Victorian Equal Opportunity and Human Rights Commission

What types of complaints can you make?

You can complain to VEOHRC if you believe you’ve been treated unfairly through:

• Discrimination: being treated unfairly because of who you are or a personal characteristic protected by law.
• Sexual harassment: unwanted sexual behaviour that makes you feel humiliated, unsafe, or offended.
• Vilification: hate speech or conduct that encourages contempt, ridicule, or violence towards someone because of their race or religion.
• Victimisation: being treated badly because you made a complaint, supported someone else, or stood up for your rights.

Areas covered:

The law protects you from discrimination in public life, including:

• Work and recruitment
• Education
• Goods, services and accommodation
• Sport and clubs

Protected characteristics:

You are protected from discrimination based on things like your:

• Identity: age, race, sex, gender identity, sexual orientation, religion, political belief, marital status
• Life circumstances: pregnancy, breastfeeding, parental or carer status, employment activity, union activity
• Physical features or health: disability, mental health, body shape or size, sex characteristics, spent convictions
• Other associations: being linked to someone with a protected attribute, or having an expunged homosexual conviction

Lawful exceptions:

Some limited exceptions apply. For example:

• Single-sex clubs or activities
• Competitive sport where strength, stamina or physique are relevant
• Religious organisations making decisions in line with their doctrine
• Positive action (“special measures”) to promote equality

Jurisdiction and scope:

• Complaints normally need to be about something that happened in Victoria.
• For racial or religious vilification, you can complain even if the incident was outside Victoria, as long as either you or the other person lives in Victoria.
• There’s no strict time limit, but complaints are harder to investigate if a long time has passed.

Exclusions:

VEOHRC cannot handle complaints that:

• Happen in purely private life (not covered by law)
• Are about Commonwealth bodies
• Should go to another forum (e.g. VCAT, Victorian Ombudsman)
• Relate only to crimes or consumer rights, not discrimination
• Involve human rights breaches under the Charter of Human Rights (these go to the Ombudsman)
• Fall within lawful exceptions (e.g. health and safety requirements, genuine job needs)

If your complaint is outside VEOHRC’s powers, they will explain why and direct you to the right body.

Who can you make a complaint against?

VEOHRC can take complaints about:

• Individuals: if they directly discriminated against you, harassed you, or vilified you in a public setting (like work, school, or a service).
• Employers: for unfair treatment during hiring, employment, or termination, or if they failed to prevent discrimination or harassment in the workplace.
• Managers or colleagues: if they personally engaged in unlawful conduct in the employment context.
• Service providers: such as shops, banks, public transport, government services, or healthcare, if you faced discrimination while using those services.
• Landlords and accommodation providers: including landlords, real estate agents, caravan park operators, or supported housing facilities, if they discriminated in renting or providing accommodation.
• Education providers: schools, universities, TAFEs, or childcare centres, if the unfair treatment happened during enrolment, teaching, or participation.
• Clubs and sporting organisations: sporting, social, or community clubs with more than 30 members, if they discriminated or failed to act on complaints.
• Government departments and officials: Victorian public sector agencies, local councils, or officers if discrimination or harassment occurred while providing services or carrying out duties.
• Professional or trade licensing bodies: such as regulators for builders, teachers, or real estate agents, if discrimination happened in licensing or registration processes.

VEOHRC cannot deal with complaints about:

• Commonwealth government bodies: such as Centrelink, Medicare, Immigration, or the ADF.
• Private individuals in a personal context: behaviour between family, friends, or housemates in purely private life, unless it crosses into a public area (like housing or work).

Are you eligible to make a complaint?

Who can complain?

• Anyone who has experienced discrimination in Victoria.
• Anyone who has experienced vilification, as long as at least one person involved (you or the other party) lives in Victoria.
• You can also make a complaint on behalf of someone else, but you will need their consent.

Key things to know before making a complaint:

• The process is voluntary: VEOHRC cannot force anyone to take part, and either party can withdraw at any time.
• VEOHRC is independent and neutral: it does not take sides, advocate for you, or represent you.
• VEOHRC is not a court or tribunal: it cannot make binding findings or order outcomes. Its role is to help both parties explore resolution.
• The process is confidential: what is said during the process usually cannot be used in later court or tribunal cases.

What can this body do to help?

VEOHRC’s main way of resolving complaints is through conciliation. This is a private, informal process where a trained conciliator helps you and the other person or organisation talk about what happened and try to find a solution.

The conciliator is independent and neutral. Their role is to:

• Help both sides understand the issues
• Explore possible outcomes
• Support you to reach an agreement that works for everyone

Conciliation can be run in different ways (over the phone, in writing, or in a meeting) depending on what suits the parties involved.

Possible outcomes:

If both sides agree, outcomes might include:

• An apology or statement of regret
• Financial compensation (for things like lost income, counselling, or distress)
• Changes to policies or practices (e.g. removing discriminatory rules, updating complaint procedures)
• Training for staff or individuals (e.g. equal opportunity or cultural awareness training)
• Reinstating a job, service, or rental
• A letter of reference or clarification for future employers
• A promise to stop the behaviour (e.g. ending harassment or no further contact)
• A review or reconsideration of a decision (e.g. a rejected job application)
• An explanation of what happened
• Internal or public acknowledgement (e.g. a statement committing to fair treatment)
• Keeping a record of the complaint to help improve future practices

If an agreement is reached, the complaint is finalised.

If no agreement is reached, VEOHRC will close the complaint, but you still have the right to apply to the Victorian Civil and Administrative Tribunal (VCAT) to seek a legal decision.

How to prepare your complaint:

When preparing your complaint, try to include the following:

• Your details: name and contact information. (You usually cannot complain anonymously.)
• Details of the other party: the name and contact information of the person or organisation you are complaining about.
• What happened: describe the main events in your own words, in a clear order. Include:
  • where the incident took place
  • who was involved
  • why you believe it happened (e.g. because of your race, sex, disability, etc.)
  • the area of public life (e.g. work, education, services, accommodation)
• What outcome you want: for example, an apology, financial compensation, changes to policy, or training.
• Supporting documents: while not required, it helps to provide any letters, emails, policies, or notes you kept.

Other important points:

• Complaints can be made in any language. VEOHRC can arrange a free interpreter or translator, including Auslan.
• VEOHRC can make adjustments to help you participate (e.g. language services or process supports).
• If you are unsure what to include, you can contact VEOHRC confidentially for advice or help to make your complaint.

Lodging your complaint and next steps:

Ways to lodge a complaint:

• Online form: VEOHRC complaint form
• Email: complaints@veohrc.vic.gov.au
• Post:
  Victorian Equal Opportunity and Human Rights Commission
  Level 3, 204 Lygon Street
  Carlton VIC 3053
• Phone: 1300 292 153 (Mon–Fri, 10am–2pm, excluding public holidays)
  • Calls are free for most mobile users (check with your provider).
• Interpreter service: Free interpreters, including Auslan, are available if you need one.

What happens next?

• Making a complaint online or by phone usually takes 15–30 minutes.
• VEOHRC may ask you for more information to assess your complaint.
• If your complaint is within VEOHRC’s powers, a conciliator will contact you to:
  • discuss the outcome you are seeking
  • notify the other party (respondent) and share a copy of your complaint (only your name, not your personal details)
  • invite them to take part in the process
  • help decide the best way to conciliate (phone, meeting, shuttle negotiation, or written exchange).

Conciliation:

• Most conciliations take about 2–3 hours, but the process is flexible.
• If you don’t want to face the other party directly, shuttle negotiation is available (the conciliator goes between parties separately).
• You don’t need a lawyer, but you can bring one. You can also bring a friend or family member for support.

Timeframes:

• Most complaints are resolved within six months.
• Urgent matters (e.g. someone about to lose their job) may be fast-tracked.

Limitations:

• VEOHRC does not investigate complaints or decide if the law has been broken.
• If you want a binding decision, you will need to apply to the Victorian Civil and Administrative Tribunal after the VEOHRC process.

Tips:

• Keep a copy of your complaint.
• Let VEOHRC know if your contact details change.
• Provide all relevant information at the start to avoid delays.

More information:

Refer to the factsheet provided below for more information.