

Certain types of discrimination are against the law in specific areas of public life in New South Wales. Sexual harassment, vilification and victimisation are also against the law. If you have experienced a type of discrimination, sexual harassment, vilification or victimisation covered by the law, you can make a complaint to us.

Access our complaint forms.

Resolving your own complaint

If it is appropriate, you could first try to talk to the person or organisation that you feel has discriminated against you. You could also seek assistance to do this, such as through your union or a group of people in your situation. You can also ask the organisation if they have an internal complaint process where you can make your complaint. If you are not satisfied with this process, or you don’t want to deal with them direct, you can contact us.

What we can do

We handle complaints of discrimination covered by the Anti-Discrimination Act 1977. If you make a complaint to us, we will try to assist you and the other party find a way of resolving the matter according to the law. If you make a complaint to us, you will need to be involved in the process.

If the allegations in your complaint appear to be covered by the Act, we will conduct an impartial and confidential investigation. 

What we do with your complaint

When you lodge a complaint with Anti-Discrimination NSW, you are starting a legal process.

Anti-Discrimination NSW is impartial. We do not advocate for either party and we cannot provide legal advice. It is your responsibility to provide clear and detailed information about the alleged discrimination.

Our procedures are guided by legislation, and while we can consider reasonable adjustments to support accessibility, we cannot alter the legal process to suit individual preferences.

We will contact you by phone or email within 28 days of receiving your complaint. It usually takes three to four months to assign your complaint to a conciliation officer.

When we talk to you, we might ask for any other information we need, and we will discuss how we will handle your complaint.

We will send the respondent a copy of your complaint and any information you have provided, along with a letter from us explaining the law. The respondent will then have a chance to provide a response.

If this doesn't resolve the situation:

  • We might have further discussions by phone, email or letter. 
  • We may hold a meeting between you and the respondent – this is called a conciliation conference. Not all complaints proceed to a conciliation conference.
  • We might decline the complaint if it is not covered by the Act.
  • You may decide to withdraw your complaint.
  • We may discontinue your complaint if you don’t respond to our phone calls or emails within timeframes specified by the Act.

If your complaint is not resolved, it may be referred to the NSW Civil and Administrative Tribunal.

Anti-Discrimination NSW does not make a determination about whether discrimination has occurred or not, and we do not have any powers to impose penalties or make orders to resolve a complaint.

To learn more about our complaints process, read our complaint case studies or view our complaint process flowchart

Victimising you for making a complaint is unlawful

It is against the law for anyone to treat you unfairly because you have made (or plan to make) a complaint of discrimination or because you have provided information or evidence about a complaint. This is called victimisation.

If you feel like you are being victimised, you should immediately talk to one of our officers.

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