Age Discrimination in Australia: What the Law Protects Against
Last updated: June 2026
What Is Age Discrimination?
Age discrimination is treating a person less favourably (or imposing a condition that disadvantages them) because of their age. It is unlawful in Australia under the Age Discrimination Act 2004 (Cth) and equivalent state and territory legislation.
Age discrimination affects people of all ages, but most complaints relate to older workers and job seekers.
Where Does It Apply?
The Act prohibits age discrimination in:
- Employment: hiring, pay, promotion, training, dismissal
- Education: access to courses and educational institutions
- Goods and services: access to services (including banking, insurance, and healthcare)
- Accommodation: renting or buying property
- Clubs and associations
Direct vs Indirect Discrimination
Direct: You are treated worse because of your age (e.g. told you are "overqualified" or "too old" for a role).
Indirect: A neutral rule disproportionately disadvantages people of your age (e.g. requiring a recently completed degree when the skills are not degree-dependent).
Exemptions
Some age-based distinctions are permitted:
- Genuine inherent requirements of a job (e.g. a role that physically requires youth, very narrow)
- Age-based concessions or positive measures for older or younger people
- Insurance products where age-based distinctions are reasonable given actuarial data (limited)
- Commonwealth laws that impose age limits (e.g. Age Pension age)
How to Make a Complaint
- Internally: raise it with HR, a manager, or an internal complaints process
- Australian Human Rights Commission (AHRC): free, confidential conciliation
- State anti-discrimination bodies: for state-based protections
- Fair Work Commission: if the discrimination occurred in connection with employment (e.g. dismissal)
Complaints to the AHRC must usually be made within 2 years of the discrimination occurring.
Older Workers' Rights
Older workers also have rights under the Fair Work Act: an employer cannot dismiss you because of your age. Doing so may give rise to both an unfair dismissal claim and an age discrimination complaint.