About the Age Discrimination Act
Age Discrimination
What is the Age Discrimination Act?
The Age Discrimination Act 2004 (Cth) (ADA) makes it against the law to treat you unfairly because of your age or age group in different areas of public life.
What does the Age Discrimination Act do?
The ADA protects you from discrimination in many areas of public life, including:
- Employment – getting a job, terms and conditions of a job, training, promotion, being dismissed.
- Education – enrolling or studying in a course at a private or public school, college or university.
- Accommodation – renting or buying a house or unit.
- Getting or using services – such as banking and insurance services, services provided by government departments, transport or telecommunication services, professional services like those provided by lawyers, doctors or tradespeople, services provided by restaurants, shops or entertainment venues.
When is age discrimination not against the law?
Like other anti-discrimination laws, the ADA says that in some circumstances, treating someone differently because of their age or age group will not be against the law. This is known as an exemption.
The exemptions in the ADA include:
- Things done in compliance with Commonwealth laws, including laws about taxation, social security and migration
- Things done in compliance with State and Territory laws
- Certain health and employment programs
- Youth wages or direct compliance with industrial agreements and awards.
For example, as a person must be over 18 years old to work in a bar, it would not be discrimination if a bar owner refused to employ a person because they are under 18 years of age.
The ADA also says that it is not against the law to provide a genuine benefit to people of a particular age or age group or to do something that helps to meet an identified need of people of a certain age or age group. This is known as ‘positive discrimination’ or a ‘special measure’.
Examples of ‘positive discrimination’ may include discounts and concessions provided to older Australians for services and/or facilities and special accommodation assistance provided to young people who are homeless or sleeping rough.
It is not against the law to refuse someone a job if, because of their age or age group, they cannot perform the inherent requirements of the job.
For example, a young person may not be able to meet the ‘inherent requirements’ of a delivery job if they are not yet eligible for a driver’s licence.
Temporary exemptions to the Age Discrimination Act
The Australian Human Rights Commission can grant temporary exemptions from certain provisions of the Age Discrimination Act 2004 (Cth). These temporary exemptions are granted under Section 44 and may be granted for up to five years at a time, subject to specific terms and conditions.
More information about exemption applications and decisions is available at Exemption applications under the Age Discrimination Act 2004 (Cth).
Complaints under the Age Discrimination Act
If you believe you have been discriminated against on the basis of your age or age group, you can make a complaint to the Australian Human Rights Commission. You can also have someone such as a solicitor, advocate or trade union make a complaint on your behalf.
Disclaimer: This information is only intended as a guide. It is not a substitute for legal advice.