- ACAT's rules, see:
- part 3.7, referral of discrimination complaints and
- chapter 2, general rules.
A discrimination complaint is a complaint of discrimination under the Discrimination Act 1991.
ACAT can only decide discrimination complaints referred by the ACT Human Rights Commission (the Commission).
If you think you have been discriminated against unlawfully, the first step is to make a complaint to the Commission.
Before a discrimination case can come to ACAT, it must be considered by the Commission under their complaints process.
The Commission may:
If the complaint is not resolved and is closed by the Commission, the person making the complaint can ask for the complaint to be referred to ACAT.
If the complaint is resolved by conciliation at the Commission, the Commission will:
ACAT keeps a register of conciliation agreements (received from the Commission).
If you are a party to a conciliation agreement, you can ask ACAT for orders to give effect to the agreement. To do this, fill in and lodge an online application for interim or other orders form or printable application for interim or other orders form [PDF 56KB] and tell us:
You have 60 days after a complaint is closed to ask the ACT Human Rights Commission to refer the complaint to ACAT.
If the Commission receives a request to refer a complaint, they will:
In exceptional cases, ACAT may accept a referral later than 60 days. You need to complete and lodge a late application for discrimination commission complaint to be heard form [PDF 104KB].
ACAT may grant the application only if it is satisfied on reasonable grounds that exceptional circumstances prevented the complainant from requesting that the complaint be referred within the 60 day period. ACAT will also ask the person complained about for their view. ACAT may hold a short hearing to decide whether to grant the application.
The Commission can refer a matter or complaint to ACAT on its own initiative when it involves an unlawful act under the Discrimination Act 1991.
If the Commission prepares a report in relation to a Commission-initiated discrimination matter, they can refer the matter to ACAT within 60 days after the report has been prepared.
On referral to ACAT, the Commission must give written notice of the the referral to the person complained about. The Commission is the complainant for these types of referrals.
There is no ACAT fee for a referral of a discrimination complaint to ACAT.
No subpoena fees or hearing fees are payable for a discrimination matter.
Generally each party bears their own costs. There are some circumstances where costs and expenses may be awarded.
If you are asking for urgent orders, fill in the online application for interim or other orders form or printable application for interim or other orders form [PDF 56KB]. You will need to set out what orders you are requesting and why. It is important that you give as many details as possible when making a request for urgent orders. You can attach an extra page to the form if you need more space.
ACAT will give a copy of your application to any other parties and seek their views. ACAT may then either make the orders in chambers (without a hearing) or schedule the case for a short hearing as soon as possible.
When a referral is received, ACAT will write to the parties. We will:
Within 7 days, the parties must fill in and lodge a notice of new contact or representation details form [PDF 67KB]. You must give a copy of this to the other party (or parties) in the case.
Usually, you will then need to attend ACAT for a directions hearing. Directions will be made to prepare the case for hearing. These directions will set out what the parties are required to do and when. This usually includes collating, preparing and giving (to ACAT and the other party) your supporting documents. Find out how to prepare for the directions hearing [DOC 57KB].
Directions are typically made for one ‘stage’ of preparation, and the matter is scheduled for a further directions hearing to check that stage is completed before directions to do the next stage are made.
Before the first directions hearing, the complainant (applicant) should think about:
If you are the respondent, you should think about:
We recommend the parties get legal advice before the first directions hearing. Discrimination law can be complicated.
ACAT staff can provide procedural advice, but cannot give you legal advice.
You can be represented by a lawyer when you come to ACAT, but it is not necessary and generally, ACAT cannot make orders about payment of legal costs. You can also be represented by someone other than a lawyer if that person is authorised. Any authorisation should be provided to ACAT before the person starts to represent you.
The names of parties to a discrimination matter do not appear on the public hearing list, but are otherwise publicly available.
If you want your name de-identified, you will need to apply for a non-disclosure or non-publication order (see our information about public hearings and confidentiality).
Even after a referral has been made, it is a good idea to continue to see if an agreement can be reached.
At the first directions hearing, an ACAT Member will discuss if mediation or a conference should be scheduled. You can tell the ACAT Member if you have tried to resolve the matter through conciliation at the Human Rights Commission.
If the case does not resolve, the parties will need to prepare for a hearing. Usually you will be required to provide to ACAT and all parties a copy of your supporting documents.
A final directions hearing will be held about a week prior to a hearing.
At the hearing ACAT will decide whether unlawful discrimination occurred. The Discrimination Act 1991 sets out protected attributes, the areas or activities in which it is unlawful to discriminate and the exceptions that may apply. The Human Rights Commission Act 2005 sets out the orders ACAT can make.
If ACAT is satisfied that the person complained about engaged in an unlawful act, ACAT can make orders which can include that the respondent:
At the end of the hearing, you will be told if an ACAT Member can deliver a decision immediately, or if the decision will be reserved and given later.
If the decision is reserved, you will be told when it is available. Often decisions are delivered in writing, however, it may be appropriate for ACAT to convene at a later time to deliver the decision verbally. The decision is binding on the parties.
If you think ACAT made an error when it decided the application, you may apply to appeal within 28 days of the decision.