Making a Complaint

MAKING A COMPLAINT

index
			Background What discrimination is illegal? What questions are illegal to ask? What sexual harassment is illegal? What vilification is illegal? What victimisation is illegal? Who is responsible? What can I do about illegal discrimination, sexual harassment or public vilification? How do I complain to the Commission? What happens next? What else do I need to know?

The Anti-Discrimination Act 1991 (the Act) makes it illegal to discriminate against, ask unnecessary questions of, sexually harass, publicly vilify and victimise people in certain circumstances.

You have the right to complain if any of these things has happened to you. Contact the Anti-Discrimination Commission, Queensland about making a complaint.

What discrimination is illegal?

Discrimination happens when you are treated worse than others in a similar situation. NOT all discrimination is illegal.

Grounds

For you to complain to us, the worse treatment must have happened BECAUSE OF your or your presumed:

sex
sexuality
gender identity
lawful sexual activity as a sex worker
relationship status
parental status
family responsibilities
pregnancy
breastfeeding
age
race
impairment
religious belief, non-belief or activity
trade union activity
political belief or activity or
association with a person identified by one of the above grounds

Areas

You ALSO need to show that the worse treatment happened when you were:

at work, applying for a job, doing work experience or volunteer work
obtaining goods or services (eg. at a shop, café,pub, bank, doctor, taxi or car yard)
accessing premises or facilities
obtaining State Government or Local Councils services
at school, TAFE college, university or other place of education
renting or getting other accommodation
applying for insurance or superannuation
buying real estate
joining or as a member of a club (non-profit clubs like bowls clubs are NOT covered but night clubs are)
a member of a local council

So,if you have been treated worse than others, on a ground and in an area above, you can lodge a complaint with us.

What questions are illegal to ask?

Asking you for unnecessary information which could be used to discriminate against you is illegal unless the information is really needed for a good reason that is not discriminatory.

So, if you were asked a personal question about one of the grounds covered by the Act when you were applying for a job or in one of the other areas covered by the Act, you can lodge a complaint with us.

What sexual harassment is illegal?

Sexual harassment happens when you to feel harassed (offended, humiliated or intimidated) by unwelcome sexual behaviour in circumstances where a reasonable person would anticipate that you may feel harassed. Sexual harassment is illegal no matter where it happens.

So, if you were sexually harassed, you can lodge a complaint with us.

What vilification is illegal?

Vilification is illegal when it happens in public and it encourages others to threaten, hate, abuse or strongly react against you or a group of people, because of your:

race
religion
sexuality or
gender identity

So, if you have been publicly vilified because of one of the grounds above, you can lodge a complaint with us. If you, your family or property has been threatened in public, you should also complain to the police.

What victimisation is illegal?

If you were treated badly because you were a witness, or complained or responded to a complaint about discrimination, sexual harassment, public vilification or being asked unnecessary questions under the Act, you can make a complaint to us.

Who is responsible?

The individual who discriminated, asked unnecessary questions, sexually harassed, publicly vilified, or victimised you, is responsible for their own behaviour. If they did it while at work, their employer is also responsible, unless they took reasonable steps to prevent the behaviour.

Anyone who encouraged or requested the behaviour is also responsible.

What can I do about illegal discrimination, sexual harassment or public vilification?

You can make a complaint to us at the Anti-Discrimination Commission, Queensland. The Human Rights and Equal Opportunity Commission (HREOC) and the Industrial Relations Commission can also deal with some discrimination and harassment complaints.

Where you complain first is very important because you may lose your right to later complain to another organisation. If you want to know where to take your complaint, phone us for information or get legal advice.

How do I complain to the Anti-Discrimination Commission, Queensland?

If you want us to help resolve your complaint:-

Send us your complaint in writing - in a letter or on a complaint form available from our offices or website (www.adcq.qld.gov.au )
Give us full details of your complaint - where did it happen,when did it happen, what happened, what reason was given for the behaviour, what did you do, were others treated better or worse
Tell us why you think you were badly treated (the grounds)
Tell us what you were doing when you were badly treated (the areas)
Keep in mind that the complaint will be sent to those you are complaining about
Complain within 1 year or explain why you didn't complain sooner
Sign and date the complaint
Give us your name and phone number
Give us an address for service where you can be easily reached - this address will be given to all the respondents and any other complainants. If you want to keep your home address private, use a PO Box, the address of an organisation, a lawyer or other reliable person
Tell us if you would prefer contact by email or fax and give your details
Give us the name, address and phone number of everyone you are complaining about - if they were at work, who do they work for.

What happens next?

We will check your complaint. If it comes under the Act,we will accept it. This does not mean we have decided that it did happen.
We will send you (the complainant) any responses we get to your complaint so that you can see if you are satisfied with the response.
If we accept your complaint, we will send your complaint to all those you are complaining about (the respondents) and give them 28 days to respond in writing.
We will call a compulsory meeting (conciliation conference) to talk about your complaint and help everyone reach an agreement.You must attend the conference.
If there is an agreement, we will write it down and have everyone sign it so it is binding.
If there is no agreement, we will ask if you want to have your complaint decided by the Anti-Discrimination Tribunal.

What else do I need to know?

There are no fees for our services.

If you need legal or other advice about your complaint, we can suggest where to go for help. We cannot give you advice or run your complaint for you.

We may investigate the complaint but we will not take sides.

We will try to help everyone reach an agreement but will not decide for you.

You should keep this complaint confidential and only tell your legal advisers and those who are helping with your complaint.

You can withdraw your complaint at any time.

For more information you can call us, read our brochures, check our website, or contact our library. We also run information sessions and training.

This page is also available in Word format.

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