Step 3 of 6 - Make a complaint
The Commission has responsibilities under three laws:
- The Equal Opportunity Act 1995 (EOA) - (The Act is currently being reviewed, click here for more information)
- The Racial and Religious Tolerance Act 2001 (RRTA)
- The Charter of Human Rights and Responsibilities (The Charter)
These laws protect your rights by making discrimination, sexual harassment and religious vilification against the law. The Charter is a law that means government and public bodies must consider human rights when making laws and providing services.
Under the EOA and RRTA, the Commission helps people resolve complaints of discrimination, sexual harassment and religious vilification by offering a confidential, free and impartial complaint resolution service with the aim of achieving a mutual agreement.
Under the Charter, the Commission’s role is to ensure Victorian’s understand the Charter and to talk to government and public bodies in Victoria about their obligations under the Charter.
The Commission not handle complaints related to the Charter.
What you can expect from us
You can expect us to:
- operate in a fair, timely and impartial manner
- treat everybody with dignity and respect
- to provide you with information you need and in the format that is best for you
- to assist you to lodge a complaint with us.
The Commission cannot provide legal advice or advocate on your behalf.
The Commission does not handle complaints related to the Charter.
Complaints about breaches of the can be made to the Victorian Ombudsman.
The person making the complaint is the complainant and the person or organisation that the complaint is about is the respondent.
Our Education and Complaints Officers can help you prepare a written statement of complaint. Education and Complaints Officers are available on telephone or in person.
For assistance in lodging a complaint call the Advice Line on (03) 9281 7100 Weekdays 9am-5pm, Wednesdays 9am-1pm. TTY (03) 92817110 or e-mail at complaints@veohrc.vic.gov.au
Complaints should be in writing
A complaint must be in writing. After receiving information from you, an Education and Complaints Officer will help you prepare a written statement of complaint, if required, and send it to you to check. If your complaint is about more than one person, you may need to make separate statements of complaint. When you are satisfied with the statement you need to sign, date and return it to the Commission.
When is a complaint formally lodged?
The complaint is formally lodged when your signed statement is received by the Commission. The person making the complaint is known as the complainant. The person or organisation that the complaint is about is known as the respondent.
Can I withdraw my complaint?
You can withdraw a complaint at any time. If this happens during the investigation or conciliation process, the Commission will let the respondent know in writing and the complaint will be closed.
Can you speed up the process?
Discrimination and harassment complaints can be extremely stressful for everyone involved. Both the complainant and the respondent may apply to the Commission to have a complaint handled more quickly. The Commission may fast-track a complaint if the case involves circumstances which need speedy resolution, for example, if the complaint involves:
- an emergency health matter
- ongoing sexual harassment
Complainants and respondents should also be aware that:
- legal representation is not necessary
- they should try to keep the complaint details confidential to ensure easier resolution.
- A complainant can withdraw the complaint at any time.
