This fact sheet answers some common questions trans and gender diverse young people, and their families, have about discrimination and their rights.
If you are experiencing discrimination because of your gender, you can get help. By reading this resource you will get a better understanding of the different approaches you can take in New South Wales to making a complaint or taking legal action.
This fact sheet includes:
Download fact sheet
Generally speaking, discrimination means treating (or proposing to treat) someone unfairly or less favourably than others because of one or more of their personal characteristics.
Discrimination is only against the law when it happens in an area of public life, such as in schools, shops and workplaces. This doesn’t mean discrimination experienced in private settings isn’t just as hurtful or dangerous.
There are two recognised forms of discrimination under the law in Australia:
Transphobia is a term that describes a range of irrational fears, negative attitudes and unreasonable feelings that a person may feel towards another person or a group of people due to their transgender, gender questioning or gender diverse status, identity and/or expression.
Unfortunately, this phobia can lead people to discriminate against, stereotype, ostracise, harass or even act with violence towards others, simply because they are different to them. This is wrong.
All people deserve to be treated equally and with respect. All people have the same human rights regardless of their sexual orientation or gender identity.
There are different things you can do, depending on the type of discrimination and where it occurs.
If you are being discriminated against in your or someone else’s home, or in another private setting, talk to someone you trust (like a family member, friend, teacher or counsellor) about how you can get help to manage the situation and make it stop.
Sometimes when you ask someone to stop treating you badly, they will stop. You might want to do this with the help and support of a parent or another trusted person in your life.
You can take action by making a complaint to one of the national or state/territory anti-discrimination bodies.
Think carefully before choosing your course of action
You can only make a complaint at a federal OR state level – not both. You will need to decide on one approach or the other. It might help to get advice from a lawyer about what is most appropriate in your circumstances. See how you can get help below.
Under the Sex Discrimination Act 1984 (Cth), discrimination on the basis of a person’s sexual orientation, gender identity and intersex status is against the law.
If you want to take action under federal law, you can make a complaint to the Australian Human Rights Commission (AHRC). If the discrimination occurred at work, you can also make a complaint to the Australian Fair Work Commission.
Where does the discrimination need to have occurred?
You are protected by law from discrimination you may experience due to your gender identity across every state and territory in Australia in many areas of public life, including:
You will need to submit a complaint in writing to the AHRC, or get help from a lawyer or advocate to make the written complaint for you.
What happens next?
If you believe you have experienced discrimination at your place of employment, or in the process of seeking employment, it may also be possible for you to submit a workplace discrimination complaint to the Australian Fair Work Commission under the Fair Work Act 2009 (Cth).
What happens next?
The Fair Work Ombudsman will investigate your complaint and decide whether it is necessary to take disciplinary action against the person or organisation who is the subject of the complaint.
Each state and territory in Australia has equal opportunity and anti-discrimination laws. Complaints in relation to gender identity discrimination can be made to state and territory anti-discrimination agencies and commissions, which must investigate discrimination claims under these laws.
In New South Wales, you can make a complaint if you have been discriminated against on the basis of gender identity under the Anti-Discrimination Act 1977 (NSW) to the NSW Anti-Discrimination Board (Board).
Where does the discrimination need to have occurred?
You are protected by law from discrimination you may experience due to your gender identity across New South Wales in:
You will need to submit a complaint in writing to the Board, or get help from a lawyer or advocate to make the written complaint for you. This should be lodged within 12 months of the incident of discrimination
What happens next?