​​

Anti-Discrimination

One of the functions of NCAT's Administrative and Equal Opportunity Division is to resolve complaints referred to it by the President of the Anti-Discrimination Board. These complaints are about alleged breaches of the Anti-Discrimination Act 1977. They relate to discrimination, harassment, victimisation and vilification.

Other functions include:

  • deciding whether to give permission for a complaint to go ahead after it has been declined by the President of the Anti-Discrimination Board
  • deciding whether to register a conciliation agreement made at the Anti-Discrimination Board so it can be enforced
  • reviewing a decision of the President of the Anti-Discrimination Board relating to an application for exemption from the Anti-Discrimination Act 1977.

How to make a complaint

You cannot lodge a complaint directly to NCAT. If you believe that someone has breached the Anti-Discrimination Act 1977, you must first complain to the Anti-Discrimination Board. Visit the ​​Anti-Discrimi​nation Board website for more information about the complaint process.

How to start a case in NCAT after the Anti Discrimination Board (ADB) has declined a complaint

If the Anti-Discrimination Board has declined your complaint, you can request the President of the Anti-Discrimination Board to refer the complaint to the Tribunal.  If that happens, the matter will be listed for a "leave hearing" so that the Tribunal can decide whether to give you permission for the complaint to go ahead.

Register an ADB conciliation agreement with NCAT

If you and the other party came to an agreement after conciliation at the Anti-Discrimination Board, and the other party has not fulfilled their side of the agreement, NCAT may be able to help. If the agreement is registered with NCAT, it can be enforced as if it is an order of the Tribunal.

To register an ADB conciliation agreement, complete the NCAT General Application Form [PDF 65kB]

How to apply for a review of an exemption decision

NCAT can review a decision made by the President of the ADB about exemptions from the Anti-Discrimination Act 1977. The granting of an exemption means that the Act will not apply to a person, a group of people, or an activity.

To apply to NCAT for a review of an exemption decision, you must either be the person who applied for the exemption or a person who is directly affected by the exemption decision. You can apply to NCAT for a review of:

  • a decision to refuse to grant or renew an exemption
  • a decision to grant an exemption
  • a decision to vary or revoke an order granting an exemption.

Find out more about how to apply for review of an exemption decision.

More information

For more information about Anti-Discrimination Act complaints see Steps in a discrimination matter.

 

 

Need legal help?

These services can help you with your anti-discrimination case:

LawAccess NSW

Legal Aid NSW

Legal Assistance Referral Scheme (LARS)


Quick links

NCAT Guideline on resolution processes