Protection against discrimination extends to both direct discrimination and indirect discrimination.

Direct discrimination 

Direct discrimination under the Discrimination Act 1991 (ACT) arises if a person or organisation “treats, or proposes to treat, another person unfavourably because the other person has 1 or more protected attributes.” S. 8(1)

For example, if you are not allowed to enter a shop because you have a guide dog due to your disability. This is direct discrimination because of a protected attribute of having a disability that requires a guide dog.

Indirect Discrimination 

Indirect discrimination arises if a person or organisation:

• “imposes, or proposes to impose, a condition or requirement that has, or is likely to have, the effect of disadvantaging the other person because the other person has 1 or more protected attributes.” s. 8(2)
• “a condition or requirement does not give rise to indirect discrimination if it is reasonable in the circumstances” s. 8(3)

For example, if, in order to pass a university course, every student was required to run 100m, but because you have a broken foot, you are unable to do so. This would be indirect discrimination because everyone is treated the same way, and there was no reasonable adjustment made to accommodate your broken foot (a disability) to allow you to pass the course; and the rule has greater adverse impact on people unable to run.

Protected Attributes

It is against the law for someone to discriminate against a person because of:

• accommodation status
• age — child, young person, older or any other age
• breastfeeding
• disability — including physical, sensory, intellectual disability, medical condition or illness, mental illness or psychiatric disability, work related injury
• employment status — including being a probationer, apprentice, contractor, employed full time or part time being; or have been, subject to domestic or family violence; family, career or kinship responsibilities
• gender identity
• genetic information
• immigration status
• industrial activity
• irrelevant criminal record — including charges and convictions
• physical features — including stature, weight, scars
• political conviction
• pregnancy including potential pregnancy and accessing IVF
• profession, trade, occupation or calling — including a profession you are or have been employed in
• race — including colour, ethnic or national origin
• relationship status
• religious conviction — which includes having no religious conviction
• sex
• sex characteristics
• sexuality
• your association with a person who has an attribute listed above

Protected Areas

Discrimination is only unlawful if it happens in certain areas of life. Areas in which you are protected from discrimination are:

• Employment
• Education
• Access to premises
• Provision of accommodation
• Membership of a club
• Employment agencies
• Provision of goods, services and facilities
• Professional or trade organisations
• Qualifying bodies

We can advise you on any concerns that you have about potential discrimination against you. Book in through our booking page or call the ANUSA office. You can also seek help from the following agencies.

For Internal Complaints about the University

A complaint might be made to the Vice Chancellor, college dean or head of hall, and Dean of Students depending on the context.

Making an ACT Human Rights Commission Complaint

Using the human rights mechanisms is a straightforward process.

A complaint can be made online at either:

• ACT Human Rights Commission (for complaints of events that happen in the ACT, including ANU occupancy agreements)
• Federal Human Rights Commission (for complaints against Federal Departments)

We can help review your application before you submit it to the Commission.

The commission will try to conciliate the complaint and reach an agreed outcome

Making a complaint to the Federal Human Rights Commission

Sometimes it can be useful for a complaint to be made to the Federal Australian Human Rights Commission which also has jurisdiction in areas such as sex, race, disability and age discrimination. We can advise you on whether lodging a complaint with the Federal Human Rights Commission might be a good course of action.

There are protections in place under the Discrimination Act 1991 (ACT) which prevents another person from retaliating against individuals who make complaints using proper mechanisms.

Victimisation refers to unfair treatment that occurs as a result of an individual making a complaint or participating in a process related to their rights.

Victimisation can look like:

• Retaliation
• Dismissing, demoting, or suspending you in the workplace
• Breaching your privacy by publishing information about you or about a complaint you made without your consent
• Or withdrawing a service because you made a complaint.

Individuals are protected from victimisation under various laws and policies designed to promote a safe and fair environment. If you believe you are being victimised, do not be afraid to reach out for legal assistance at ANUSA Legal Service to know more about what you can do to protect yourself, or seek support from the ANU Student Safety and Wellbeing team.

Vilification (that is abusive language about people having a protected attribute) can be unlawful under ACT law. The Federal Discrimination Act makes it unlawful to engage in speech which offends, insults, humiliates, or intimidates another person, and that act is done because of the racial background of someone.