Older people's rights

This page provides information to help you understand your rights.

Work

As an older person, you have the right to protection from discrimination, including at work.

You must not be treated unfairly because of your age or any other protected attribute at work, including in relation to recruitment, training, promotions and termination.

Only a small number of professions can lawfully set a compulsory retirement age. Employers must not dismiss you or force you to retire on the basis of your age.

Learn more about age discrimination at work.

Housing

You have the right to protection from discrimination in relation to housing.

You must not be treated unfairly because of your age or any other protected attribute in relation to accommodation, including when you are renting, applying for housing, or using short-term accommodation.

Example of age discrimination in housing

An older person’s application for a rental property is refused because the landlord assumes they will not maintain the property due to their age.

Learn about age discrimination in accommodation.

If a public entity (e.g., a government department) makes a decision that interferes with your housing, this may limit your human rights.

For example: a decision to remove a homeless person from a public space without providing alternative short-term accommodation may limit the right to freedom from cruel, inhuman or degrading treatment.

For example: a decision to remove a homeless person from a public space without providing alternative short-term accommodation may limit the right to freedom from cruel, inhuman or degrading treatment.

If you believe you have experienced discrimination or your human rights have been limited you can make a complaint to the Commission.

Goods and services

You must not be treated unfairly because of your age when accessing good or services. This includes:

at shops
in restaurants
on public transport.

Example of age discrimination in goods and services

A fitness centre refuses to sell memberships to people over 65 because ‘they’re too much trouble’.

Learn more about discrimination in the provision of goods and services.

Healthcare

You have the right to access healthcare.

Healthcare providers must treat you fairly, regardless of your age or any other protected attribute.

Learn more about the right to access healthcare.

Support for vulnerable older people

Some older people are at higher risk of experiencing discrimination.

Aboriginal and Torres Strait Islander Elders

Learn about your rights, including cultural rights and protections against discrimination.

Aboriginal and Torres Strait Islander rights

Older people with disabilities

Duty holders, including employers, education providers, accommodation providers and providers of goods and services must provide ‘special services or facilities’ to help a person with a disability (impairment) to access a service, job or opportunity, unless doing so would cause the duty holder ‘unjustifiable hardship’.

Special services or facilities are sometimes referred to as ‘reasonable accommodations’ or ‘reasonable adjustments’.

Examples include:

modifying a work station
adjusting tasks or hours
offering information in accessible formats
providing communication support
allowing extra time to complete forms or assessments.

Whether supplying special services or facilities would cause unjustifiable hardship depends on:

the nature of the special service or facility
the cost of providing it
the financial circumstances of the provider
any disruption that might be caused
the numbers of people benefited or disadvantaged, and the nature of the benefit or detriment.

Learn about disability (impairment) discrimination.

Elder abuse

Elder abuse is when someone in a position of trust harms you. This abuse can be intentional or unintentional and may include:

emotional
financial
physical
sexual
neglect.

It often happens within families or close relationships.

Abuse can include:

threats
isolation
taking money or property
neglecting care
physical and emotional harm.

If you believe you have experienced abuse, you should report this to police.

If there is an emergency, contact 000.

You can also call 1800 ELDERHelp (1800 353 374), the National Elder Abuse phone line, or find help on https://www.compass.info/service-providers/

Case of unfair treatment of older person in work

When a volunteer at a charity turned 80 years of age he was told he could no longer work at the organisation because its workplace insurance only covered staff and volunteers up to the age of 80. He complained to the Commission so as to engage the Commission's conciliation process to negotiate with the charity.

During the conciliation process the parties acknowledged the need to balance the risks and financial resources of the not-for-profit organisation with the benefits of highly valued volunteers performing meaningful work in the community. The charity contacted its insurer and was able to extend the workplace insurance to cover all of its volunteers until the age of 85. This change to the policy resolved the complaint and the man was able to immediately return to volunteer work with the organisation.

Read all age-related case studies.

How to stand up for your rights

If you believe you have been discriminated against because of your age or another attribute, or if you believe a public entity has limited your human rights you can make a complaint to the Queensland Human Rights Commission.

Find out more about our complaints process

Contact us

If you have questions about your rights or need help resolving an issue, please contact us.

Quick links

Inquiry into elder abuse in Queensland

DOCX/113.9 KB

Download

_{Header photo credit: QHRC}