Learn more about discrimination and understand discrimination in the workplace
Why accepting responsibility matters
The Anti-Discrimination Act 1991 helps create workplaces, schools, and communities where everyone is treated fairly and respectfully. By recognising and accepting your responsibilities, you can help prevent harm and promote equality for everyone.
Understanding your responsibilities
Discrimination
To provide protection from discrimination, it’s unlawful if you discriminate against a person because of their personal attributes or characteristics, as outlined in the Act, in these areas of your life:
- Work: Work and work-related (including selecting a person for a position; the terms and conditions of a person’s work, whether they are a volunteer, part-time, contract worker, or undertaking work experience; or treating a worker unfavourably in connection with work)
- Education: At school, university, or a training institution (including deciding student admissions, the terms and benefits of a student’s enrolment, or treating a student unfavourably in connection with their education)
- Goods and services: When you are providing goods or services (including failing to supply goods or services to a person, the terms or way in which you supply them, or treating a person unfavourably in connection with)
- Accommodation: Including when you are providing residential and commercial premises (including failing to accept or renew an application for accommodation, including for a person who relies on a guide, hearing, or assistance dog, or the terms on which the accommodation is offered)
- State laws and programs: Including when you are performing a function, exercising power, or carrying out a responsibility under a State law or program
- Clubs: In relation to membership and club affairs, excluding not-for-profit associations
- Superannuation and insurance: When you are supplying superannuation or insurance (including failing to supply the terms or way in which you supply them)
- Disposing of land: Selling or the transfer of land (including by failing to sell or transfer to a person or the terms on which the land is offered)
- Local government: When you are an elected local government member and performing official functions.
In these areas of your life, understanding your responsibilities under the Act may prevent a complaint of discrimination or harassment being made against you to the Commission.
Sexual harassment and vilification
Sexual harassment is unlawful wherever it occurs and vilification is unlawful when it is a public act.
- Sexual harassment occurs when someone engages in unwelcome conduct of a sexual nature in relation to another person.
- Vilification involves a public act that urges hatred towards, serious contempt for, or severe ridicule of a person or group because of their race, religion, sexuality, sex characteristics, or gender identity.
If you engage in such behaviour, the person affected can make a complaint to the Commission. If the behaviour involves violence or threats of violence, this can be a criminal offence and should be reported to the police.
Learn more about sexual harassment and vilification.
What you can do as a bystander
A bystander is someone who sees discrimination, harassment, or vilification take place, but who isn’t the perpetrator or its victim.
As a bystander, you play an important role in preventing discrimination, harassment, or vilification from escalating. While you’re not legally required to act, stepping in to address harmful behaviour can make a big difference – provided it’s safe to do so.
Here are some ways you can help.
Intervening in person
If you witness harmful behaviour, you could:
Speak up calmly: all out the inappropriate behaviour in a non-confrontational way. For example:
- ‘That’s not okay. Please stop.’
- ‘It’s not right to treat people like that.’
- ‘Laws protect people from being vilified or harassed – you could be breaking the law.’
Diffuse the situation with a distraction: Shift the focus by asking a random question, such as the time or directions to a particular place.
These actions can discourage the perpetrator and give the person being targeted a chance to leave safely.
Supporting the victim
You can directly support the person being targeted by:
- Checking if they’re okay: Ask if they need help or someone to talk to.
- Offering to stay with them: Help them find a safe place.
- Helping them contact a friend or family: Offer help to connect with someone they trust.
- Encouraging them to seek help: Let them know about organisations or services that can assist.
- Advising them to report to the police: If the incident involves violence or threats of violence, suggest this as an option.
- Giving your details: Offer to be a witness if they decide to lodge a complaint.
If anyone has been physically harmed, you should seek medical assistance immediately.
Recording the incident
If it’s safe to do so, you can document the incident by:
- Taking videos or photos, for example, capture vehicle registration plates or other identifying details.
- Writing down important details, include information such as witness names, the time, and the exact location. Location details can help retrieve CCTV footage.
This evidence can be useful when lodging a complaint to the Commission or reporting the incident to the police.
Intervening online
Harmful behaviour doesn’t just happen in person – it can occur through posts, comments, or messages. If you see something discriminatory, harassing, or offensive online, here are some steps you can take:
- Don't amplify the content: Avoid sharing or spreading offensive material.
- Engage respectfully: If you feel comfortable, you could respond to the person posting the content in a way that makes it clear you don't agree. For example, you might say, ‘I don’t think this is appropriate’ or ‘This kind of comment can really hurt people’.
- Report the post: Social media platforms have policies against bullying, harassment, hate speech, and discrimination. Use their reporting tools to flag inappropriate content.
- Take a screenshot: Save evidence of the post or comment in case a formal complaint needs to be made to the Commission.