Courts and Tribunals Tasmania

About The Tribunal 

The Anti-Discrimination Tribunal is established by the Tasmanian Anti-Discrimination Act 1998 and its main purpose is to conduct Inquiries concerning complaints about conduct prohibited by the Act.

Complaints which can be heard by the Tribunal

The Tribunal can hear complaints of discrimination on any of the following grounds:

  • race
  • age
  • sexual orientation
  • lawful sexual activity
  • gender identity
  • intersex
  • marital status
  • pregnancy
  • breastfeeding
  • parental status
  • family responsibilities
  • disability
  • industrial activity
  • political belief or affiliation
  • political activity
  • relationship status
  • religious belief or affiliation
  • religious activity
  • irrelevant criminal record
  • irrelevant medical record
  • association with a person who has, or is believed to have, any of these attributes.

Further, the Tribunal hears complaints of sexual harassment and also prohibited conduct (which includes offensive or humiliating conduct: see s17) based on race, age, disability, sexual orientation, lawful sexual activity, gender identity, intersex, gender, marital status, pregnancy, breastfeeding, parental status, and family responsibilities. Other grounds of complaint are victimisation relating to complaints or proceedings under the Act and inciting hatred on the ground of race, disability, sexual orientation, lawful sexual activity, religious belief or affiliation or religious activity.

The areas of activity which are covered by the Act concern:

  • employment
  • education and training
  • membership and activities of clubs
  • provision of facilities, goods and services
  • accommodation
  • administration of any law of the State and any State program
  • awards, enterprise agreements and industrial agreements

(Complaints involving inciting hatred are not limited to these areas of activity).

Making a complaint

Complaints are lodged with the Office of the Anti-Discrimination Commissioner at:

 
Office of the Anti-Discrimination Commissioner
Level 1
54 Victoria Street
HOBART TAS 7000
Telephone: (03) 6165 7515 or 1300 305 062 (outside Hobart area)
Website: www.antidiscrimination.tas.gov.au
E-mail: antidiscrimination@justice.tas.gov.au 

The Office of the Anti-Discrimination Commissioner is responsible for investigation of complaints. The Commissioner may refer the complaint to the Tribunal after it has been investigated and if it cannot be resolved by conciliation.

What happens when a complaint is referred to the Tribunal for Inquiry?

After a complaint is referred to the Tribunal for Inquiry the parties will receive a letter advising them of a date for a Directions Conference.

At the Directions Conference the Tribunal will make directions to ensure that the Inquiry is conducted fairly and expeditiously. Often a time-table is set to require the parties to prepare and exchange documentation. If a party wishes to be legally represented or accompanied by a person at the Inquiry then permission may be sought at the Directions Conference.

When the directions have been complied with the complaint is listed for Inquiry.

Orders of the Tribunal

Once an Inquiry has been held and if the complaint is substantiated the Tribunal may make an enforceable order. The orders which can be made by the Tribunal are set out in the Act and include orders as follows:

  • The discrimination or prohibited conduct must not be repeated or continued
  • The respondent must redress any loss, injury or humiliation
  • The respondent must pay compensation
  • The complainant must be re-employed
  • The respondent apologise to the complainant
  • If the complaint is not substantiated then the complaint is dismissed

Address and Contact details of the Tribunal

The Anti-Discrimination Tribunal is located at the Magistrates Court, Hobart. The address is:

 
Anti-Discrimination Tribunal
23 - 25 Liverpool Street
HOBART TAS 7000
Telephone: (03) 6165 7151
Fax: (03) 6233 5068
E-mail:  Anti Discrimination Tribunal