Tasmania
Office of the Anti-Discrimination Commissioner (Tasmania)
The Office of the Anti-Discrimination Commissioner was established on 10 December 1999 (International Human Rights Day). The Commissioner has an independent statutory role to administer the Tasmanian Anti-Discrimination Act 1998.
In accordance with the Act the Commissioner has the following functions:
- to advise and make recommendations to the Minister of Justice on matters relating to discrimination and prohibited conduct
- to promote the recognition and approval of acceptable attitudes, acts and practices relating to discrimination and prohibited conduct
- to consult and inquire into discrimination and prohibited conduct and the effects of discrimination and prohibited conduct
- to disseminate information about discrimination and prohibited conduct and the effects of discrimination and prohibited conduct
- to undertake research and educational programs to promote attitudes, acts and practices against discrimination and prohibited conduct
- to prepare and publish guidelines for the avoidance of attitudes, acts and practices relating to discrimination and prohibited conduct
- to examine any legislation and report to the Minister as to whether it is discriminatory or not, and
- to investigate and seek to conciliate complaints of discrimination and prohibited conduct.
For more information go to the Office of the Anti-Discrimination Commissioner website.
Making a complaint in Tasmania
If you are considering lodging a complaint of discrimination or prohibited conduct you may wish to contact us to make an appointment with an Investigation and Conciliation Officer for free procedural advice prior to lodgment of the complaint.
What is discrimination?
Discrimination is unlawful treatment that occurs when someone is treated less favourably or disadvantaged on the basis of any attribute, in connection with an area of activity, covered by the Anti-Discrimination Act 1998.
Direct discrimination can take place if a person treats another person on the basis of any prescribed attribute under the Act less favourably than a person who does not share that attribute or characteristic.
Indirect discrimination can take place if a person/organisation imposes a condition, requirement or practice that is unreasonable and has the effect of disadvantaging a member of a group of people who share, or are believed to share, a prescribed attribute, more than a person who is not a member of that group.
For more information please visit the Office of the Anti-Discrimination Commissioner website page on direct and indirect discrimination.
Discrimination on the ground of any of the following attributes or identities is unlawful under the Tasmanian Anti-Discrimination Act 1998:
- age
- breastfeeding
- disability
- family responsibilities
- gender/sex
- industrial activity
- irrelevant criminal record
- irrelevant medical record
- lawful sexual activity
- marital status
- relationship status
- parental status
- political activity
- political belief or affiliation
- pregnancy
- race
- religious activity
- religious belief or affiliation
- sexual orientation/transsexuality
- association with a person who has, or is believed to have, any of these attributes or identities in any of the following areas of activity:
- employment - this includes paid or unpaid, casual, permanent or temporary employment.
- education and training - at schools, colleges, universities or other educational institutions where education and training is provided.
- provision of facilities, goods and services - this includes access and use of public places, transportation and travel and private or government service providers
- accommodation - this includes residential housing and business accommodation ie. rental property, hotel, motel, boarding house or caravan.
- membership and activities of clubs - being a member of a club and participating in activities associated with the club.
- administration of any law of State or any State program on any ground specified under section 16(e), (f), (fa), (g), (h), (i) or (j) - (gender/sex, marital status, relationship status, pregnancy, breastfeeding, parental status or family responsibilities), and
- awards, enterprise agreements or industrial agreements on any ground specified in section 16(e), (f), (fa), (g), (h), (i) or (j).
Your complaint of discrimination may also include prohibited conduct or a complaint of prohibited conduct can be made independently.
Prohibited conduct includes:
- any conduct which offends, humiliates, intimidates, insults or ridicules another person on the basis of gender, marital status, relationship status, pregnancy, breastfeeding, parental status, family responsibilities in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated, intimidated, insulted or ridiculed;
- sexual harassment;
- victimisation (in relation to complaints);
- inciting hatred (by public act) - on the grounds of race, disability, sexual orientation, lawful sexual activity, religious belief or affiliation, or religious activity;
- publishing, displaying or advertising matter that promotes, expresses or depicts discrimination or prohibited conduct; and
- aiding contravention of the Act.
Who may lodge a complaint?
The Tasmanian Anti-Discrimination Act 1998 states that the following persons may make a complaint of discrimination and prohibited conduct:
- a person who believes s/he has been discriminated against
- a person on behalf of another person
- a person on behalf of a class of persons if the Commissioner is satisfied that a majority of those members are likely to consent
- a trade union on behalf of a member
- a trade union on behalf of a class of members if the Commissioner is satisfied that a majority of those members are likely to consent
- an organisation if the Commissioner is satisfied that a majority of those members are likely to consent, or
- an agent of any of the above.
Is there a time limit?
A complaint is to be made within 12 months of the alleged discrimination or prohibited conduct taking place.
If the conduct happened more than 12 months ago, the Commissioner may not be able to help unless there are good reasons for the delay in making a complaint.
If you have any questions or doubts about timing, please talk with an enquiry officer before lodging your complaint.
For more information see the Complaints page on the Office of the Anti-Discrimination Commissioner website.
Contact Us
If you have any questions about discrimination, harassment or any other prohibited conduct covered by the Act you can contact us by filling out our online Enquiry_Form. An Enquiry Officer will get back in touch with you as soon as possible to answer your enquiry.
If you do not wish to lodge a formal complaint you may wish to report an incident of discrimination, harassment or inciting hatred using the Incident Report Form. The Form can be completed online, printed out or collected from our office.
Office address: Level 1, 54 Victoria St, Hobart Tasmania 7000
Telephone: (03) 6233 4841 or 1300 305 062 (local call)
Fax: (03) 6233 5333
TTY: (03) 6233 3122
Website: www.antidiscrimination.tas.gov.au