Trans Folks – Rights and Justice

Trans and gender diverse people are protected against discrimination, harassment and violence in many areas under state and federal law. Laws protect your safety in public, and your privacy when interacting with large organisations or government departments.

Even though these protections exist, some trans people still experience violence and transphobia. This can be in the form of physical violence, harmful speech in the media, or messages from those around us that can be difficult to ignore.

The legal system can be a difficult place for trans people, especially people who experience other intersections of identity or cultural backgrounds, and not being able to find justice does not mean that what you experienced isn’t real.

No matter how your trans or gender diverse experience manifests, your identity, your history or your expression, you have the right to be safe from discrimination, harm, violence and abuse.

Acknowledgements

This page was created with input from trans writers across each state and territory, and developed in collaboration with Northern Territory AIDS and Hepatitis Council (NTAHC), SHINE SA, Transgender Victoria (TGV), A Gender Agenda, TransFolk of WA, Queensland Council for LGBTI Health (QC), and Working It Out Tasmania (WIC). All content was reviewed by the Inner City Legal Centre.

Conversion Practices

Advocacy continues across Australia for a national ban on conversion practices. In the meantime, legislation between states and territories varies.

The Australian Capital Territory, New South Wales, Queensland, South Australia and Victoria have all introduced laws combating harmful conversion practices (with community continuing to work on making change in Northern Territory, Western Australia, and Tasmania).

These laws vary in what they cover. For instance, VIC legislation is considered world-leading in scope while QLD and SA laws have been criticised for not being comprehensive enough.

It is recommended that you reach out to state-specific legal and support services (listed on each state/territory page) for further guidance. If you have been affected by conversion practices and are seeking support, please reach out to support services.

Your Rights in the ACT

ACT and federal laws provide protection to trans people whose rights are infringed whether it is at work, in education, when accessing goods, services or public facilities, seeking accommodation, interacting with large organisations or government departments regarding personal information held about you, or safely walking down the street.

Some of the laws providing you protection are complex, and in some cases you have more than one option. Choosing the best option for you is made easier by first getting advice on what might work best for you. Consider contacting Legal Aid ACT for free legal advice.

Protections against discrimination

Commonwealth and ACT anti-discrimination laws protect you against discrimination in certain areas, such as employment, education, and when accessing goods, services, facilities and accommodation.

Laws prohibiting discrimination on the basis of ‘gender identity’ make it unlawful in particular circumstances to:

Refuse or terminate employment, or refuse goods, services or accommodation to someone because they are or are assumed to be trans or gender diverse;
Treat someone less favourably at work, in education or when accessing goods, services, facilities or accommodation than you would otherwise treat a cis person in a similar position;
Disrespect, harass or abuse trans and gender diverse people while at work, when delivering goods and services to them or when interacting with government (such as by misgendering or deadnaming);
Impose unreasonable policies and practices at work, in education and in other public facilities that disadvantage trans and gender diverse people (such as unreasonably limiting their ability to use a bathroom which aligns with their gender).

In many cases these laws operate regardless of how you identify or appear, whether your birth certificate accurately reflects your gender, and whether you have medically affirmed your gender in any way.

There are, however, several gaps in these laws. For example, some religious organisations and private schools have exemptions under some laws. Also, if your complaint is about discrimination by public agencies, some laws apply only to state but not federal agencies.

People who are discriminated against can make a complaint to ACT Human Rights Commission or the Australian Human Rights Commission (but not both), if resolving matters directly with your employer or provider doesn’t work. Where to lodge a complaint will depend on what has occurred and what outcome you hope for. So, it is a good to get advice on the best avenue for making a complaint, before you do.

When submitting a complaint, it’s important to be clear about the actions you would like undertaken to remedy the situation. It can be a good idea to suggest tangible outcomes such as training, a statement of apology, compensation and/or reinstatement.

In Healthcare

In addition to general anti-discrimination protections that also apply in healthcare service settings (see above), the ACT Human Rights Commission accepts complaints about any negative treatment you have received from a doctor, nurse, dentist, pharmacist, psychologist, chiropractor, or in a health setting such as public or private hospitals, clinics, medical centres, day surgery centres and the Ambulance Service, among others.

You can make a complaint If your health professional has given you poor advice or treated you poorly when providing you with healthcare services.

In public and on the street

NSW prohibits vilification on the basis of gender identity, which includes being trans. Vilification means a public act (such as public statements in the media, on social media or in the street) that could incite hatred, serious contempt or ridicule towards trans people. Vilification provisions do not prohibit reasonable and good faith public discussion/instruction/debate (e.g. for academic, artistic, scientific, research or religious purposes).

Public acts that threaten or incite violence on the basis of gender identity are also criminal offences, and can be investigated by ACT Police.

In addition to specific vilification protections, trans people are protected by ordinary criminal laws, such as laws prohibiting assault, sexual assault, other acts of violence or property damage against you. Contact ACT Police or your local LGBTIQIA+ Liaison Officer. You can find out more about this process on our page on Police.

In addition to seeking protection from NSW Police, victims of violent crime may be able to seek access to counselling and financial support from Victim Support ACT (VSACT).

If your complaint is about misconduct by NSW Police, you should make your complaint directly to the AFP’s Workplace Issues Complaints Resolution Team. If you are not satisfied with the AFP’s response to your complaint, you contact the ACT Ombudsman to further the complaint.

Breaches of your privacy

Government agencies and many large organisations that hold your personal information have obligations regarding your privacy. This includes the right, in certain circumstances, to correct personal information they hold about you which is inaccurate (such as incorrect gender markers), or to prevent personal information which misgenders you from being used or disclosed to others without your consent.

If an organisation or agency has mishandled your personal information (such as information about your gender or trans experience, deadname or pronouns) you may be able to lodge a complaint with the Office of the Australian Information Commissioner, instead of a discrimination complaint with Anti-Discrimination NSW or the Australian Human Rights Commission.

Conversion Practices

In February 2022, the Change or Suppression (Conversion) Practices Prohibition Act 2021 was introduced in VIC. The act bans any practices which act to change, hide or suppress someone’s sexual orientation or gender identity. This includes but is not limited to practices known as ‘conversion therapy’ or ‘gay conversion’ which could be teaching, counselling, spiritual activities, medical and psychological interventions with the ideology that there is something wrong or broken about a person who has a relationship or sexual orientation other than heterosexual or a gender identity other than cisgender. The act encompasses practices both within and outside of religious or cultural settings.

With the act there are a range of options for preventing and responding to practices being undertaken with non-criminal resolutions i.e. mediation, reconciliation. There are also four new criminal offences which are handled by Victoria Police to enforce repercussions for inflicting conversion practices on a person.

The Act follows a trauma-informed framework and intends resolutions to be person-centered, with lived experience consultants involved.

The Victorian Equal Opportunity and Human Rights Commission are the provider for civil (non-criminal) resolutions. They are empowered to respond to reports of conversion practices and can help aid and support survivors of these practices. More information on the Act and its practical outlay can be found on the Commission’s website.

Seeking justice

When you have been discriminated against, harmed or wronged because of your trans experience or status, you are entitled to seek some form of justice. Depending on what has happened, you may have a number of avenues available to you.

Recognising that interacting with law and justice organisations can be intimidating, it is a good idea to seek advice from a supportive organisation like the Legal Aid ACT before you proceed with a complaint, so you understand the pros and cons of pursuing any particular pathway.

The legal system can also be a difficult place for trans people, especially people who experience other intersections of identity or cultural background, and not being able to find justice does not mean that what you experienced isn’t real.

This section generally explains some of the key agencies you can go to make a complaint and what that process may look like, depending on what has occurred. There may be other options open to you depending on what has occurred.

Australian Human Rights Commission

For complaints about discrimination based on gender identity in many areas of public life (such as work, education, the provision of goods, services, public facilities and accommodation), you may be able to make a complaint to the Australian Human Rights Commission (AHRC).

The AHRC is an independent agency which oversees the resolution of complaints under federal anti-discrimination laws. It facilitates conciliations aimed at resolving discrimination complaints. It is not a court, although complaints can be lodged in a federal court if a conciliation is terminated.

For more information about what making a complaint looks like, go to the AHRC website. You can lodge a complaint by downloading a complaint form that can be lodged via mail, email or fax. Find more information about this process on their website.

While there is no strict time frame for lodging a complaint, it is a good idea to lodge a complaint within 6 months of the conduct you are complaining about, as the Commission may terminate complaints that have been delayed.

ACT Human Rights Commission

Complaints about discrimination and vilification can be made to ACT Human Rights Commission.

Complaints about health professionals, such as doctors, nurses, dentists, pharmacists, psychologists, chiropractors, or in a health setting such as public or private hospitals, clinics, medical centres, day surgery centres, the Ambulance Service and others, can be made to the Commission.

You can lodge a complaint online. Find more information about this process on their website.

Commonwealth Ombudsman

Complaints about Australian Government agency actions and decisions can be made to the Commonwealth Ombudsman, which is a free and impartial service. They investigate complaints about Centrelink, VET Student Loans and VET FEE-HELP, Australia Post operators, the National Disability Insurance Agency, private health insurers, and My Health Record.

The Ombudsman investigates complaints to find if actions and decisions were “wrong, unjust, unlawful, discriminatory or just plain unfair.” They also seek to improve the experiences of those affected by administrative deficiencies, by working to strengthen public administration.

They can assist also you to make a complaint to a relevant agency as well. You are able to get in touch with them using their online form or by calling them on 1300 362 072.

ACT Police

In an emergency, dial triple zero (000) for police.

Dial 131 444 for non-urgent police assistance and general enquiries
To speak to a LGBTQIA+ Liaison Officers, contact your local police station and ask to speak to with a liaison officer.

For more information, check our page on Police.

Victim Support ACT (VSACT)

Victim Support ACT (VSACT) provides support for victims of violent crime, including counselling and financial support.

Visit their website or call them: 1800 8222 72 (free call) or 02 6205 2222.

Downloads

Dating a Trans Person 101: Respect – Gender Minorities Aotearoa (2021)

Consent: Sex and Sexuality for Trans People – Gender Minorities Aotearoa (2022)

10 trans questions to ask a doctor – TransHub

10 tips for clinicians working with trans & gender diverse people – TransHub

Doctor letter: affirm name and pronouns – TransHub

Your Rights in NSW

NSW and federal laws provide protection to trans people whose rights are infringed whether it is at work, in education, when accessing goods, services or public facilities, seeking accommodation, interacting with large organisations or government departments regarding personal information held about you, or safely walking down the street.

Some of the laws providing you protection are complex, and in some cases you have more than one option. Choosing the best option for you is made easier by first getting advice on what might work best for you. Inner City Legal Centre offer a state-wide free legal service for trans and gender diverse people.

Protections against discrimination

Commonwealth and NSW anti-discrimination laws protect you against discrimination in certain areas, such as employment, education, and when accessing goods, services, facilities and accommodation.

Laws prohibiting discrimination on the basis of ‘gender identity’ or ‘transgender’ status make it unlawful in particular circumstances to:

Refuse or terminate employment, or refuse goods, services or accommodation to someone because they are or are assumed to be trans or gender diverse;
Treat someone less favourably at work, in education or when accessing goods, services, facilities or accommodation than you would otherwise treat a cis person in a similar position;
Disrespect, harass or abuse trans and gender diverse people while at work, when delivering goods and services to them or when interacting with government (such as by misgendering or deadnaming);
Impose unreasonable policies and practices at work, in education and in other public facilities that disadvantage trans and gender diverse people (such as unreasonably limiting their ability to use a bathroom which aligns with their gender).

People who are discriminated against can make a complaint to Anti-Discrimination NSW or the Australian Human Rights Commission (but not both), if resolving matters directly with your employer or provider doesn’t work. Where to lodge a complaint will depend on what has occurred and what outcome you hope for. So, it is a good to get advice from the Inner City Legal Centre on the best avenue for making a complaint, before you do.

In Healthcare

In addition to general anti-discrimination protections that also apply in healthcare service settings (see above), the NSW Health Care Complaints Commission (HCCC) accepts complaints about any negative treatment you have received from a doctor, nurse, dentist, pharmacist, psychologist, chiropractor, or in a health setting such as public or private hospitals, clinics, medical centres, day surgery centres and the Ambulance Service, among others.

You can make a complaint If your health professional has given you poor advice or treated you poorly when providing you with healthcare services. The HCCC resolves or assists in the resolution of complaints but generally does not have powers to order compensation or refunds of fees. It can however investigate serious complaints that raise questions of public health/safety and prosecute serious complaints in order to protect the public.

In public and on the street

NSW prohibits vilification on the basis of being trans. Vilification means a public act (such as public statements in the media, on social media or in the street) that could incite hatred, serious contempt or ridicule towards trans people. Vilification provisions do not prohibit reasonable and good faith public discussion/instruction/debate (e.g. for academic, artistic, scientific, research or religious purposes). Complaints about vilification can be made to Anti-Discrimination NSW.

Public acts that threaten or incite violence on the basis of gender identity are also criminal offences, and can be investigated by NSW Police.

In addition to specific vilification protections, trans people are protected by ordinary criminal laws, such as laws prohibiting assault, sexual assault, other acts of violence or property damage against you. Contact NSW Police or your local GLLO (LGBTIQ+ Liaison officer). You can find out more about this process on our page on Police.

In addition to seeking protection from NSW Police, victims of violent crime may be able to seek access to counselling and financial support from Victims Services NSW.

If your complaint is about misconduct by NSW Police, you file a complaint with NSW Law Enforcement Conduct Commission.

Breaches of your privacy

‘Recognised transgender people’

NSW has a two-tiered system of protections for trans people, in which you can either be a ‘recognised transgender person’, or a ‘non-recognised transgender person.’ A ‘recognised transgender person’ is someone who has legally affirmed their gender.

It’s unclear how being legally affirmed or not differs in practice, and according to the NSW Anti-Discrimination Act 1977, being trans is self-identified and self-expressed. This means that trans people of every gender are valid, real and protected. Trans women are women, trans men are men, and non-binary people are amazing.

This system can be limiting, and efforts are still being made to strengthen the language used in legislation to make sure it’s clear that being trans is protected and that discrimination is unlawful.

No matter how you affirm who you are, it is unlawful to be discriminated against due to your gender.

Seeking justice

Recognising that interacting with law and justice organisations can be intimidating, it is a good idea to seek advice from a supportive organisation like the Inner City Legal Centre before you proceed with a complaint, so you understand the pros and cons of pursuing any particular pathway.

Australian Human Rights Commission

Anti-Discrimination NSW

Complaints about discrimination and vilification can be made to Anti-Discrimination NSW (formerly the Anti-Discrimination Board of NSW).

Anti-Discrimination NSW oversees the resolution of complaints under NSW anti-discrimination and vilification laws. It facilitates conciliations aimed at resolving discrimination complaints and can refer unresolved complaints to the NSW Civil and Administrative Tribunal for legally binding decisions.

Beware that complaints about the same matter cannot be made to both Anti-Discrimination NSW and the Australian Human Rights Commission, so it is important to seek advice on which pathway is better for you before you start.

You can lodge a complaint by downloading a complaint form that can be lodged via mail, email or fax. Find more information about this process on their website.

Anti-Discrimination NSW cannot give legal advice or rule as to whether discrimination occurred, but they can connect you to options to address the event or issue.

NSW Health Care Complaints Commission

The HCCC advises to try and address any problem directly with your health service provider, though acknowledges that that will not always solve the issue, and that you may feel uncomfortable doing so.

You can lodge a complaint using the HCCC’s online form, download a complaint form, or send a letter to the Commission via mail, email, or fax. Find more information about this process on their website.

Note: If you reach out, be aware that the HCCC complaint forms have gender options limited to ‘Male,’ ‘Female,’ ‘Transgender’ and ‘Prefer not to say.’

Commonwealth Ombudsman

They can assist also you to make a complaint to a relevant agency as well. You are able to get in touch with them using their online form or by calling them on 1300 362 072.

NSW Police

In an emergency, dial triple zero (000) for police.

Dial 131 444 for non-urgent police assistance and general enquiries.
To speak to a GLLO (LGBTIQ+ Liaison Officers), contact your local police station and ask to speak to with a GLLO.

For more information, check our page on Police.

Victims Services NSW

Victims Services NSW provides support for victims of violent crime, including counselling and financial support.

Visit their website or call them on 1800 633 063 during business hours (or 1800 019 123 for the Aboriginal Contact Line).

NSW Law Enforcement Conduct Commission

The NSW Law Enforcement Conduct Commission accepts complaints about serious misconduct or serious maladministration by the NSW Police Force or NSW Crime Commission. Complaints can be made, or information provided, anonymously.

Using the LECC’s online forms you can make a complaint, provide information, or you can contact them for more information via their website.

Downloads

Dating a Trans Person 101: Respect – Gender Minorities Aotearoa (2021)

Consent: Sex and Sexuality for Trans People – Gender Minorities Aotearoa (2022)

10 trans questions to ask a doctor – TransHub

10 tips for clinicians working with trans & gender diverse people – TransHub

Doctor letter: affirm name and pronouns – TransHub

References & Links

Your legal rights at school – Justice Connect

Gender discrimination and transphobia in NSW – Justice Connect

Australian Human Rights Commission

NSW Health Care Complaints Commission

Law Enforcement Conduct Commission

Your Rights in the NT

NT and federal laws provide protection to trans people whose rights are infringed whether it is at work, in education, when accessing goods, services or public facilities, seeking accommodation, interacting with large organisations or government departments regarding personal information held about you, or safely walking down the street.

Some of the laws providing you protection are complex, and in some cases you have more than one option. Choosing the best option for you is made easier by first getting advice on what might work best for you through options like Legal Aid NT or Darwin Community Legal Service.

Protections against discrimination

Commonwealth and NT anti-discrimination laws protect you against discrimination in certain areas, such as employment, education, and when accessing goods, services, facilities and accommodation.

In the NT, gender identity, sexual orientation, and sex characteristics are protected attributes under the NT Anti Discimination Act 1992.

As of 2024, there is also a Positive Duty for organisations, groups, workplaces etc to “take reasonable and proportionate measures to eliminate discrimination, sexual harassment or victimisation to the greatest extent possible.”

This makes it a legal requirement for institutions to actively contribute to an anti-discriminatory culture, rather than simply waiting for a complaint of discrimination for them to be found legally responsible. What this effectively means is that organisations now need to be proactive – making sure they are fostering a positive, safe, anti-discrimination culture through training, policies, procedures, and actions.

Positive Duty is not only in the NT as it was also amended into federal Sex Discrimination Act 1984 everywhere in Australia in 2022.

If you feel that you’ve been treated unfairly, unjustly, or discriminated against, you are able to make a complaint, report the discrimination, or seek support.

In Healthcare

In addition to general anti-discrimination protections that also apply in healthcare service settings (see above), the NT Health and Community Services Complaint Commission (HCSCC) can receive complaints about any health workers or setting, public or private, across the territory. For detailed information on the complaints process, go to their website.

A feedback and complaints procedure covering public doctor, nurse, dentist, pharmacist, psychologist, or in a health-settings (such as public hospitals, clinics, medical centres, and day surgery centres) is also available online on the NT Health website. You are also able to access an interpreter to make a complaint.

In public and on the street

Vilification is any action done by a person that is reasonably likely to offend, insult, humiliate or intimidate someone protected under the Anti-Discrimination Act. Trans people would be protected under ‘gender identity.’

Public acts that threaten or incite violence on the basis of gender identity are criminal offences and can be investigated by the police. You are also generally protected by criminal laws, such as laws prohibiting assault, sexual assault, other acts of violence, or property damage against you.

There are some other NT-specific laws about being in public that are important to know. The NT Government has legislated specific laws to do with drinking in public areas, and sometimes there are location-based curfew laws brought in as well.

These laws rely on police to make decisions on whether to enforce them on-the-spot. Laws that rely on police discretion like these, such as similar ‘stop-and-frisk’ laws you may have heard about, have been widely criticised as they overly disadvantage minority groups like trans and gender diverse people.

For more information on interactions with police and reporting, check out our page on Police.

Breaches of your privacy

Seeking justice

Australian Human Rights Commission

NT Anti-Discrimination Commission

Complaints about discrimination and vilification can be made to the NT Anti-Discrimination Commission.

Anti-Discrimination Commissions help solve complaints about unfair treatment and discrimination in your area. They try to bring people together to find a peaceful solution to these issues. If they can’t resolve a complaint, they can send it to a local court to get a final decision.

Anti-Discrimination Commissions also sometimes accept reports – which can be a de-identified ways for you to make the commission aware of an incident without the need to make a formal complaint. This is a great way for the commission to work on behalf of your community, so they know what discrimination is occurring, but without you needing to identify yourself to anyone.

Beware that complaints about the same matter cannot be made to both an Anti-Discrimination Commission and the Australian Human Rights Commission, so it is important to seek advice on which pathway is better for you before you start.

Anti-Discrimination Commissions cannot give legal advice or rule as to whether discrimination occurred, but they can connect you to options to address the event or issue.

When submitting a complaint, it can be a good idea to be clear about the actions you would like undertaken to remedy the situation. It can be a good idea to suggest tangible outcomes such as training, a statement of apology, compensation and/or reinstatement.

NT Health Care Complaints Commission

Note: If you reach out, be aware that the HCCC complaint forms have gender options limited to ‘Male,’ ‘Female,’ ‘Transgender’ and ‘Prefer not to say.’

Commonwealth Ombudsman

They can assist also you to make a complaint to a relevant agency as well. You are able to get in touch with them using their online form or by calling them on 1300 362 072.

NT Police

In an emergency, dial triple zero (000) for police.

Dial 131 444 for non-urgent police assistance and general enquiries.

For more information, check our page on Police.

Supports

Experiencing discrimination is physically and emotionally difficult, and it is important to reach out to your community for support. Below is a list of support services that work with Trans and Gender Diverse people in your area that can support you if you have experienced discrimination.

National

QLife provides anonymous and free LGBTIQ+ peer support and referral for people in Australia wanting to talk about sexuality, gender, bodies, feelings or relationships via phone or through webchat.

The Trans Justice Project is a trans-led national campaigning organisation that stands up for freedom, justice, and equality for all trans and gender diverse people. You could join an action group or talk to their volunteers about your experiences.

Trans Pride Australia fosters belonging and empowers trans and gender diverse people across Australia. They have online peer groups to connect with.

Northern Territory AIDS and Hepatitis Council Inc. (NTAHC) has free LGBTI+ counselling available that you can access for as long or short a time as you need. They can also connect you with a peer to support you if you are deciding to make a complaint, during the complaint process, afterwards, or if you need other support such as needing to change housing or jobs. In Alice Springs, the Vital Collective also provides community peer support.

Downloads

Dating a Trans Person 101: Respect – Gender Minorities Aotearoa (2021)

Consent: Sex and Sexuality for Trans People – Gender Minorities Aotearoa (2022)

10 trans questions to ask a doctor – TransHub

10 tips for clinicians working with trans & gender diverse people – TransHub

Doctor letter: affirm name and pronouns – TransHub

References & Links

CITED/ REFERENCED SOURCES

Legislation Database

Federal Register of Legislation – Sex Discrimination Act 1984

Policing Transgender People: Discretionary Police Power and the Ineffectual Aspirations of One Australian Police Initiative – Toby Miles-Johnson, 2015

HYPERLINKS

https://equalityaustralia.org.au/

https://www.iclc.org.au/

https://www.antidiscrimination.nsw.gov.au/

https://www.iclc.org.au/factsheets-and-publications/fact-sheets/

https://hcscc.nt.gov.au/

https://health.nt.gov.au/compliments-complaints-and-feedback

https://www.antidiscrimination.justice.nsw.gov.au/

https://www.oaic.gov.au/

https://www.transhub.org.au/legal

https://www.humanrights.gov.au/complaints/information-people-making-complaints

https://www.humanrights.gov.au/complaints/make-complaint

https://www.humanrights.gov.au/complaints

https://www.pridetraining.org.au/

Home – HRC

Anti-Discrimination NSW

NT Anti-Discrimination Commission | NT Anti-Discrimination Commission

Victorian Equal Opportunity and Human Rights Commission | Victorian Equal Opportunity and Human Rights Commission

Anti-Discrimination Commissioner : Home

QHRC : Queensland Human Rights Commission

Equal Opportunity Commission

https://www.ombudsman.gov.au/complaints

https://forms.ombudsman.gov.au/prod?entitytype=Approach&layoutcode=ApproachWebForm

https://www.hccc.nsw.gov.au/Complaints/How-To-Make-a-Complaint

https://www.transhub.org.au/allies/researchers

https://qlife.org.au/

https://transjustice.org.au/

https://transprideaustralia.org.au/online-spaces/

https://www.ntahc.org.au/counselling

https://www.ntahc.org.au/care-and-support

https://vitalcollective.org/

https://www.dcls.org.au/

Your Rights in Queensland

“Human rights are based on the principles of freedom, equality, respect and dignity…The rights of lesbian, gay, bisexual, transgender, intersex and queer people have been affirmed and upheld though various international human rights treaties…Queensland’s Human Rights Act 2019 (1) and Anti-Discrimination Act 1991 (2) contain specific protections for LGBTIQ+ people, which we work to uphold.” –Queensland Human Rights Commission

Under the Queensland Human Rights Act 2019, everyone has the same rights and deserves the same level of respect with Section 15 providing the right to enjoy other human rights free from discrimination.

Some of the laws providing you protection are complex, and in some cases you have more than one option. Choosing the best option for you is made easier by first getting advice on what might work best for you. The LGBTI Legal Service offer a state-wide free legal service for trans and gender diverse people.

Protections against discrimination

Queensland’s Anti-Discrimination Act makes it unlawful to discriminate against someone on the basis of their gender identity. Under the Act, gender identity means a person’s internal and individual experience of gender, whether or not it corresponds with the sex assigned to the person at birth. Gender identity includes a person’s individual sense of their body, any modifications they have or have not made to their body (medically, surgically, or by other means), and other expressions of gender, including name, dress, speech and behaviour.

If you are treated less favourably than someone else (in the same or similar circumstances) because of your gender identity, it may be discrimination. Discrimination can also happen when there is a rule or requirement that disadvantages transgender people more than cisgender people.

You are able to read some case studies of real complaints involving gender identity discrimination to get a fuller idea of work that has already occurred.

Not all unfair treatment is discrimination under the Act. The Act covers you in areas of public life, including while you are working (including during recruitment processes), at school or college, while obtaining goods and services, when renting or buying property, when obtaining insurance or superannuation, or in dealing with state or local government. The Act does not cover discrimination that happens in private.

You can submit any complaints to the Queensland Human Rights Commission.

In Healthcare

In addition to general anti-discrimination protections that also apply in healthcare service settings (see above), the QLD Office of the Health Ombudsman (OHO) provides a single point of entry for health service complaints. The OHO receive and manage complaints and notifications involving:

registered health practitioners such as doctors, nurses, dentists, pharmacists, psychologists and other health practitioners registered with AHPRA.
unregistered health practitioners such as counsellors, massage therapists, assistant nurses, dieticians, speech therapists, audiologists, alternative healthcare providers; workers providing support services to health services such as security guards, and workers providing health services in aged care or disability services
public and private hospitals
any service or facility where a health service is provided such as dental or medical clinics, community health or rehabilitation centres, aged care facilities, disability services, imaging and radiation services, ambulance services.

Complaints made about your healthcare experience may include concerns about the performance/conduct of a practitioner, or how a service is operating.

In public and on the street

Vilification is against the law in Queensland.There are two types of vilification under the Act: unlawful vilification, where you can lodge a complaint with the Commission as type of ‘civil’ action; and serious vilification, which is a crime and therefore a police matter.

Unlawful vilification is a public act that incites hatred towards, severe ridicule of, or serious contempt for a person or group because of their race, religion, sexuality, gender identity, or their sex characteristics.

Gender identity vilification has four elements, and a vilification complaint must have all of them:

It happened in public. A public act means:
a. any form of communication to the public, such as speaking, displaying notices, broadcasting, posting on the internet and social media; and
b. any conduct that the public can observe, including actions, gestures, wearing or displaying of clothing, signs, flags, emblems or insignia.
It is capable of inciting. Incite means:
a. to urge on, stimulate or prompt to action.
b. It is not necessary that any particular person was incited.
It is capable of inciting hatred towards, serious contempt for, or severe ridicule of a person or group of persons.
a. Hatred is to detest or intensely dislike someone.
b. Contempt is the attitude that someone is worthless or inferior.
c. Ridicule is making fun of, deriding, or laughing at someone.
d. Serious means important.
e. Severe means harsh or extreme.
Gender identity is a substantial reason for the incitement.

Complaints about unlawful vilification are handled by the Queensland Human Rights Commission through their complaints process.

Contact QLD Police or your local LGBTIQ+ Liaison officer. You can find out more about this process on our page on Police.

In addition to seeking protection from QLD Police, victims of violent crime may be able to seek support from Victim Assist Queensland.

If your complaint is about misconduct by QLD Police, you can file a complaint with Crime and Corruption Commission Queensland.

Breaches of your privacy

Seeking justice

Recognising that interacting with law and justice organisations can be intimidating, it is a good idea to seek advice from a supportive organisation like the LGBTI Legal Service before you proceed with a complaint, so you understand the pros and cons of pursuing any particular pathway.

Australian Human Rights Commission

Queensland Human Rights Commission

The Queensland Human Rights Commission provides information on and receives complaints of discrimination, sexual harassment, vilification and other violations of the Anti-Discrimination Act 1991, as well as complaints related to the Public Interest Disclosure Act 2010. You can find out more about the complaints process and lodge a complaint through their website.

QLD Office of the Health Ombudsman (OHO)

Sometimes, medical treatment may not be acceptable. You have a right to express your concern and to have this heard and acted on. Anyone can make a complaint about a health service.

In some circumstances, your relative, carer or friend may raise concerns or make a complaint on your behalf. A consumer group or advocate can also complain on your behalf.

A complaint can be made in person, by phone, or in writing. The formal complaint process depends on whether you are complaining about a private or a public health service. Find more information about this process on their website.

Commonwealth Ombudsman

They can assist also you to make a complaint to a relevant agency as well. You are able to get in touch with them using their online form or by calling them on 1300 362 072.

QLD Police

In an emergency, dial triple zero (000) for police.
• Dial 131 444 for non-urgent police assistance and general enquiries.
• To speak LGBTIQ+ Liaison Officers, contact your local police station and ask to speak to with a liaison officer.
For more information, check our page on Police.

Victim Assist Queensland

The QLD Government Victim Assist Queensland provides information and advice for victims of crime, including information about support services, victims’ rights and financial assistance.
You can visit their website or call them on 1300 546 587 during business hours.

Crime and Corruption Commission (CCC)

The Crime and Corruption Commission (CCC) is an independent Queensland Government integrity agency created to combat and reduce the incidence of major crime and to continuously improve the integrity of, and to reduce the incidence of misconduct in, the Queensland public sector.

The CCC is Queensland’s police integrity oversight body. It deals with complaints against:
• Queensland public sector agencies (departments, statutory bodies and state-owned corporations) – this includes police, councils, universities, courts, tribunals, boards, and prisons
• Queensland public sector employees of those agencies listed above
• Any person whose conduct is believed to be corrupt or affect the performance of a public sector agency
• Any police officer whose conduct is believed to involve police misconduct
• Conduct involving state and local government politicians that, if proved, would amount to a criminal offence

Downloads

Dating a Trans Person 101: Respect – Gender Minorities Aotearoa (2021)
Consent: Sex and Sexuality for Trans People – Gender Minorities Aotearoa (2022)
10 trans questions to ask a doctor – TransHub
10 tips for clinicians working with trans & gender diverse people – TransHub
Doctor letter: affirm name and pronouns – TransHub

References & Links

QLD Human Rights Act 2019 PDF
– QLD Government
Anti-Discrimination Act 1991 (QLD)
– QLD Government

HYPERLINKS

Queensland Human Rights Commission
LGBTI Legal Service
QLD Office of the Health Ombudsman
AHPRA
QLD Government Victim Assist Queensland
Crime and Corruption Commission

Your Rights in South Australia

SA and federal laws provide protection to trans people whose rights are infringed whether it is at work, in education, when accessing goods, services or public facilities, seeking accommodation, interacting with large organisations or government departments regarding personal information held about you, or safely walking down the street.

Some of the laws providing you protection are complex, and in some cases you have more than one option. Choosing the best option for you is made easier by first getting advice on what might work best for you. So, it is a good to get advice from the Legal Services Commission South Australia on the best avenue for making a complaint, before you do.

Protections against discrimination

Commonwealth and SA anti-discrimination laws protect you against discrimination in certain areas, such as employment, education, and when accessing goods, services, facilities and accommodation.
Laws prohibiting discrimination on the basis of ‘gender identity’ make it unlawful in particular circumstances to:

Refuse or terminate employment, or refuse goods, services or accommodation to someone because they are or are assumed to be trans or gender diverse;
Treat someone less favourably at work, in education or when accessing goods, services, facilities or accommodation than you would otherwise treat a cis person in a similar position;
Disrespect, harass or abuse trans and gender diverse people while at work, when delivering goods and services to them or when interacting with government (such as by misgendering or deadnaming);
Impose unreasonable policies and practices at work, in education and in other public facilities that disadvantage trans and gender diverse people (such as unreasonably limiting their ability to use a bathroom which aligns with their gender).

People who are discriminated against can make a complaint to Equal Opportunity SA (EOSA) or the Australian Human Rights Commission (but not both), if resolving matters directly with your employer or provider doesn’t work. Where to lodge a complaint will depend on what has occurred and what outcome you hope for.

In Healthcare

In addition to general anti-discrimination protections that also apply in healthcare service settings (see above), the Health And Community Services Complaints Commissioner (HCSCC) accepts complaints about any negative treatment you have received from a doctor, nurse, dentist, pharmacist, psychologist, chiropractor, or in a health setting such as public or private hospitals, clinics, medical centres, day surgery centres and the Ambulance Service, among others.

You can make a complaint If your health professional has given you poor advice or treated you poorly when providing you with healthcare services.

In public and on the street

SA prohibits vilification on the basis of gender identity, which includes being trans. Vilification means a public act (such as public statements in the media, on social media or in the street) that could incite hatred, serious contempt or ridicule towards trans people. Vilification provisions do not prohibit reasonable and good faith public discussion/instruction/debate (e.g. for academic, artistic, scientific, research or religious purposes).

Public acts that threaten or incite violence on the basis of gender identity are also criminal offences, and can be investigated by SA Police.

In addition to specific vilification protections, trans people are protected by ordinary criminal laws, such as laws prohibiting assault, sexual assault, other acts of violence or property damage against you. Contact NSW Police or your local GLLO (LGBTIQ+ Liaison officer). You can find out more about this process on our page on Police.

In addition to seeking protection from SA Police, victims of violent crime may be able to seek access to counselling and financial support from Victim Support Service SA.

If your complaint is about misconduct by SA Police, you file a complaint with Office for Public Integrity SA.

Breaches of your privacy

Seeking justice

Recognising that interacting with law and justice organisations can be intimidating, it is a good idea to seek advice from a supportive organisation like the Legal Services Commission South Australia before you proceed with a complaint, so you understand the pros and cons of pursuing any particular pathway.

Australian Human Rights Commission

Equal Opportunity SA (EOSA)

Complaints about discrimination and vilification can be made to Equal Opportunity SA (EOSA).
You can read more about their complaints process on their website.

Health and Community Services Complaints Commissioner (HCSCC)

The HCSCC advises to try and address any problem directly with your health service provider, though acknowledges that that will not always solve the issue, and that you may feel uncomfortable doing so.
You can lodge a complaint using the HCSCC’s online form, download a complaint form, or send a letter to the Commission via mail, email, or fax. Find more information about this process on their website.

Commonwealth Ombudsman

They can assist also you to make a complaint to a relevant agency as well. You are able to get in touch with them using their online form or by calling them on 1300 362 072.

SA Police

In an emergency, dial triple zero (000) for police.
• Dial 131 444 for non-urgent police assistance and general enquiries.
• To speak to a GLLO (LGBTIQ+ Liaison Officers), contact your local police station and ask to speak to with a GLLO.
For more information, check our page on Police.

Victim Support Service SA

Victim Support Service SA provides support for victims of violent crime, including counselling and financial support. Visit their website or call them on 1800 842 846.

Office for Public Integrity SA

The Office for Public Integrity SA accepts complaints about serious misconduct or serious maladministration by the police. Visit their website for further information.

Downloads

Your Rights in Tasmania

In Tasmania, trans people are protected against discrimination, harassment and violence in many areas under state and federal law. Unfortunately, some trans people still experience discrimination and transphobia. No matter how your gender experience manifests, your identity, your history or your expression, you have the right to be safe from discrimination, harm, violence and abuse.

Some of the laws in Tasmania can be difficult to understand. If you are seeking support for discrimination you might want to get legal advice to help you take the next step. In Tasmania, you can access legal advice through TAS Community Legal Centres, including TAS Legal Aid who offer a state-wide free legal service for those on lower incomes.

TAS Department of Justice LGBTIQA+ Action Plan

The TAS Department of Justice LGBTIQA+ Action Plan provides a framework for the Department of Justice to progress a range of issues and initiatives identified as priorities by the LGBTIQA+ community.
The Plan sets out several specific activities, spanning a range of areas including data analysis, policies and communications, workforce and community engagement and legislation, with that aim to support the development and delivery of government policies, programs and services that are accessible to, and inclusive of, LGBTIQA + Tasmanians, their friends and their families.

Protections against discrimination

The 1998 Anti-Discrimination Act of Tasmania is a set of legal protections for gender discrimination. You are protected by these laws whether you have medically, legally or socially affirmed your gender, or not.

Office of the Anti-Discrimination Commissioner (OADC) the office of the Anti-Discrimination Commissioner in Tasmania. Their aim is to foster a society free of discrimination, prejudice, bias, and prohibited conduct. OADC is an independent body responsible for enforcing Tasmania’s anti-discrimination law.

Laws prohibiting discrimination based on ‘gender identity’ or ‘transgender’ status make it unlawful to:

Refuse or terminate employment, or refuse goods, services or accommodation to someone because they are or are assumed to be trans or gender diverse.
Treat someone less favourably at work, in education or when accessing goods, services, facilities or accommodation than you would otherwise treat a cis person in a similar position.
Disrespect, harass or abuse trans people of any gender while at work, when delivering goods and services to them or when interacting with government (such as by intentionally misgendering or deadnaming someone).
Impose unreasonable policies and practices at work, in education and in other public facilities that disadvantage trans people (such as enforcing/limiting which bathroom they use).

However, if your complaint is about discrimination by public agencies, some laws apply only to state but not federal agencies.

In Healthcare

In addition to general anti-discrimination protections that also apply in healthcare service settings, the TAS Health Complaints Commissioner (HCC) accepts complaints about any negative treatment you have received from health professionals, such as doctors, nurses, dentists, pharmacists, psychologists, chiropractors, or in a health setting such as public or private hospitals, clinics, medical centres, day surgery centres, the Ambulance Service and others.

The HCC investigates complaints about health service providers, including public or private hospitals, GP clinics, community health services, and individual health practitioners.

Complaints can cover various aspects, such as treatment, access to services, quality and safety, care and attention, respect and dignity, fees, communication, and handling of complaints.

The HCC advises to try and address any problem directly with your health service provider, though acknowledges that that will not always solve the issue, and that you may feel uncomfortable doing so.

To find out more information about the complaints process and/or to make a complaint you can go to the HCC TAS website. You can also call the Commissioner on 1800 001 170 or email them at he***************@***********as.au.

Do you need a Health Advocate?

Advocacy Tasmania (Advocacy TAS) works with older people, people living with disability or mental health issues, and people who use alcohol or drugs. Advocacy is all about helping you to be heard and understood.

If you have concerns about the conduct or performance of a registered medical practitioner, you can also make a complaint to the Australian Health Practitioner Regulation Agency.

In public and on the street

Vilification means any act (such as public statements in the media, on social media or in the street) that could incite hatred, serious contempt or ridicule towards trans people.

The Tasmanian anti-discrimination laws prohibit conduct that offends, insults, ridicules, humiliates, or intimidates based on various attributes including gender identity. This includes both public and private conduct.

Vilification provisions do not prohibit reasonable and good faith public discussion, instruction or debate (e.g. for academic, artistic, scientific, research or religious purposes).

Public acts that threaten or incite violence based on gender identity are also criminal offences and can be investigated by TAS Police.

In addition to specific vilification protections, trans people are protected by ordinary criminal laws, such as laws prohibiting assault, sexual assault, other acts of violence or property damage against you. For more information, check out our page on police.

Victims of Crime Service

In addition to seeking protection from TAS Police, victims of crime can also to seek access to the following free and confidential supports through the Victims of Crime Service (VCS) which offers free and confidential support, counselling, information, advocacy and referral to other services, as well as assistance with Victim Impact Statements and Victims of Crime Assistance applications.

Services are available statewide and there are offices in Hobart, Launceston and Burnie.

Victims of Crime services can be arranged for people in rural and remote areas.

Contact the Victims of Crime Service on 1300 300 238.

Breaches of your privacy

In Tasmania, privacy and confidentiality are regulated by the Personal Information Protection Act 2004 (The PIP Act). This legislation aims to safeguard individuals’ privacy by controlling how the government collects, uses, and releases records containing sensitive personal information that clearly identifies an individual. The PIP Act gives you the right to complain to the Ombudsman about an alleged breach of principles designed to protect your personal information. You can make a complaint to the TAS Ombudsman after you have raised after attempting to work with an information holder and you are not satisfied with its response.

Seeking justice

Recognising that interacting with law and justice organisations can be intimidating, it is a good idea to seek advice from a supportive organisation like Tas Legal Aid, Equal Opportunity Tasmania (EOT), TAS Refugee Legal Service, Advocacy TAS and/or Working it Out before you proceed with a complaint, so you understand the pros and cons of pursuing any pathway.

Australian Human Rights Commission

Office of the Anti-Discrimination Commissioner (OADC)

The Anti-Discrimination Act 1998 says that you can complain if you are the person who was affected by the discrimination, and you want to complain on your own behalf and/or on behalf of other people who were also affected. You can also have someone complain on your behalf.

Important information

You must complain within 12 months of the discrimination happening.
There are no fees payable for lodging a complaint nor for having it processed.
People of any age can make a complain, but there are special processes if you are under 18.
You do not have to live in Tasmania to complain, if the act happened in or has a clear connection to Tasmania, it is likely to be covered by the Act.

The OADC Complaint Flowchart describes the process once a complaint is lodged with them.

You can contact OADC via:

Phone, 1300 305 062 (in Tasmania) or (03) 6165 7515
E-mail, of****@**********************ov.au
Text, 0409 401 083
Translating and Interpreting Service, 131 450
Office, Level 1, 54 Victoria St, Hobart TAS 7000
Post, GPO Box 197, Hobart TAS 7001

TAS Health Complaints Commissioner (HCC)

The HCC advises to try and address any problem directly with your health service provider, though acknowledges that that will not always solve the issue, and that you may feel uncomfortable doing so.
You can lodge a complaint using the HCCC’s online form, download a complaint form, or send a letter to the Commission via mail, email, or fax. Find more information about this process on their website.

Legal Assistance Services

If you need legal help, there are community organisations, government-funded services and private legal services that can help you.

If you have a legal problem or want to find out information about the law, Tasmania Legal Aid may be able to help. It offers free advice on what you may need to do to solve your legal problem, although it does not give legal advice on all matters.

If you need to find a lawyer, the Law Society of Tasmania can refer you to a solicitor who is practising in the area of law relevant to your problem.

If you have used a lawyer and want to make a complaint or ask a question about the service you received, the Legal Profession Board of Tasmania can help.

Community Legal Centres

TAS Community Legal Centres provide free or low-cost legal services to the community.
TAS Aboriginal Legal Service provides culturally safe, holistic and appropriate legal services for Aboriginal Tasmanians and Torres Strait Islander people in TAS.

Advocacy Tasmania (Advocacy TAS)

If you’re an older trans person, or a person with disability or mental health issues, or you’re someone who uses alcohol or drugs, Advocacy TAS provides a free and confidential service that is all about helping you to be heard, understood, and to fix problems or change things that don’t feel right.
If you’re unable to speak for yourself, find it difficult, or you just don’t know how to fix a problem, Advocacy TAS can help. If you only want information and to discuss options to fix things yourself Advocacy TAS can get you the correct information, so you can consider your options to make an informed decision that’s best for you.

Get in contact via:

Call,1800 005 131 (Monday-Friday, 9am-5pm)
Text, 0457 806 963
Email, co*****@********as.org
Post, PO Box 426, Sandy Bay, TAS, 7006

Advocacy TAS also run the Tasmanian Elder Abuse Helpline:

1800 441 169 (Monday-Friday, 9am-5pm)
Email he******@********as.org

Commonwealth Ombudsman

They can assist also you to make a complaint to a relevant agency as well. You are able to get in touch with them using their online form or by calling them on 1300 362 072.

TAS Police

In an emergency, dial triple zero (000) for police.

Dial 131 444 for non-urgent police assistance and general enquiries.
To speak to a LGBTIQA+ Liaison Officers, contact your local police station and ask to speak to with a liaison officer.

For more information, check our page on Police.

Victims of Crime Service

Victims of Crime Service provides support for victims of violent crime, including counselling and financial support. Visit their website or call them on 1800 633 063 during business hours (or 1800 019 123 for the Aboriginal Contact Line).

Other Services

Aged care providers
The Aged Care Quality and Safety Commission provides a free service for anyone to raise a concern or make a complaint about the quality of care or services provided to people receiving Australian Government funded aged care.

Disability service providers
The NDIS Quality and Safeguards Commission accepts complaints from anyone about NDIS providers, services or supports that were not provided in a safe and respectful way or to an appropriate standard.

Private Health Insurance
The role of the Private Health Insurance Ombudsman is to protect the interests of private health insurance consumers in a number of ways. This is managed through the Commonwealth Ombudsman.

Breaches of privacy and access to medical records
The Office of the Australian Information Commissioner is the independent national regulator for privacy and freedom of information. They promote and uphold your rights to access Commonwealth government-held information and have your personal information protected. You are also able to access your personal information under the Tasmanian Personal Information Protection Act and the Right to Information Act 2009.

Orders made by the Mental Health Tribunal
The Mental Health Tribunal can review decisions about a patient’s treatment, to make sure it remains appropriate and effective and whether the patient still needs to be on an order. You can also contact Advocacy Tasmania if you need help to talk to the Mental Health Tribunal.

Orders made by the Guardianship and Administration Board
The Guardianship and Administration Board can make orders appointing a guardian or an administrator to make decisions on your behalf. If you disagree with the order, you can contact the Board, or you can also contact Advocacy TAS if you need help to talk to the Board.

Complaints about the Public Guardian
You can lodge complaints about any Office of the Public Guardian service via letter, telephone, fax or email.

Downloads

References & Links

SOURCES
Tasmanian Anti-Discrimination Act (1998)
Personal Information Protection Act 2004 (The PIP Act)

LINKS
Anti-Discrimination Commissioner : Home
TAS Legal Aid
Advocacy TAS
Community Legal Centres TAS
Health Complaints Commissioner TAS
Australian Human Rights Commission
TAS Aboriginal Legal Service | TALS
TAS Refugee Legal Service (trls.org.au)

RESOURCES
Tasmanian Anti-Discrimination Act -1998-046 (legislation.tas.gov.au)
Australian Human Rights Commission Resilient Individuals: Sexual Orientation, Gender Identity & Intersex Status Rights Report 2015)
Equal Opportunity TAS Complaint Flowchart
Whole-of-Government Framework for Lesbian, Gay, Bisexual, Transgender and Intersex Tasmanians (dpac.tas.gov.au)
TAS Department of Justice LGBTIQA+ Action Plan
The 2015 Whole-of-Government Framework for Lesbian, Gay, Bisexual, Transgender and Intersex Tasmanians

Your Rights in Victoria

Commonwealth and VIC anti-discrimination laws protect trans people against discrimination in certain areas, such as employment, education, and when accessing goods, services, facilities and accommodation.

It’s important to recognize that there are some missing parts in these laws. For instance, certain religious groups and private schools are not required to follow them or are ‘exempt’ from some sections. It is also possible for organisations to request a temporary exemption from a discrimination law if the intent is justified. If you have experienced discrimination by public agencies, some laws apply only to state but not federal agencies.

Discrimination law encourages people to first try to resolve the discrimination directly with the parties involved. For example, if it’s at work you can bring it up with HR, or at a service you can make a complaint internally first.

However, if it can’t be resolved directly, you can make a complaint to:

Examples of discrimination on the basis of gender identity might be:

Refusing to use someone’s correct name and pronouns. (However, genuine mistakes don’t count as discrimination is when it is done in a way that indicates hostility.)
A school insisting a student wear the uniform and use the bathroom facilities of their sex assigned at birth.
Clothes shop not allowing a trans person to use the changing facility that aligns with their gender.
Not serving someone at a shop or restaurant because of how they look.
A landlord not letting a property to someone because they are trans or restricting their use of publics spaces (e.g. the shared laundry and garden).

In Healthcare

Anti-discrimination protections apply in healthcare service settings. There are a handful of ways you can make complaints about receiving negative treatment when accessing healthcare in Victoria:

Directly with the VIC Department of Health via an online form
The Mental Health & Wellbeing Commission, via an online form or email
VIC Health Complaints Commissioner (HCC)

In public and on the street

Victorian law prohibits the discrimination of a person based on their gender identity, sexual orientation or sex characteristics. This covers to the protection of a trans person experiencing harassment due to their gender in public and on the street.

Public acts that threaten or incite violence on the basis of gender identity are also criminal offences and can be investigated by VIC Police.

VIC vilification law does not yet extend to gender identity. Vilification means a public act (such as public statements in the media, on social media or in the street) that could incite hatred, serious contempt or ridicule.

However, these acts could be described as discriminatory so you can still investigate legal action if someone engages in this kind of act against you based on your trans identity. You are also protected by ordinary criminal laws, such as laws prohibiting assault, sexual assault, other acts of violence or property damage against you.

You can contact VIC Police or your local LGBTIQA+ Liaison Officers. To find out more, check out our page on Police.

None of these discrimination provisions prohibit reasonable and good-faith public discussion/instruction/debate (e.g. for academic, artistic, scientific, research or religious purposes), which is an avenue some people try to use to get away with discriminatory speech.

In addition to seeking protection from VIC Police, victims of crime can seek access to counselling and financial support from the Victims of Crime Helpline. If your complaint is about misconduct by VIC Police, you can file it directly to VIC Police or the Independent Broad-based Anti-Corruption Commission (IBAC).

Breaches of your privacy

Government agencies and many large organisations that hold your personal information have obligations about your privacy. This includes the right, in certain circumstances, to correct personal information they hold about you which is inaccurate (such as incorrect gender markers), or to prevent personal information which misgenders you from being used or shown to others without your consent.

If an organisation or agency has mishandled your personal information (such as information about your gender or trans experience, deadname or pronouns) you may be able to lodge a complaint with the Office of the Australian Information Commissioner (OAIC), instead of a discrimination complaint with one of the anti-discrimination bodies listed elsewhere.

Conversion Practices

The Act follows a trauma-informed framework and intends resolutions to be person-centered, with lived experience consultants involved.

Seeking justice

Recognising that interacting with law and justice organisations can be intimidating, it is a good idea to seek advice from a supportive organisations like Q+Law or Legal Aid Victoria before you proceed with a complaint, so you understand the pros and cons of pursuing any particular pathway. Though, you do not need to have a lawyer to make a complaint.

When sending a complaint, it’s important to be clear about the actions you or the organisation/person at fault should undertake to remedy the situation. It can be a good idea to suggest tangible outcomes such as training, a statement of apology, compensation and/or reinstatement.

Victorian Equal Opportunity and Human Rights Commission

The Victorian Equal Opportunity and Human Rights Commission is an independent commission that can help with complaints related to discrimination, sexual harassment, religious or racial vilification, and victimisation. They offer an informal conciliation complaints process where both parties can share and hear each other’s stories, understand the impact and find an outcome for both parties. They process most complaints within 6 months; however, they will fast-track any urgent complaints (e.g. a person is about to lose their job).

The service offered by Victorian Equal Opportunity and Human Rights Commission is free to access and voluntary for everyone involved. It is a simple alternative to lodging a complaint with VCAT (see below). They act independently, so do not take sides and can offer advice if you are not sure if you are ready to make a complaint.

You can send a complaint:

Via an online form
By emailing en*******@************ov.au
Or calling 1300 292 153

You can make a complaint in any language and request for an interpreter to be arranged (including Auslan) to help throughout the process. You can also ask someone else to make a complaint on your behalf or do so on behalf of another person. The Commission will ask for consent to be given for another person to act on anyone else’s behalf.

Victorian Civil and Administrative Tribunal (VCAT)

For a more formal complaint, you can apply for an order (make a legal complaint) through the Victorian Civil and Administrative Tribunal (VCAT). It is encouraged you get legal advice before starting this process to ensure you are well informed and prepared for the best outcome. VCAT hears complaints in a formal legal format. They either work with both parties to settle or hold a hearing and any decisions made at the hearing must be followed by both parties involved.

You can lodge a complaint via:

An online form
Downloading a PDF
- Emailing it to hu*********@**********ov.au
- Sending it by post
- Delivering it in person to VCAT

It is free to lodge a complaint and attend hearings about your complaint unless you are requesting an exemption from any provision of discrimination law.

You can represent yourself at VCAT, but as it is a legal process, it is recommended you get legal advice before you do so. You will need to provide evidence and be prepared to negotiate for the outcomes you are looking for.

There are some instances that VCAT won’t be able to help you as the dispute must be resolved in court. These are instances where the federal government jurisdiction applies. For example, the complaint involves the constitution, the other party lives in another state or territory or is the Commonwealth government, or the law incited is made by the federal government.

It can take anywhere from several weeks, to months or occasionally years to resolve a complaint with VCAT. When you first reach out to them with your complaint, they will send you information on their current waiting periods and expected timelines depending on the area you are contacting them about.

VIC Health Complaints Commissioner (HCC)

The VIC Health Complaints Commissioner (HCC) is an independent statutory authority who can accepts complaints about any negative treatment you have received from any healthcare provider including: a doctor, nurse, dentist, pharmacist, psychologist, chiropractor, or in a health setting such as public or private hospitals, clinics, medical centres, day surgery centres and the Ambulance Service, among others.

If your health professional has given you poor advice or treated you poorly when providing you with healthcare services, you can make a complaint. The HCC offers advice on actions you could take to resolve the issue. Or can assist in the resolution of complaints, including getting reasoning, apologies and refunds. It can also investigate serious complaints that raise questions of public health and safety and prosecute serious complaints, in order to protect the public.

The HCC asks that you lodge your complaint with your provider before approaching them to see if the issue can be resolved directly. However, if this hasn’t worked or you feel unable to do so, then you can engage HCC to offer advice or help you in your complaint.

When making a complaint about your healthcare it is important to be specific about what happened, when it happened and how it went wrong. Be specific about what you want to achieve through your complaint (e.g. an apology, a refund, further training by the staff).

Resolving a complaint through the HCC is not a legal process. They will assess your complaint and recommend if they think another office or agency is better equipped to help you. HCC works with a conciliation framework.

You can make a complaint:

Online via a form
Over the phone, Mon-Fri 9:30am – 3pm P: 1300 582 113
Written and sent via post

You can request a translator to help you in any language (including Auslan) and can make use of the National Relay service throughout your process.

Note: If you reach out, be aware that the HCC complaint forms have gender options limited to ‘Male,’ ‘Female,’ ‘Transgender’ and ‘Prefer not to say.’ It is not a compulsory question, so until this can be updated if you do not feel comfortable with any of these, you can leave it blank.

Australian Human Rights Commission

Commonwealth Ombudsman

They can assist also you to make a complaint to a relevant agency as well. You are able to get in touch with them using their online form or by calling them on 1300 362 072.

VIC Police

In an emergency, dial triple zero (000) for police.

Dial 131 444 for non-urgent police assistance and general enquiries.
To speak to a LLO (LGBTIQA+ Liaison Officers), contact your local police station and ask to speak to with a LLO.

For more information, check our page on Police.

Law Enforcement Complaints

Most complaints about law enforcing officers in VIC should be lodged directly with the Police Conduct Unit. The Victoria Police complaint forms can be submitted online via their website.

The Independent Broad-Based Anti-Corruption Commission (IBAC) is an independent organisation that can investigate serious corruption and offenses. If your complaint is not considered serious, they may hand it over to the Police Conduct Unit to handle. To make a complaint through IBAC, head to their website and download a complaint form.

Victims of Crime Helpline

Victims of Crime Helpline offers services for anyone who has been affected by crime. You can access free advice, apply for financial services and access other support services including counselling, transport and medical services.

Contact the helpline:

Open: 8am–11pm, 7 days a week
Call: 1800 819 817
Text: 0427 767 891
Email: *@*************ov.au“> vs*@*************ov.au

Downloads

Dating a Trans Person 101: Respect – Gender Minorities Aotearoa (2021)

Consent: Sex and Sexuality for Trans People – Gender Minorities Aotearoa (2022)

10 trans questions to ask a doctor – TransHub

10 tips for clinicians working with trans & gender diverse people – TransHub

Doctor letter: affirm name and pronouns – TransHub

References & Links

CITED/ REFERENCED SOURCES

Victims of Crime | Home

Independent Broad-based Anti-Corruption Commission (IBAC) | Home

VIC Department of Health | Feedback and Complaints

5Mental Health & Wellbeing Commission | Feedback and Complaints

Health Complaints Commissioner (HCC)| Home

Change or Suppression (Conversion) Practices Prohibition Act 2021

Victorian Equal Opportunity & Human Rights Commission | Home

Office of the Australian Information Commissioner | Home

Q+Law

Legal Aid Victoria | Home

Victorian Civil & Administrative Tribunal (VCAT) | Home

Australian Human Rights Commission | Home

Commonwealth Ombudsmen | Home

Your Rights in WA

Whether it is at work, in education, when accessing goods, services or public facilities, seeking accommodation, interacting with large organisations or clubs, or safely walking down the street, WA and federal laws provide protection to trans people whose rights are infringed.Some of the laws providing you protection are complex, and in some cases you have more than one option. Choosing the best option for you is made easier by first getting advice on what might work best for you. So, it’s good to get advice from WA Legal Aid on the best avenue for making a complaint, before you do.

Protections against discrimination

Commonwealth and WA anti-discrimination laws protect trans people against discrimination in certain areas, such as employment, education, and when accessing goods, services, facilities and accommodation.

Laws prohibiting discrimination on the grounds of ‘gender identity’ or ‘gender history’, make it unlawful in particular circumstances to:

Refuse or terminate employment, or refuse goods, services or accommodation to someone because they are or are assumed to be trans or gender diverse;
Treat someone less favourably at work, in education or when accessing goods, services, facilities or accommodation than you would otherwise treat a cis person in a similar position;
Disrespect, harass or abuse trans and gender diverse people while at work, when delivering goods and services to them or when interacting with government (such as by misgendering or deadnaming);
Impose unreasonable policies and practices at work, in education and in other public facilities that disadvantage trans and gender diverse people (such as unreasonably limiting their ability to use a bathroom which aligns with their gender).

People who are discriminated against can make a complaint to the WA Equal Opportunity Commission or the Australian Human Rights Commission (but not both), if resolving matters directly with your employer or provider doesn’t work. Where to lodge a complaint will depend on what has occurred and what outcome you hope for.

In Healthcare

In addition to general anti-discrimination protections that also apply in healthcare service settings, the WA Health and Disability Services Complaints Office (HaDSCO) accepts complaints about any negative treatment you have received.

HaDSCO accepts complaints about any health, mental health or disability services (not covered by the NDIS). This includes public and private hospitals, ambulance services and alternative health providers such as naturopaths and massage therapists.

If your health professional has given you poor advice, refused to provide you with service, or treated you poorly when providing you with healthcare services, you can make a complaint. These complaints must be made within two years of the occurrence, unless something has prevented you from making the complaint in this time period, which can be considered ‘extenuating circumstances.’

Complaints to HaDSCO, if successful, can allow you to access a service, to receive a refund or fee waiver, to receive an apology or explanation, access to health records, further investigation into the situation, and/or service improvements to prevent it happening again.

In public and on the street

In WA, unfortunately there are no local or federal laws that protect trans people against vilification. Vilification means a public act (such as public statements in the media, on social media or in the street) that could incite hatred, serious contempt or ridicule towards a group of people.

However, trans people are protected by ordinary criminal laws, such as laws prohibiting assault, sexual assault, other acts of violence or property damage against you. If you choose to, you can contact WA Police. Find out more on our page about police.

Victims of violent crime may be able to seek access to counselling and financial support from Victim Support Services, who are available at any court in WA. If your complaint is about misconduct by WA Police, you can make a complaint to the WA Police, the Ombudsman WA, or the Corruption and Crime Commission (CCC).

Breaches of your privacy

Legal Gender and Discrimination

Your protections against discrimination may look different depending whether you are looking at WA state or federal law.

WA State Law

The WA Equal Opportunity Act 1984 offers protection against discrimination based on “gender history” if you are a “gender reassigned person.” The Act defines a gender reassigned person as “a person who has been issued with a recognition certificate under the Gender Reassignment Act 2000 or a certificate which is an equivalent certificate for the purposes of that Act.” For the purposes of the Act, a person has a gender history if “the person identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex.”

This means that the act does not offer protection to trans and gender diverse people who do not have a recognition certificate. This is obtained when you change your legal gender marker. This means protection under the Act is limited, as you may not want to, or may not be able to, obtain a recognition certificate.

We recognize this legislation can be restrictive, and that all trans and gender diverse people should be protected against discrimination under the law, regardless of whether they’ve sought legal gender affirmation. Your experiences are still real and valid, whether they are currently recognised under the law or not.

Federal Law

Federal law, and even international (human rights) laws may be able to provide you with protection whether you have updated your legal gender or not.

The Sex Discrimination Act 1984 is federal legislation, meaning it applies to every state in Australia. The act describes gender identity as “the gender-related identity, appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.” No matter how you choose to affirm who you are, it is unlawful to be discriminated against because of your gender.

Discrimination is a complex area of the law, which is why it’s best to obtain legal advice on where/ how to make a complaint.

Seeking justice

Recognising that interacting with law and justice organisations can be intimidating, it is a good idea to seek advice from a supportive organisation like the Legal Aid WA before you proceed with a complaint, so you understand the pros and cons of pursuing any particular pathway.

Australian Human Rights Commission

Equal Opportunity Commission WA

Complaints about discrimination, harassment or victimisation can be made to the Equal Opportunity Commission. The Equal Opportunity Commission provides community education and training around discrimination, harassment and victimisation and handle complaints related to these areas.

The Equal Opportunity Commission can process and respond to your complaint or refer it to a more appropriate place such as the State Administrative Tribunal.

Complaints to the Commission must be in writing and can be in your first language. The incident/incidents must have occurred within 12 months of making the complaint.

For more information on the Equal Opportunity Commission, visit their website. To make a complaint, you can do so online or print the PDF at the bottom of the page and send it via mail or email.

Health and Disability Services Complaints Office

Complaints relating to health, disability and mental health services in Western Australia and the Indian Ocean Territories can be made to the Health and Disability Services Complaints Office (HaDSCO). Complaints to HaDSCO can cover public, private, not-for-profit sectors, prison health services and immigration detention centres.

HaDSCO can assist you to resolve issues with health service providers. Once you’ve submitted a complaint to them, they’ll then assess your request to see if they’re the right service provider to address it. If they accept your complaint, they will attempt to resolve the issue in one of three ways:

Negotiated settlement: HaDSCO will facilitate a back-and-forth exchange between the consumer and service provider until a resolution is reached, or if it’s determined that a resolution isn’t possible.
Conciliation: this involved meetings between the consumer and service provider that HaDSCO facilitates, until a mutually agreeable outcome is reached, unless this becomes impossible.
Investigation: a formal process where HaDSCO will review the service provider’s actions to determine whether unreasonable conduct has occurred.

For more information on what they cover, visit their website. You can also look at their FAQ page for a better idea of the scope of their services.

Commonwealth Ombudsman

They can assist also you to make a complaint to a relevant agency as well. You are able to get in touch with them using their online form or by calling them on 1300 362 072.

WA Police

In an emergency, dial triple zero (000) for police.

Dial 131 444 for non-urgent police assistance and general enquiries.

For more information, check our page on Police.

Victim Support Service WA

The Victim Support Service is a free service for victims of violent crime. You can access the service through any court in WA. Trained staff can assist with:

Counselling and support
Accessing services such as counselling, legal, medical and other relevant services
Information on the status of police investigations
Information about ongoing court matters and preparing for court and in court support
Help to write a victim impact statement
Help with enquiries about your rights in the criminal justice system, including criminal injuries compensation claims.

Visit their website for more information, or call them on (08) 9425 2850 or 1800 818 988.

Corruption and Crime Commission

The Corruption and Crime Commission (CCC) accepts complaints about serious misconduct within the WA public sector, including within the WA police force.

Although you can submit a report anonymously, the Commission states that it is more difficult to assess this way, as they will be unable to contact you if more information is required.

You are able to report corruption through their website, by calling them on 1800 803 186, or by printing their form from here, and mailing it to the address listed.