Age Discrimination

AGE DISCRIMINATION

What is age discrimination?
When and where can discrimination happen?
What can I do about it?
How do I make a complaint?
What happens to my complaint?
What else do I need to know?

What is age discrimination?

Age discrimination is being treated unfairly because of how old you are. It may be unlawful depending on the circumstances.

Examples:

You are not selected for a training course at work because you are close to 'retiring age'.

You’re told you can’t rent a flat because 'young people always wreck them.'

The law that prohibits discrimination on the basis of age is the Queensland Anti-Discrimination Act 1991.

When and where can discrimination happen?

Unlawful discrimination on the basis of age can happen at work, school or college, in a shop or a restaurant, looking for accommodation, buying property, applying for credit, insurance or a loan, or dealing with tradespeople, businesses or state or local government.

What can I do about it?

You could talk to the person or people involved. Tell them you object to what they are doing, and ask them to stop. Often, this is enough.

If the behaviour happened at work, ask your manager, union representative or contact officer what you might do. If your workplace has a process for dealing with complaints, you could lodge a complaint with your employer.

You could also phone or visit one of our offices. Our staff can give you information about the law and explain how complaints are handled.

How do I make a complaint?

Write down the details of what happened to you in a letter, get a complaint form from our website (www.adcq.qld.gov.au) or call one of our offices for a form.

Include:

your name, address for service and phone number
a description of what happened, when and where
who your complaint is about and their contact details and
any other useful information.

Your complaint must be lodged with the Commission within twelve months of the discrimination happening.

The Commission’s service is free. However, you may have to pay for any legal or other advice you decide to get.

Your complaint can be in any language as we will use translators if we need to.

What happens to my complaint?

Your complaint will be assessed to see if the conduct you describe may be illegal. If so, we will arrange a meeting with both you and the person or people you’ve complained about to discuss the issues and try to come to some agreement. The Commission will not take sides or represent anyone.

If you can’t agree, the complaint may be referred to the Queensland Civil and Administrative Tribunal, which will hold a public hearing and make a decision based on the evidence.

What else do I need to know?

The Commission runs information sessions and training courses about anti-discrimination law. We also have brochures on a range of discrimination issues.

There is a federal Age Discrimination Act 2004, which is administered by the Australian Human Rights Commission, phone 1300 656 419. (This link will take you to another website.)

This information is a guide only and is not a substitute for legal advice. For more information contact the Commission on 1300 130 670 statewide or TTY 1300 130 680 statewide.