Employers must comply with anti-discriminaiton laws which apply at the federal level and in all states and territories in Australia. Each jurisdiction prohibits discrimination in every aspect of work, including recruitment, terms and conditions of employment, discipline, promotion, transfer, training and termination. Most anti-discrimination legislation covers both persons engaged under a contract of service (employees) and persons engaged under a contract for services (independent contractors), although not necessarily to the same extent.

Discrimination classically involves treating someone unfavourably because of a particular characteristic ie their age, race or sexuality, though it can also arise indirectly. For example, a requirement which applies equally to a group of people may have a disproportionate effect on persons within that group who have a particular attribute.

Not all forms of discrimination are against the law. Discrimination will only be unlawful if it is based on a proscribed ground set out in Federal or State anti-discrimination legislation. There are also some limited exemptions to the prohibition on unlawful discrimination contained in each Act.

See Introduction to anti-discrimination laws.

There is considerable overlap between the grounds of discrimination under federal, state and territory anti-discrimination laws.

In the event of an inconsistency between federal and state/territory anti-discrimination laws, the federal laws will prevail.

See Prohibited grounds of discrimination.

Federal, state and territory anti-discrimination statutes set out the relevant process to be followed when a complaint of unlawful discrimination is made in that jurisdiction. The complaint-handling and dispute resolution provisions of these statutes vary, but the following features are common to all jurisdictions:

• lodgment of a complaint with an anti-discrimination commission (or similar body);

• investigation of the complaint by the anti-discrimination commission (or similar body);

• unless the complaint is declined, attempted resolution of the complaint by conciliation in the anti-discrimination commission (or similar body); and

• if conciliation is inappropriate or does not resolve the complaint, the complaint may be referred to an anti-discrimination tribunal, or a court, for hearing and determination.

See Dispute resolution and remedies in equal opportunity matters.

Federal, state and territory anti-discrimination statutes contain specific provisions prohibiting discrimination in relation to advertising and the offering of employment. These provisions also extend to prohibiting discrimination in relation to employment policies, pre-employment questions, interviews, and application forms and other forms (such as medical forms and criminal records check forms) used in recruitment and pre-employment processes.

See Recruitment-specific anti-discrimination provisions.