What is age discrimination?

In Australia, in 2004, the Age Discrimination Act 2004 (Cth) was passed which was a major reform in relation to discrimination. Australia was one of the first countries in the world to adopt anti-discrimination legislation which would protect people from this type of discrimination. As a young person or an old person, you are protected from discrimination in Australia on the basis of age. There is also a common perception that discrimination only occurs at work. However, the anti-age discrimination law applies to many other areas of life such as:

Work – such as getting a job, terms and conditions of a job, training, promotion, dismissal and redundancy.

Education – whether enrolling or studying at school, TAFE, university or other educational institutions.

Accommodation – renting or buying an apartment or house.
Getting or using services – at shops, restaurants, banks, theatres, sports and social clubs, public transport, dentists, doctors, superannuation, insurance, credit and government services.

Access to premises – going to public places like entertainment venues, shopping centres, libraries and parks.

Commonwealth Government laws or programs

When can I make a complaint?

It is also believed that age discrimination is one of the most common forms of discrimination you can make a complaint if you feel that, because of your age, you have been:

refused employment;
dismissed;
denied a promotion, transfer or other employment-related benefits;
given less favourable terms or conditions of employment;
denied equal access to training opportunities;
selected for redundancy; or
harassed.

It doesn’t matter if you are applying for a job, an apprentice or trainee, on probation, work part-time or full-time, or if you are a casual or permanent employee – you’re protected by the Act. The law covers all types of employers, including: the Commonwealth and state governments; the private sector; charities and associations; as well as contract and commission-based work; and recruitment and employment agencies. Employers have a legal responsibility to take ‘reasonable precautions’ and exercise ‘due diligence’ to avoid discrimination against young and mature age workers. If you believe that you have been discriminated against in relation to your employment or any other relevant aspect of your life, please do not hesitate to contact us about this using any of the contact forms available on this site.