The Anti-Discrimination Act 1998 makes it unlawful to directly or indirectly discriminate on the basis of certain grounds (‘attributes’), including sexual orientation, lawful sexual activity, gender, gender identity, sex characteristics, marital status, relationship status, pregnancy, breastfeeding, parental status, family responsibilities, irrelevant medical record, association with a person who has, or is believed to have, any of these attributes. Additionally, the Act prohibits inciting hatred towards a person on the grounds of their race, disability, religious beliefs, sexual orientation or lawful sexual activity, or gender identity or sexual characteristics, as well as harassment, sexual harassment, and victimization towards a person based on protected attributes or their intent to file a claim under this Act. It also prohibits a person from promoting discrimination through a sign, notice, or advertisement.
The Act also establishes the Anti-Discrimination Commissioner to investigate and resolve complaints. Complaints can be initiated by the person targeted by the discrimination, a trade union, or another representative for the targeted person. The Commissioner can also investigate any discrimination or prohibited conduct without the lodgment of a complaint if the Commissioner is satisfied there are reasonable grounds for doing so.