Most free anti-discrimination policy samples you'll find online are American. They mention the EEOC, protect workers "age 40 and over" and cite laws that don't apply here. An Australian anti-discrimination policy has to reflect Australian law, and that's what this one is built on.
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01 What is an anti-discrimination policy?
An anti-discrimination policy is a written workplace policy stating that the business will not tolerate discrimination, harassment or victimisation on the basis of protected attributes such as race, sex, age or disability. It explains what that conduct looks like, who the policy applies to, and how staff can raise a complaint. You may also see it called a non-discrimination or equal opportunity policy.
02 Anti-discrimination policy example: section by section
1. Policy statement and purpose
Open with a clear commitment. Keep it short and specific to your business.
Sample: [Business name] is committed to a workplace free from discrimination, harassment and victimisation. We treat everyone fairly, make decisions on merit, and expect every person covered by this policy to do the same.
The key principles behind it are equal opportunity, respect, and accountability for the people who make decisions.
2. Who the policy applies to
Cover more than employees. The policy should apply to contractors, volunteers, work experience students and job applicants. It should also apply wherever work happens: on site, at client premises, at work functions and online, including messages and social media between colleagues.
Sample: This policy applies to all employees, contractors, volunteers and job applicants, during working hours and at any work-related event, including online.
If you engage volunteers or contractors, make sure their paperwork refers to the policy. That means your volunteer agreement or subcontractor agreement. Working with children? Pair it with a child safety policy.
3. Protected attributes under Australian law
List the attributes the policy protects. Under the Fair Work Act, these are race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction, social origin, breastfeeding, gender identity, intersex status, and experiencing family and domestic violence. The Fair Work Ombudsman keeps the current list.
State and territory laws add more, so your policy should cover the attributes in your state's Act as well.
4. What counts as discrimination: direct and indirect
Australian law recognises four types of conduct: direct discrimination, indirect discrimination, harassment and victimisation. This section of the policy explains the first two. The next two sections cover the others.
- Direct discrimination is treating someone less favourably because of a protected attribute. Example: not shortlisting an applicant because she mentioned she's pregnant.
- Indirect discrimination is a rule that applies to everyone but disadvantages people with a particular attribute, and isn't reasonable. Example: making promotions open only to full-time staff, which shuts out many part-time workers with caring responsibilities.
5. Sexual harassment and the positive duty
Since 12 December 2022, the Sex Discrimination Act 1984 has required employers to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination and related conduct, as far as possible. Responding to complaints is no longer enough. The Australian Human Rights Commission has been able to enforce this duty since December 2023.
Sample: Sexual harassment is unwelcome conduct of a sexual nature that a reasonable person would anticipate might offend, humiliate or intimidate. It is prohibited, and [Business name] takes active steps to prevent it, not only to respond to it.
6. Victimisation
People won't report problems if they fear what happens next. Say clearly that this is protected.
Sample: No one will be disadvantaged for making a complaint, supporting someone who complains, or giving information in an investigation. Victimisation is a serious breach of this policy.
7. How to make a complaint
Name who staff can go to, with at least one alternative in case the first contact is the problem. Offer both an informal option, such as raising it with a manager, and a formal written complaint. Some concerns may fit better under your whistleblower policy, which gives staff a second reporting channel.
8. How complaints are investigated
Commit to a process that is fair, prompt and confidential. Both sides get to respond, and decisions are based on the evidence. Tell the person who complained about the outcome, as far as privacy allows.
9. Consequences of breaching the policy
Sample: Breaching this policy may lead to disciplinary action, up to and including dismissal or termination of a contract.
10. Support and outside options
Tell staff where else they can go. That includes the Australian Human Rights Commission, the anti-discrimination body in your state, and the Fair Work Commission. Add any employee assistance program you offer.
11. Review and staff acknowledgement
Set a review date and record who owns the policy. Ask every staff member to sign an acknowledgement that they have read it. That record matters if you ever need to show the steps you took.
03 Examples of anti-discriminatory practices in the workplace
A policy only works if day-to-day practice matches it. These are the practices that back it up:
- • Neutral job ads. Describe the skills and experience the role needs, not the kind of person you picture in it.
- • Structured interviews. Ask every candidate the same job-related questions and score the answers against set criteria.
- • Proper handling of flexible work requests. Consider each request genuinely and give real business reasons if you refuse, as the Fair Work Act requires for eligible employees.
- • Reasonable adjustments. Adapt equipment, duties or hours so a worker with a disability can do the job.
- • Regular training. Make sure managers know what discrimination and harassment look like, and what to do when someone raises a concern.
- • Pay checks. Compare pay for similar roles from time to time, and fix any gaps you can't explain.
The policy is what ties these together. It tells staff what to expect and gives managers a standard to work to. The same commitments should also be reflected in each employment contract.
04 Examples of discriminatory policies and practices to avoid
Most discrimination at work isn't deliberate. It comes from habits and rules nobody has looked at closely. Watch for these:
- • A job ad asking for someone "young and energetic", which points to age.
- • A dress code that bans religious head coverings without a genuine safety or operational reason.
- • Promotion or training opportunities open to full-time staff only.
- • Rosters that routinely ignore staff with caring responsibilities, with no business reason behind them.
- • Asking a candidate in an interview whether they plan to have children.
- • Requiring "native English speaker" when the job really needs a certain level of English, not a particular background.
Each of these can be fixed with a single change to wording or process, and your policy is where you commit to making it.
05 Which laws should your anti-discrimination policy reflect?
No single Act protects against discrimination in Australia. Federal laws apply everywhere, and each state and territory has its own Act on top. Your policy needs to reflect both.
| Level | Law | Scope of application |
|---|---|---|
| Federal | Racial Discrimination Act 1975 | Race, colour, descent, national or ethnic origin |
| Federal | Sex Discrimination Act 1984 | Sex, sexual orientation, gender identity, pregnancy, family responsibilities, sexual harassment and the positive duty |
| Federal | Disability Discrimination Act 1992 | Disability, including reasonable adjustments |
| Federal | Age Discrimination Act 2004 | Age, young or old |
| Federal | Fair Work Act 2009 | Adverse action against employees and job applicants because of a protected attribute |
| NSW | Anti-Discrimination Act 1977 | State attributes and complaints |
| Victoria | Equal Opportunities Act 2010 | State attributes and complaints |
| Tasmania | Anti-Discrimination Act 1991 | State attributes and complaints |
| Queensland | Equal Opportunity Act 1984 | State attributes and complaints |
| WA | Equal Opportunity Act 1984 | State attributes and complaints |
| Tasmania | Anti-Discrimination Act 1988 | State attributes and complaints |
| SA | Discrimination Act 1991 | Territory attributes and complaints |
| NT | Anti-Discrimination Act 1992 | Territory attributes and complaints |
The state Acts change more often than people expect. Queensland, for example, passed major amendments in 2024 that have since been paused. Our template adjusts for all eight states and territories.
06 Is a policy example enough?
An example shows you the structure. It isn't a policy you can rely on. To do its job, your policy has to name your state's law and its extra attributes. It also needs the actual people staff should contact, a real review date, and an acknowledgement form your staff sign.
A copied US example can be worse than having nothing. It may promise protections that don't exist here, leave out ones that do, and send staff to agencies that have no say over an Australian workplace. If a complaint ever reaches the AHRC or the Fair Work Commission, a policy that clearly wasn't written for your business won't show that you took reasonable steps.
Our Australian anti-discrimination policy template gives you all eleven sections in full, with your state's law built in and a staff acknowledgement at the end.