Tips for writing a complaint

Here are some tips for writing a complaint. These may also be useful if you are using the complaint form

A complaint letter needs to be addressed to the President of Anti-Discrimination NSW.

Please do not include:

  • large files or documents
  • photographs
  • audio or video files.

We will let you know if we need any additional documents or materials from you.

You should include the following information:

Names of the people involved

  • Your name, address, email address and telephone number.
  • The name, address and telephone number of the person/organisation you wish to complain about. If you are complaining about a particular person in a company or organisation, also tell us their position, work address and phone number (if you can).
  • Who was involved and if you can, their names, positions, and work addresses. If the events happened at work, we need to know:
    • your position or job
    • the correct name and address of your employer (you can get this from your pay slip or pay office, or from the Australian Taxation Office)
    •  the name and position of your supervisor or manager
    •  how long you have been employed there
    • if there are six or more employees working for your employer.

Information about the incident

  • What happened and what you did about it at the time. Include the name and position or job title of any person you reported the alleged discrimination to, such as your manager, co-worker, HR officer or your union if you are a member.
  • Where it happened. Was it your workplace, registered club, trade union, rented accommodation, shop, service or public place?
  • When it happened. As closely as you can remember – the day, month, year of each time you were treated less favourably.

Please note that the President can decline to accept a complaint if the events happened more than 12 months ago. 

The type of discrimination

  • The kind of discrimination you think it is:
    •  disability (includes infectious diseases), race, sex (includes pregnancy and breastfeeding), age, carers, homosexual, transgender, or marital or domestic status discrimination
    •  sexual harassment
    • racial, religious, homosexual, transgender or HIV/AIDS vilification.
  • Why you think you were discriminated against, including any evidence you have to support this. For example:
    • a copy of any poster, notice, letter, or anything else you feel shows discrimination
    • a copy of anything that shows how someone else in a similar position to you has been treated differently to the way you were treated
    • anything else that supports what you say, such as emails or letters.

Your proposed resolution

  • How you would like the problem to be resolved. If possible, include what you would like to sort out the complaint. This is called a settlement proposal. This will help us to decide how to deal with your complaint. Because we are impartial, we are unable to help you decide on a settlement proposal. 
  • If you are unable to decide on a settlement proposal, you should seek independent legal advice from your own lawyer or a community legal centre. 
  • You can ask for any reasonable solution, such as:
    •  getting your job back – or a transfer, promotion, or extra training at work
    • getting whatever you were previously refused – for example, accommodation, a loan if you applied for one, admission to a course, and so on
    • an apology
    • changes to policies and procedures to make sure the discrimination does not happen again to anyone else, for example introducing an equal opportunity policy in the workplace
    • education programs in the workplace or organisation involved, so that everyone there, including managers, knows what discrimination is, how to prevent it, and what to do if it happens to them or to anyone else
    • compensation (money) paid for any money you have lost (such as wages), or for damages or hurt feelings
    • a donation to a charity of your choice
    • anything else that might need to be done to make up for the unlawful discrimination

Help with drafting your complaint

Anti-Discrimination NSW cannot write a complaint for you. However, we can provide information about the type of details to include.

If you are making a discrimination complaint to Anti-Discrimination NSW, it is important to explain how the conduct you experienced may relate to the Anti-Discrimination Act 1977 (NSW).

If you need help with your complaint, an advocate, family member or friend can help you write it. Anti-Discrimination NSW will involve you in the complaint process unless you are unable to participate.

For information about using artificial intelligence (AI) tools to prepare a complaint statement, please see our page Using AI tools to write a complaint.

Before lodging a complaint, you may wish to seek legal advice. This can help you understand whether your complaint is covered by the Anti-Discrimination Act 1977 (NSW) and can be handled by Anti-Discrimination NSW. We do not administer Commonwealth anti-discrimination laws and cannot investigate matters such as corruption, fraud or general human rights concerns.

Using information from other complaints or legal matters

Documents prepared for other complaint processes or legal proceedings, such as NCAT matters, may not contain the information needed for us to assess a discrimination complaint. If you provide documents from another process, we may ask you to submit a separate complaint that outlines your discrimination complaint in your own words.

Examples of simple complaint statements

The examples below show the type of information to include when preparing your complaint.

Discrimination

In NSW, unlawful discrimination is when you are treated less favourably than somebody else because of a ground or characteristic that is covered by the Anti-Discrimination Act 1977 (NSW).

Disability discrimination in employment

What happened?

I have a chronic back injury which means I can’t sit for long periods of time. I have a desk job at a government department which requires me to work on documents most of the time.

I asked my employer (in an email) if I can take 10-minute breaks every hour to walk around the office. I have a medical report which states that this is the best way to manage my condition.

I also need to see a physiotherapist regularly. I asked if I could start work late one morning per week (I can usually get in by 10.30am). My manager and other team members regularly schedule work meetings for first thing in the morning despite knowing this and me requesting this.

My manager says that I can’t take breaks and attending work between 9-5pm is part of my job and my physio appointments can’t be accommodated indefinitely every week.

When did this happen?

This has been happening for the past 6 months, and I am finding it hard to cope.
From 12 December to 22 June <insert year>.

Why do you think this is disability discrimination?

My employer hasn’t accommodated my disability even though I have medical report to support the changes I need to be able to do my job, and there is no reason why the team meetings can’t be rescheduled when I need to attend an appointment.

Race discrimination in goods and services

What happened?

I am of African background. I was shopping at my local supermarket in a regional area where there are not many black residents. I noticed a staff member following me as I shopped.

When I went to the self-checkout, the staff member followed me there, stood over me and watched me scan all my items. It was very busy and he was the only staff member on duty at the self-service check outs.

Another customer called out for assistance, but he didn’t leave my side and followed me to the shop exit. He asked me to open my bag and show my receipt. He didn’t ask any other shopper to do this.

When did this happen?

This happened last week on 15 May <insert year>.

Why do you think this is race discrimination?

I was the only black person in the shop and the only person who was targeted by the shop assistant and the only one whose bag was inspected.

Sex discrimination in employment

What happened?

I applied for a job as a mechanic at a garage. I am a qualified mechanic and have a good work history.

My name is Dale so employers don’t necessarily know I’m female when I send my CV.

I went to the interview and I was asked questions such as do I mind getting covered in grease and do I have any difficulty listing heavy tools?

I was also asked if I was planning a family.

When did it happen?

The job was advertised online on 23 March <insert year> and I had an interview on 30 March <insert year>.

I received a phone call on 31 March <insert year> to say I didn’t get the job because there was a better applicant.

Why do you think this is sex discrimination?

I didn’t get the job. I think this is because I’m female and all the other mechanics are male.

Victimisation

Victimisation is when a person experiences some sort of harm (or detriment) because they have made (or plan to make) a discrimination complaint or because they have provided information or evidence about a complaint under the Anti-Discrimination Act 1977 (NSW).

Victimisation

What happened?

I complained to my manager that I was receiving fewer shifts as a disability worker since I told her I was pregnant. My manager said this was not the case, but I noticed that it continued.

I went to her manager and complained again and said I would “take it further” and complain of discrimination to the manager’s manager.

After that I stopped getting any shifts and was told I wasn’t a good worker and if my performance didn’t improve, I’d be sacked.

When did it happen?

I complained about my shifts in March this year and the manager emailed me in April and told me I’d be sacked last week on 18 May <insert year>.

Why do you think this is victimisation

No one had ever raised any performance issues with me until after I’d said I thought I was getting fewer shifts because I’m pregnant.

Vilification

Vilification is a public act that could incite hatred, serious contempt or severe ridicule towards a person or group because of their race, homosexuality, religion (or lack of religion) transgender status, or having HIV or AIDS.

Homosexual vilification

What happened?

I work on a building site. There are several guys there who don’t like me and make fun of me because I’m gay.

They exclude me and have called me “fairy” and “poofter” followed by them laughing and throwing food over me.

They say this is an initiation because I’m only 17. They didn’t do this to my mate who isn’t gay.

When did this happen?

It started in April <insert year> and has been continuing. I’m going to quit because I’m constantly anxious and can’t sleep.

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