Fair Work Ombudsman
- If you’ve lost your job, contact the Fair Work Commission (the Commission) first if you think you were fired because of:
- another protected right.
- a reason that is harsh, unjust or unreasonable
- You have 21 days from the day you were fired to lodge an application with the Commission. Check the information at the Commission website to find out if you can apply for:
- For other discrimination issues:
- consider whether the actions taken were unlawful discrimination
- see our Help resolving workplace issues section for practical advice on:
- talking to your employer about fixing the problem
- getting help from us if you can’t resolve it
- the Australian Human Rights Commission can also help resolve discrimination issues in the workplace.
- Each state and territory has a local anti-discrimination body, which regulates and investigates breaches of state and territory anti-discrimination laws. For contact details in your state or territory see the list at Related sites.https://www.fairwork.gov.au/employee-entitlements/protections-at-work/protection-from-discrimination-at-work
Anti-discrimination Commission Queensland
- A complaint must be made to the commission within 1 year of the events
- *The commission may accept a complaint after the expiration of 1 year if there are good reasons for the delay
- Make an External Complaint:
- A complaint can be lodged online via:
- Sent directly to the comission at the relevant location (By either downloading the complaint form http://www.adcq.qld.gov.au/__data/assets/word_doc/0016/5029/Complaint_Form-16_August_2016.doc or writing a letter setting out the details of the complaint):
Fair Work Commission
An application in relation to any discrimination practice should be lodged under the category of ‘General Protections’
2 Types of general protections applications:
- If a dispute involves a dismissal, the Commission must convene a private conference to deal with the dismissal.
- Time limitation – 21 days
- If a dispute doesn’t involve a dismissal, the Commission will convene a private conference to deal with the dispute if both parties agree to participate.
- If one or both of the parties don’t agree to participate in the conference, the applicant can choose to make an application to a court to deal with the matter.
- Time limitation – 6 years
Applications may be lodged online click here.
Or by downloading the relevant form and mailing it to the Commission office:
- Dismissal dispute – General protections application involving dismissal
- Non-Dismissal dispute – General protections application not involving dismissal
Queensland Industrial Relations Commission
If the complaint cannot be resolved through the concilliation process offered by the Anti-Discrimination Commission then it may be referred to the QIRC for determination.
- Submit application for an order protecting complainants interests
- Before referring a complaint to QIRC you may apply for an order prohibiting any behaviour that may prejudice the investigation of the complaint or impact the decision made by the tribunal.
- Review Anti-Discrimination
- An application may be made under section 169(3) of the Anti-Discrimination Act 1991 to review an ADC decision. This must be made within 28 days of being notified that the Commissioner has lapsed the matter.
- To make an application in relation to a complaint lapsing, lodge Form 86 – Application for review of ADC decision about complaint lapsing. A copy of the decision being reviewed must be provided with the application.
- Unresolved Complaint
- If a conciliation conference has been held and the complaint has not been resolved, the complainant may give the Anti-Discrimination Commissioner a written notice requiring the commissioner to refer the complaint to the QIRC.
- Lapse of time
- If the commissioner has not finished dealing with a complaint 6 months after informing the complainant and the respondent that the complaint has been accepted, either the complainant or the respondent may, by written notice request the commissioner to refer the complaint to the tribunal.
- Application to stay a decision
- Use this form to make an application to ‘stay’ an administrative decision. This means that a decision is postponed and will not take effect until the QIRC has heard the application to review the decision.
- Form 2 – Application to Queensland Industrial Relations Commission
To receive compensation you will need to lodge a claim with WorkCover Queensland. Click here for the link.
Complaints about Work Cover
If you believe a mistake has been made in relation to your compensation or are unsatisfied with services provided by WorkCover Queensland you should directly contact the person you have been dealing with, or their direct manager.
If you are unsatisfied with the response you receive you may lodge a formal complaint with the Office of Idustrial Relations via: Click here to download a complaint form for printing
Mail to: Complaints Advisor, GPO Box 2459, Brisbane, QLD, 4001.
If you disagree with the outcome of the complaint you can contact the Queensland Ombudsman:
Phone: 1800 068 908