Anti-discrimination policy template - Australia

Purpose and Legal Effect of an Anti-Discrimination Policy

An Anti-Discrimination Policy is a formal organisational commitment to preventing unlawful discrimination and ensuring equal opportunity in employment and service delivery. While not a contract, it is a key part of an organisation’s governance, compliance, and human resources framework. It may be referenced in workplace investigations, legal proceedings, or industrial disputes.

This template has been designed to:

• Define discrimination, harassment, vilification, and victimisation in accordance with Australian legislation;
• Affirm the organisation’s commitment to a workplace free from unlawful discrimination;
• Promote equal opportunity regardless of personal attributes such as race, gender, disability, age, religion, sexual orientation, or political belief;
• Outline rights and responsibilities of employees and management in upholding inclusive workplace practices;
• Describe complaint handling procedures and avenues for redress in the event of discrimination.

Having a well-implemented Anti-Discrimination Policy helps foster a fair and respectful workplace and supports legal compliance under state and federal anti-discrimination laws.

Instructions for Completion

Customisation and Adaptation

This policy should be reviewed and customised to reflect the organisation’s industry, size, structure, and existing policies or enterprise agreements. Areas requiring specific tailoring may include:

• Names and roles of internal contacts or grievance officers;
• Any jurisdiction-specific references (e.g. Equal Opportunity Act 2010 (Vic), Anti-Discrimination Act 1977 (NSW));
• Cultural or diversity commitments specific to the organisation’s operations or mission;
• Links to existing training programs, diversity strategies, or values statements.

Legal and Regulatory Considerations

This policy is designed to reflect employer obligations under federal and state legislation, including but not limited to:

• Fair Work Act 2009 (Cth)
• Sex Discrimination Act 1984 (Cth)
• Racial Discrimination Act 1975 (Cth)
• Disability Discrimination Act 1992 (Cth)
• Age Discrimination Act 2004 (Cth)
• Relevant state/territory Equal Opportunity or Anti-Discrimination Acts

Legal advice should be obtained (e.g. from Maguire Legal at [email protected]) where:

• Allegations involve senior executives, systemic issues, or risk reputational damage;
• The policy must be aligned with contractual or enterprise-level documents;
• A complaint has been lodged with the Fair Work Commission, Australian Human Rights Commission, or state Equal Opportunity bodies.

Supplementary Notes

• This policy should be made available to all staff and incorporated into onboarding and training programs.
• Supervisors and managers should receive targeted training to identify and respond appropriately to discrimination.
• The policy should be reviewed at least annually or following any legislative changes or relevant workplace incidents.
• A complaint register should be maintained in line with recordkeeping and privacy laws.

Copyright and Intellectual Property Notice

This document and its contents are subject to copyright protection under the Copyright Act 1968 (Cth) and all applicable intellectual property legislation. Unauthorised use, duplication, adaptation, or distribution is strictly prohibited without the prior written consent of Maguire Legal. Citation of excerpts is permitted only where full attribution is provided.

Legal Disclaimer

This document has been prepared by Maguire Legal for general guidance purposes only. It does not constitute, and is not intended to constitute, legal advice. No warranties or representations are made as to its legal effect or suitability for specific circumstances. Users must exercise their own judgment and obtain independent legal advice prior to reliance. Maguire Legal disclaims all liability for any loss or damage arising from use of this document in whole or in part.

About Maguire Legal

Maguire Legal is an Australian law firm combining legal advice on all aspects of Australian employment, commercial, corporate and workplace relations law with exceptional business research skills and management development designed to build business capability in Australian enterprises of all types and size.