Rights & Justice

Trans and gender diverse people are protected against discrimination, harassment and violence in many areas under NSW and federal law. Laws also protect your safety in public, and your privacy when interacting with large organisations or government departments.

Many of these protections extend to you no matter your gender, how you appear to others, whether formal legal documents accurately reflect your gender, and whether you have medically affirmed your gender, or not.

Notwithstanding these protections, some trans people still experience violence and transphobia, from physical violence to the harmful rhetoric in the media, to messages from those around us that can be really difficult to reject.

No matter how your trans or gender diverse experience manifests, your identity, your history or your expression, you have the right to be safe from discrimination, harm, violence and abuse.

This page covers what your rights are in various aspects of your life, and how to seek justice for discrimination or violence perpetrated against you.

This page was developed in collaboration with Equality Australia, ICLC and Anti-Discrimination NSW.

Whether it is at work, in education, when accessing goods, services or public facilities, seeking accommodation, interacting with large organisations or government departments regarding personal information held about you, or safely walking down the street, NSW and federal laws provide protection to trans people whose rights are infringed.

Some of the laws providing you protection are complex, and in some cases you have more than one option. Choosing the best option for you is made easier by first getting advice on what might work best for you. Inner City Legal Centre offer a state-wide free legal service for trans and gender diverse people.

Commonwealth and NSW anti-discrimination laws protect trans people against discrimination in certain areas, such as employment, education, and when accessing goods, services, facilities and accommodation.

Laws prohibiting discrimination on the basis of ‘gender identity’ or ‘transgender’ status make it unlawful in particular circumstances to:

• Refuse or terminate employment, or refuse goods, services or accommodation to someone because they are or are assumed to be trans or gender diverse;

• Treat someone less favourably at work, in education or when accessing goods, services, facilities or accommodation than you would otherwise treat a cis person in a similar position;

• Disrespect, harass or abuse trans and gender diverse people while at work, when delivering goods and services to them or when interacting with government (such as by misgendering or deadnaming);

• Impose unreasonable policies and practices at work, in education and in other public facilities that disadvantage trans and gender diverse people (such as unreasonably limiting their ability to use a bathroom which aligns with their gender).

In many cases these laws operate regardless of how you identify or appear, whether your birth certificate accurately reflects your gender, and whether you have medically affirmed your gender in any way. NSW laws may also protect friends, relatives, or other associates who are discriminated against on the basis of being trans.

There are, however, several gaps in these laws. For example, some religious organisations and private schools have exemptions under some laws.  Also, if your complaint is about discrimination by public agencies, some laws apply only to state but not federal agencies.

People who are discriminated against can make a complaint to Anti-Discrimination NSW or the Australian Human Rights Commission (but not both), if resolving matters directly with your employer or provider doesn’t work. Where to lodge a complaint will depend on what has occurred and what outcome you hope for. So it is a good to get advice from the Inner City Legal Centre on the best avenue for making a complaint, before you do. 

When submitting a complaint, it’s important to be clear about the actions you would like undertaken to remedy the situation. It can be a good idea to suggest tangible outcomes such as training, a statement of apology, compensation and/or reinstatement.

In addition to general anti-discrimination protections that also apply in healthcare service settings (see above), the NSW Health Care Complaints Commission (HCCC) accepts complaints about any negative treatment you have received from a doctor, nurse, dentist, pharmacist, psychologist, chiropractor, or in a health setting such as public or private hospitals, clinics, medical centres, day surgery centres and the Ambulance Service, among others.

If your health professional has given you poor advice, or treated you poorly when providing you with healthcare services, you can make a complaint. The HCCC resolves or assists in the resolution of complaints, but generally does not have powers to order compensation or refunds of fees. It can however investigate serious complaints that raise questions of public health and safety and prosecute serious complaints, in order to protect the public.

NSW prohibits vilification on the basis of being trans. Vilification means a public act (such as public statements in the media, on social media or in the street) that could incite hatred, serious contempt or ridicule towards trans people. Vilification provisions do not prohibit reasonable and good faith public discussion, instruction or debate (e.g. for academic, artistic, scientific, research or religious purposes). Complaints about vilification can be made to Anti-Discrimination NSW.

Public acts that threaten or incite violence on the basis of gender identity are also criminal offences, and can be investigated by NSW Police. 

In addition to specific vilification protections, trans people are protected by ordinary criminal laws, such as laws prohibiting assault, sexual assault, other acts of violence or property damage against you. Contact NSW Police or your local GLLO officer, or find out more on our page about police here.  

In addition to seeking protection from NSW Police, victims of violent crime may be able to seek access to counselling and financial support from Victims Services NSW.

If your complaint is about misconduct by NSW Police, you can complain to the NSW Law Enforcement Conduct Commission.

Government agencies and many large organisations that hold your personal information have obligations regarding your privacy. This includes the right, in certain circumstances, to correct personal information they hold about you which is inaccurate (such as incorrect gender markers), or to prevent personal information which misgenders you from being used or disclosed to others without your consent.

If an organisation or agency has mishandled your personal information, such as information about your gender or trans experience, deadname or pronouns, you may be able to lodge a complaint with the Office of the Australian Information Commissioner, instead of a discrimination complaint with Anti-Discrimination NSW or the Australian Human Rights Commission.

NSW has a two-tiered system of protections for trans people, in which you can either be a ‘recognised transgender person’, or a ‘non-recognised transgender’ person. A ‘recognised transgender person’ is someone who has legally affirmed their gender, which, in NSW, requires some form of surgical intervention.

It’s unclear how being legally affirmed or not differs in practice, and according to the NSW Anti-Discrimination Act, being trans is self-identified and self-expressed. This means that trans people of every gender are valid, real and protected. Trans women are women, trans men are men, and non-binary people are amazing.

We recognise that this system can be limiting, and we will continue working to strengthen the language used in legislation to make sure it’s clear that being trans is protected and that discrimination is unlawful.

No matter how you affirm who you are, it is unlawful to be discriminated against due to your gender.

When you have been discriminated against, harmed or wronged because of your trans experience or status, you are entitled to seek some form of justice. Depending on what has happened, you may have a number of avenues available to you.

Recognising that interacting with law and justice organisations can be intimidating, it is a good idea to seek advice from a supportive organisation like the Inner City Legal Centre before you proceed with a complaint, so you understand the pros and cons of pursuing any particular pathway.

The legal system can also be a difficult place for trans people, especially people who experience other intersections of identity or cultural background, and not being able to find justice does not mean that what you experienced isn’t real.

This section generally explains some of the key agencies you can go to make a complaints and what that process may look like, depending on what has occurred. There may be other options open to you depending on what has occurred.

For complaints about discrimination based on gender identity in many areas of public life (such as work, education, the provision of goods, services, public facilities and accommodation), you may be able to make a complaint to the Australian Human Rights Commission.

The AHRC is an independent agency which oversees the resolution of complaints under federal anti-discrimination laws. It facilitates conciliations aimed at resolving discrimination complaints. It is not a court, although complaints can be lodged in a federal court if a conciliation is terminated.

For more information about what making a complaint looks like, go to the AHRC website. You can lodge a complaint by downloading a complaint form here that can be lodged via mail, email or fax. Find more information about this process on their website.

While there is no strict time frame for lodging a complaint, it is a good idea to lodge a complaint within 6 months of the conduct you are complaining about, as the Commission may terminate complaints that have been delayed.

Complaints about discrimination and vilification can be made to Anti-Discrimination NSW (formerly the Anti-Discrimination Board of NSW). 

Anti-Discrimination NSW oversees the resolution of complaints under NSW anti-discrimination and vilification laws.  It facilitates conciliations aimed at resolving discrimination complaints and can refer unresolved complaints to the NSW Civil and Administrative Tribunal for legal binding decisions.

Beware that complaints about the same matter cannot be made to both Anti-Discrimination NSW and the Australian Human Rights Commission, so it is important to seek advice on which pathway is better for you before you start.

You can lodge a complaint by downloading a complaint form here that can be lodged via mail, email or fax. Find more information about this process on their website.

Anti-Discrimination NSW cannot give legal advice or rule as to whether discrimination occurred, but they can connect you to options to address the event or issue.

Complaints about health professionals, such as doctors, nurses, dentists, pharmacists, psychologists, chiropractors, or in a health setting such as public or private hospitals, clinics, medical centres, day surgery centres, the Ambulance Service and others, can be made to the NSW Health Care Complaints Commission (HCCC).

The HCCC advises to try and address any problem directly with your health service provider, though acknowledges that that will not always solve the issue, and that you may feel uncomfortable doing so.

You can lodge a complaint using the HCCC’s online form, download a complaint form, or send a letter to the Commission via mail, email, or fax. Find more information about this process on their website.

Note: The HCCC complaint form’s gender options are Male, Female, Transgender and Prefer not to say. Stronger ways of asking about gender can be found here.

Complaints about Australian Government agency actions and decisions can be made to the Commonwealth Ombudsman. which is a free and impartial service. They investigate complaints about Centrelink, VET Student Loans and VET FEE-HELP, an Australia Post operator, the National Disability Insurance Agency, private health insurers and My Health Record.

The Ombudsman investigates complaints to find if actions and decisions were “wrong, unjust, unlawful, discriminatory or just plain unfair”. They also seek to improve the experiences of those affected by administrative deficiencies, by working to strengthen public administration.

They can assist also you to make a complaint to a relevant agency as well. You are able to get in touch with them using the online form. or by calling them on 1300 362 072.

In an emergency, dial triple zero (000) for police.

Dial 131 444 for non-urgent police assistance and general enquiries.

To speak to a GLLO (LGBTIQ Liaison Officers), contact your local police station and ask to speak to with a GLLO.

Victims Services NSW providers support for victims of violent crime, including counselling and financial support.

Visit their website on their services or call them on 1800 633 063 during business hours (or 1800 019 123 for the Aboriginal Contact Line).

The NSW Law Enforcement Conduct Commission accepts complaints about serious misconduct or serious maladministration by the NSW Police Force or NSW Crime Commission.  Complaints can be made, or information provided, anonymously.

Using the LECC’s online forms you can make a complaint, provide information, or you can contact them for more information via their website.