Discrimination law and the LGBTIQA+ business owner: finance, customers, employment and complaints

The 2013 amendments and the scope of the Act

For most of its history, the Sex Discrimination Act 1984 made no reference to sexual orientation, gender identity or intersex status. Amendments passed in 2013 made those attributes protected grounds under federal law from 1 August of that year, and extended the existing protection for marital or relationship status to same sex de facto couples.

The Act recognises two forms of discrimination: direct discrimination, which occurs when a person is treated less favourably than someone else because of one of those attributes, and indirect discrimination, which occurs when a condition, requirement or practice that applies to everyone disadvantages people who share an attribute and is not reasonable in the circumstances. In both cases the protection applies only within defined areas of public life, which include work, education, accommodation, the provision of goods, services and facilities, licensed clubs and the administration of Commonwealth laws and programs.

Seeking finance or insurance

Banks, lenders and insurers are service providers, and the Australian Human Rights Commission lists banking and insurance among the services covered by the Act. A business owner who is refused a loan, offered worse terms or treated differently by an insurer because of their sexual orientation, gender identity or intersex status may therefore have grounds for a complaint. The Act protects people from discrimination on the specified grounds, and a refusal of finance, insurance or a commercial service is not unlawful merely because the business owner is LGBTIQA+. Whether the Act applies depends on the person affected, the conduct, the reason for it and any exemption that applies, so whether a particular decision is unlawful will depend on its facts. Owners in this position should keep a record of what was said, by whom and when.

Being treated differently by a customer or contracting organisation

The Act is least clear in this situation, because its protections are framed around a person receiving goods or services, and a business seeking to sell them falls outside that framing. Where a supplier refuses to serve an owner, the goods and services provisions are likely to be relevant. Where a potential customer or a large organisation declines to buy from the owner’s business, whether the federal Act applies will depend on the circumstances, and state or territory laws may offer different protection. Legal advice is most useful at this point, before the owner decides how to respond.

Obligations as an employer

Business owners who employ staff also carry obligations under the Act, which protects job applicants and employees on all of these grounds across recruitment, conditions, training, promotion and dismissal.

The Act contains exemptions for certain religious bodies and religious educational institutions. Whether an exemption applies depends on the organisation, the conduct and the requirements set out in the Act, and the exemptions are limited to the circumstances those requirements describe. Religious educational institutions have a separate exception covering sexual orientation, gender identity and marital or relationship status, which does not extend to intersex status. The exceptions do not apply to acts connected with providing Commonwealth funded aged care, although they can still apply to the employment of people who provide it. Because these exceptions have been the subject of continuing reform debate, employers should check the current law before relying on them.

State and territory laws

Every state and territory has its own anti discrimination law. The protections, exceptions and complaint processes in those laws differ from the federal Act and from one another, so the protection available to a business depends in part on where it operates. The Resources page lists LGBTIQA+ legal services in several states.

Making a complaint

Complaints under the federal Act are made to the Australian Human Rights Commission. They must be in writing, can be lodged online and are free of charge, and the Commission can assist people who are unable to prepare a written complaint. There is no fixed deadline for lodging a complaint, although the Commission may terminate a complaint about conduct that occurred more than 24 months before it was lodged, so a complaint should be made as soon as possible. It needs to set out what happened, when and where it happened and who was involved, and it must be reasonably arguable that the conduct was unlawful discrimination. The Commission is not a court and cannot rule that discrimination occurred, but it can investigate a complaint and attempt conciliation, an informal process in which both parties discuss the issues.

If the Commission terminates a complaint, an affected person may be able to commence proceedings in the Federal Court or the Federal Circuit and Family Court of Australia (Division 2). The application must generally be made within 60 days after the termination notice is issued, unless the court allows more time, and some applications also require the court’s permission.

This explainer is general information, not legal advice.

Sources

1. Australian Human Rights Commission, Complaints under the Sex Discrimination Act: sexual orientation
2. Australian Human Rights Commission, Information sheet on changes to the Sex Discrimination Act, 2013
3. Australian Human Rights Commission, Religious exemptions under the Sex Discrimination Act, information sheet, September 2017
4. Sex Discrimination Act 1984, compilation, sections 5A and 7B
5. Australian Human Rights Commission Act 1986, section 46PO
6. Australian Human Rights Commission Act 1986, section 46PH
7. Hobart Community Legal Service, Complaints with the AHRC
8. Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013, as made

Source pages last checked 19 October 2026.