Anti-discrimination Acts by state — protected attributes and regulators compared
Every Australian state and territory has its own anti-discrimination Act sitting alongside the four federal Acts. Compare governing Acts, regulators, protected attributes, complaints bodies and dispute pathways across NSW, VIC, QLD, WA, SA, TAS, ACT and NT.
Australia's anti-discrimination landscape is layered. The Commonwealth runs four standalone Acts — Racial Discrimination Act 1975, Sex Discrimination Act 1984, Disability Discrimination Act 1992 and Age Discrimination Act 2004 — administered by the Australian Human Rights Commission. Every state and territory then runs its own omnibus anti-discrimination statute that consolidates protected attributes, drives a state complaints body, and gives a state civil tribunal jurisdiction to resolve disputes.
A complainant can usually choose the federal or the state pathway, but not both for the same conduct. The state statutes generally cover more protected attributes than the four federal Acts combined — Victoria's Equal Opportunity Act 2010 lists 19, Tasmania's Anti-Discrimination Act 1998 is one of the broadest with around 22 attributes including irrelevant criminal record. Employers operating in multiple states have to comply with whichever statute is most protective in each jurisdiction where they operate.
Statute-of-limitations windows are tight — typically 6 to 12 months from the conduct complained of, and Tasmania has gone shorter than some — and discretionary extensions are rare. Civil penalty caps and remedy ceilings vary by tribunal; most jurisdictions cap compensation at amounts ranging from around $40,000 (state tribunal limits) to uncapped at superior courts.
For the full plain-English explainer, see our companion guide: Anti-discrimination law by state.
Comparison matrix
Click any column header to sort.
Governing Act | Anti-Discrimination Act 1977 (NSW) NSW Legislation | Equal Opportunity Act 2010 (Vic) Vic Legislation | Anti-Discrimination Act 1991 (Qld) Qld Legislation | Equal Opportunity Act 1984 (WA) WA Legislation | Equal Opportunity Act 1984 (SA) SA Legislation | Anti-Discrimination Act 1998 (Tas) Tas Legislation | Discrimination Act 1991 (ACT) ACT Legislation | Anti-Discrimination Act 1992 (NT) NT Legislation |
|---|---|---|---|---|---|---|---|---|
Regulator / Commission The state or territory body that receives complaints and runs conciliation. | Anti-Discrimination NSW (within Dept of Communities and Justice) ADNSW | Victorian Equal Opportunity and Human Rights Commission VEOHRC | Queensland Human Rights Commission QHRC | Equal Opportunity Commission WA EOC WA | Equal Opportunity Commission SA EOC SA | Equal Opportunity Tasmania EOT | ACT Human Rights Commission ACT HRC | Northern Territory Anti-Discrimination Commission NTADC |
Protected attributes (approx. count) Counts vary because some Acts group related attributes (e.g. pregnancy and breastfeeding) into single grounds. Verify the live list with the cited regulator. | ~17 (incl. race, sex, marital/domestic status, disability, age, homosexuality, transgender, carer responsibilities) ADNSW | 19 attributes (incl. employment activity, expunged conviction, lawful sexual activity, political belief) VEOHRC | 16 attributes (incl. relationship status, parental status, religious belief, family responsibilities) QHRC | ~13 (incl. race, sex, gender history, sexual orientation, religious or political conviction, age, family responsibilities) EOC WA | ~14 (incl. caring responsibilities, identity of spouse, association with child, religious appearance/dress) EOC SA | ~22 (one of the broadest — incl. irrelevant criminal record, irrelevant medical record, association with disabled person) EOT | ~19 (incl. profession/trade/occupation/calling, accommodation status, immigration status, employment status) ACT HRC | ~17 (incl. irrelevant medical record, irrelevant criminal record, association with person identified by attribute) NTADC |
Areas of public life covered Whether employment, goods/services, education, accommodation, clubs and government functions are all in scope. | Employment, education, goods/services, accommodation, registered clubs, state programs ADNSW | Employment, education, goods/services, accommodation, clubs, sport, local government VEOHRC | Work, education, accommodation, goods/services, clubs, administration of state laws/programs QHRC | Employment, education, goods/services, accommodation, clubs, land transactions EOC WA | Employment, education, goods/services, accommodation, conferral of qualifications, advertising EOC SA | Employment, education, goods/services, accommodation, clubs, administration of any law/program EOT | Employment, education, access to premises, goods/services/facilities, accommodation, clubs, requests for information ACT HRC | Work, education, goods/services/facilities, accommodation, clubs, insurance, superannuation NTADC |
Complaints body (first instance) | Anti-Discrimination NSW (President) ADNSW | VEOHRC (dispute resolution) VEOHRC | QHRC QHRC | Equal Opportunity Commission WA EOC WA | Equal Opportunity Commission SA EOC SA | Equal Opportunity Tasmania (Commissioner) EOT | ACT Human Rights Commission ACT HRC | NT Anti-Discrimination Commission NTADC |
Tribunal / court for unresolved complaints Where matters proceed if conciliation fails. | NSW Civil and Administrative Tribunal (NCAT) NCAT | Victorian Civil and Administrative Tribunal (VCAT) VCAT | Queensland Civil and Administrative Tribunal (QCAT) QCAT | State Administrative Tribunal WA (SAT) SAT WA | South Australian Civil and Administrative Tribunal (SACAT) or Equal Opportunity Tribunal SACAT | Anti-Discrimination Tribunal (Tasmania) Tas Justice | ACT Civil and Administrative Tribunal (ACAT) ACAT | NT Civil and Administrative Tribunal (NTCAT) NTCAT |
Statute of limitations (time to lodge) Standard window from the date of the alleged conduct. Extensions are usually discretionary. | 12 months ADNSW | 12 months VEOHRC | 12 months QHRC | 12 months EOC WA | 12 months EOC SA | 12 months (extension at Commissioner's discretion) EOT | 24 months (longer than most states) ACT HRC | 12 months NTADC |
Compensation ceiling / civil penalty Tribunal compensation caps and civil-penalty regimes are reform targets — verify the live figure with the regulator before acting. | Up to $100,000 compensation (NCAT) — verify with Anti-Discrimination NSW ADNSW | No statutory cap at VCAT — orders include compensation, reinstatement, apology VCAT | No statutory cap at QCAT — verify with QHRC QHRC | Up to $40,000 compensation at SAT — verify with EOC WA EOC WA | Up to $40,000 compensation at SACAT — verify with EOC SA SACAT | No statutory cap at the Anti-Discrimination Tribunal — verify with Equal Opportunity Tas EOT | No statutory cap at ACAT — verify with ACT HRC ACAT | Up to $60,000 compensation — verify with NTADC NTADC |
Recent reforms Material amendments in the last 24 months. | Equality Legislation Amendment (LGBTIQA+) Act 2024 expanded protected attributes incl. sex characteristics NSW Legislation | Justice Legislation Amendment (Anti-vilification) Act 2024 expanded vilification protections Vic Legislation | Respect at Work and Other Matters Amendment Act 2024 — positive duty + expanded attributes Qld Legislation | Equal Opportunity Amendment Bill 2023 (reform process ongoing — verify with EOC WA) EOC WA | Equal Opportunity (Domestic Abuse) Amendment Act 2022 added domestic-abuse victim-survivor attribute SA Legislation | Justice Miscellaneous (Anti-Discrimination) Act 2023 expanded sex/gender attributes Tas Legislation | Discrimination Amendment Act 2023 added accommodation status, employment status, profession/trade ACT Legislation | Anti-Discrimination Amendment Act 2022 added new attributes incl. subjection to domestic violence NT Legislation |
Every cell links to the cited source. Rules Mate links and summarises — it does not reproduce statutory text. Confirm with the cited regulator before relying on any cell.
Frequently asked
Can I lodge a discrimination complaint federally and at the state level for the same conduct?
No. You generally have to elect one pathway. Lodging with the Australian Human Rights Commission under the four federal Acts and lodging with a state commission under the state Act for the same conduct will usually result in one being dismissed for duplication. Most lawyers run a strategic-choice analysis before lodging.
Which state has the broadest list of protected attributes?
Tasmania's Anti-Discrimination Act 1998 sits at the broad end with around 22 attributes, including irrelevant criminal record and irrelevant medical record. Victoria's Equal Opportunity Act 2010 covers 19 attributes including employment activity and political belief. The ACT Discrimination Act 1991 is also broad with around 19 attributes.
How long do I have to lodge a discrimination complaint?
Most jurisdictions impose a 12-month statute of limitations from the date of the alleged conduct, with discretion to extend for good reason. The ACT runs the longest standard window at 24 months. Lodge early — extensions are not guaranteed.
Does the state Act apply to a federal public servant working in a state?
It usually does — the state anti-discrimination Acts cover work performed in the state regardless of employer type, subject to some constitutional carve-outs. Federal agencies often face overlapping obligations under both the relevant federal Act and the state Act where the work is performed.
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