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Ticking Clock - What's the time limit for making a discrimination claim? |
When does the clock start ticking if making a claim of unlawful discrimination? |
Complaints of discrimination have to be made in the first instance to the Human Rights Commission. It is not possible to bypass it and go directly to court. There is no strict time limit for bringing a case, but the Commission President has discretion to terminate a complaint if it is lodged more than 12 months after the alleged event. |
However, this would not prevent someone from then bringing an application to court, within 28 days, or such further time as the court concerned allows. |
Statutes of limitation in the states do not necessarily apply. In one case, the judge concluded that the clock starts ticking at the time when an act of discrimination takes place, and a person needed to commence proceedings in court within six years. |
In others, the judges have noted that the trigger for the court's jurisdiction is the termination of a complaint by the Commission. |
