Your rights under the Age Discrimination Act — what the law actually says

If you have ever felt passed over for a job, pushed out of a role, or simply ignored because of your age, you are not imagining it. Age discrimination in Australian workplaces is real, it is widespread, and — crucially — it is illegal.

The Age Discrimination Act 2004 makes it unlawful to treat someone less favourably because of their age in areas including employment, education, and the provision of goods and services. In the workplace specifically, the Act covers hiring, promotion, training, dismissal, and the terms and conditions of employment. Understanding what the law says is the first step to knowing when your rights have been crossed — and what you can do about it.

What counts as age discrimination?

Age discrimination can be direct or indirect.

Direct discrimination is straightforward: a recruiter tells you the role is looking for someone “younger and hungrier”, or a job ad specifies “recent graduates only” with no legitimate justification. These are clear breaches of the Act.

Indirect discrimination is more common and harder to spot. It occurs when a workplace policy or practice appears neutral but disproportionately disadvantages older workers. Requiring all staff to complete a task using a specific piece of software with no training provided, for example, may seem reasonable on the surface but could systematically exclude older employees.

Where the law applies

The Act applies at every stage of employment, including:

• Job advertisements and selection criteria.
• Shortlisting, interviewing, and hiring decisions.
• Access to training, development, and promotion.
• Pay, conditions, and benefits.
• Redundancy and dismissal.

It also applies to unpaid work, contract work, and partnerships — not just traditional employment.

What is not covered

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The Act includes exceptions. Age-based distinctions are permitted where they are a genuine occupational requirement — certain physical roles, for example, may have legitimate age-related requirements. Government concession schemes, age-based superannuation rules, and some migration provisions are also exempt.

Australian Human Rights Commission

Provides a detailed breakdown of exemptions if you want to understand whether a specific situation falls inside or outside the law’s protection.

Making a complaint

If you believe you have experienced age discrimination, you can lodge a complaint with the Australian Human Rights Commission at no cost. The Commission will attempt to resolve the matter through conciliation — a confidential process where both parties work toward an agreed outcome.

If conciliation is unsuccessful, you can apply to the Federal Court or the Federal Circuit and Family Court of Australia to have the matter heard.

Before taking formal action, it is worth documenting everything: dates, names, what was said or done, and any written communications. This record is valuable regardless of whether you proceed with a complaint.

State and territory protections

In addition to the federal Act, all Australian states and territories have their own anti-discrimination legislation that may offer additional protections. The NSW Anti-Discrimination Act 1977, the Victorian Equal Opportunity Act 2010, and equivalent legislation in other states all include age as a protected attribute. Your state’s equal opportunity commission can advise on local options.

The bottom line

You have the right to be assessed on what you can do — not on how long you have been doing it. If that right is being ignored, the law is on your side.

Age discrimination is not a personal failing or an unavoidable reality. It is a legal breach. Knowing that changes the conversation.

If you want to understand your options further, the Australian Human Rights Commission’s age discrimination resources are the best place to start. You can also speak to a workplace lawyer or contact the Next50 community forum to connect with others who have navigated similar experiences.