What remedies and dispute resolution measures are available to resolve discrimination matters?

This guidance note provides expert analysis of the complex remedies and dispute resolution measures available under Australian federal, state, and territory anti-discrimination laws. Practitioners must understand the procedural nuances and jurisdictional variations critical to effectively managing discrimination complaints.

Topics Covered

• Dispute resolution measures under Federal anti-discrimination legislation
• Handling discrimination under state and territory legislation
• Comparative table for processes in Commonwealth, State and Territory jurisdictions
• Essential complaint forms and filing procedures
• Precedents and practical litigation tips

Essential Insights

• Assess the critical impact of statutory time limits and discretionary grounds for complaint termination.
• Understand the distinct roles of anti-discrimination commissions versus tribunals and courts.
• Evaluate strategic considerations in choosing jurisdiction to maximise available remedies.
• Recognise key procedural steps in lodging, investigating, conciliation, and escalation stages.
• Consider how federal and state laws intersect with Fair Work Act general protections claims.
• Identify potential risks of dismissal and learn when judicial intervention becomes necessary.