Discrimination is defined under the Equal Opportunity Act (1984). It can be direct or indirect. Direct discrimination is defined as:
less favourable treatment than another person, in the same or similar circumstances, on any grounds, in any of the areas covered by the Act.
An example of direct discrimination is advertising a rented property as suitable for a married couple only. Another example is refusing to rent a property to a person because they are Aboriginal.
Indirect discrimination is defined as:
an unreasonable rule or practice which on the face of it appears neutral, but with which a high proportion of persons of a particular race , sex or other group covered by the Act could not apply.
Tenants experience discrimination most commonly when they apply for accommodation, although discrimination may also be experienced during a tenancy and when the tenancy is being ended.
The Equal Opportunity Act (1984) makes is against the law to discriminate in a number of areas (including accommodation) on the grounds of
Other unlawful acts include victimisation and advertisements.
Owners and real estate agents are not allowed to discriminates when providing accommodation. Any tenant who believes they have been discriminated against may contact the Equal Opportunity Commission to discuss their situation.
Any complaints not settled satisfactorily may be referred to the Equal Opportunity Tribunal for a legal ruling.
For more information on making a complaint to the Equal Opportunity Commission contact:
The Equal Opportunity Commission
2nd Floor
Westralia Square
Phone:
Toll free:
Fax:
The Commission also has a Porta Printer to receive calls from people with hearing impairments. The number to call is . Between 8.30am and 4.30pm Monday to Friday.
If a tenant believes a real estate agent has discriminated against him/her, and the Agent is a member of REIWA s/he may also complain to REIWA. The complaint should be in writing and include full details of the matter.
For more information on whether the Agent is a member of REIWA and lodging a complaint contact:
Real Estate Institute of Western Australia
215 Hay Street
Phone:
Fax:
A tenant may complain to the Ministry of Fair Trading if s/he believes the owner/agent has breached the section of the Residential Tenancies Act relating to discrimination against tenants with children. The complaint should be made in writing asking the Commissioner to investigate the matter with a view to taking prosecution action. Complaints should be addressed to:
Commissioner of Fair Trading
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