FAQ

We often get asked questions about what we do, how we can help and for information about disability discrimination. Read some of our frequently asked questions below for answers to questions you might have. If you can’t find what you’re looking for contact us.

Can I make a complaint?

Under the Anti-Discrimination Act (ADA) you can make a complaint of disability discrimination if you:

  • Have a disability and you believe that you have been unlawfully discriminated against because of your disability
  • Are acting on behalf of someone with a disability who believes that they have been unlawfully discriminated against, if they cannot complain because of their disability
  • Are acting on behalf of a person with a disability who you believe has been unlawfully discriminated against, if they cannot complain or ask you to complain
  • Are the parent of a child with a disability who you believe is experiencing unlawful disability discrimination?

Under the ADA the carer of the person with a disability, or anyone who is personally associated with the person with a disability, can make a complaint if they experience discrimination because of their role.
Under the Disability Discrimination Act (DDA) you can make a complaint of disability discrimination if you:

  • Have a disability and you believe that you have been unlawfully discriminated against because of your disability
  • Are a personal associate (such as a spouse, partner, relative or carer) of a person with a disability and you believe that you have been discriminated against because of that person’s disability
  • Are acting on behalf of a person with a disability (or an associate of a person with a disability) who is experiencing unlawful discrimination because of the disability

?Is there a time limit in which a complaint must be made?

?Under the ADA you must lodge a complaint within 12 months of the discrimination act. Time extensions for lodging will only be extended where good cause is demonstrated.?

Under the DDA the Commission may decide not to investigate your complaint if the conduct occurred more than 12 months before the complaint was lodged, but generally there no strict time limits.?

Should I complain under the ADA or DDA?

?You need to decide whether to complain under the Disability Discrimination Act (DDA) or Anti-Discrimination Act (ADA). You are not able to have your complaint heard by both.

?The right one for you will depend on the circumstances of your case. Some factors to consider include:

  • The remedy you are seeking
  • Time limitations
  • The cost of making a complaint
  • Whether the discriminatory conduct is covered by the ADA or DDA
  • Whether there are exemptions that might apply under the ADA but not the DDA?

The Anti-Discrimination Board or the Australian Human Rights Commission can help you with this decision.?

How long will the process take?

Legal action can be a very slow process and the final resolution of a complaint may take more than 12 months.

?Time delays can be stressful and may make it hard to remember the details of what has happened so it’s worth keeping records. If the case ends up going to a court or tribunal hearing it is likely to take even longer. Keep this is mind when deciding whether to pursue the case through legal processes.

If there is some special reason why the complaint should be addressed urgently we suggest you contact the Board or Commission. If it is necessary to take urgent action to prevent irreparable harm being done, it is possible to get special orders from the court or tribunal to prevent action from being taken while the complaint is being resolved. These are known as ‘interim measures’.?

Do I need a lawyer?

You don’t need to have a lawyer or be legally represented to make a complaint or take the complaint to the court or tribunal. However, seeking advice from a lawyer may result in a better outcome. Lawyers can also give you advice about alternative remedies and other actions.

If you’re having difficulty getting assistance for the entire length of your case you may want to consider getting advice and assistance at the critical stages:

  • When you are preparing the complaint
  • Before conciliation
  • Representation at the hearing

To seek preliminary advice from the NSW DDLC on disability discrimination please phone our advice line on 1800 800 708 or (02) 9310 7722 between 9.30am and 12.30pm on Tuesdays, Wednesdays and Fridays.

??Learn more in our Case studies section of this website.