(VIC) Grant the VEOHRC Own-Motion Inquiry Power

Author: Yin Jiang | Publish date: 26/08/2025

Problem Identification: 

In VIC, the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) is unable to proactively investigate issues of discrimination.

Sections 127 and 128 of the Equal Opportunity Act 2010 (VIC) (the Act) stipulate that the VEOHRC can only launch investigations into matters arising from a complaint, or if a complaint has led to a referral from the Victorian Civil and Administrative Tribunal (VCAT). 

This means that ‘a complaint must be lodged before the Commission can act.’ According to the Gardner Review, the VEOHRC therefore has limited ability to investigate contraventions of anti-discrimination laws in VIC.

Context: 

In VIC, the Act prohibits discrimination on the basis of attributes such as race, disability, sex, and religion in areas of public life including employment, education, and the provision of goods and services.

Under section 122 of the Act, individuals experiencing discrimination can lodge a complaint with VCAT. VCAT has the power to take enforceable actions under the Victorian Civil and Administrative Tribunal Act 1998 (VIC), including awarding compensation. 

Alternatively, individuals may seek dispute resolution through the VEOHRC. The VEOHRC was established in 1977 to advocate for and promote equal opportunities and human rights in VIC. VEOHRC has stated that it aims to create a ‘fair, safe and inclusive Victoria’. It can resolve complaints of discrimination through conciliation or conduct investigations into contraventions of the Act. 

Professor Dominique Allen and the Gardner Review have argued that this complaints-based system has limited the ability of the VEOHRC to achieve its aims. Professor Allen of Monash University has suggested that ‘discrimination will only be addressed if the individual recognises that the treatment that they were subject to was unlawful discrimination and decides to lodge a complaint at the VEOHRC or VCAT.’ A study by Victoria University (VU) on racism in VIC has revealed that 76% of respondents had experienced racism, but only 15.5% reported it. According to the study, of these, only 19.3% had reported to the VEOHRC. The VEOHRC has commented that the problem is ‘far larger than the complaints data reveals.’

The VEOHRC has further reported that many individuals face barriers to reporting, including lack of accessibility. The study by VU has found that 83.2% of respondents felt that reporting ‘is too difficult and/or takes too much effort’. Furthermore, it has highlighted that almost 78% of respondents ‘were discouraged [from reporting] because they felt they could not prove it was racism.’ As a result, the study by VU has reported that many individuals have chosen to remain silent on issues of discrimination. The study has concluded that the ‘reporting system fails many of those who are supposed to be the beneficiaries of these systems’, those from ‘racially and culturally marginalised communities.’

Advice/Legal Change:

The VIC Attorney-General should amend section 127 of the Equal Opportunity Act 2010 (VIC) to introduce a provision that allows the VEOHRC to undertake own-motion inquiries.

The VEOHRC, Victorian Legal Aid and the Victorian Aboriginal Legal Service (VALS) have called for this. They said this would give VEOHRC the ability to launch inquiries independent of any complaint, i.e. own-motion inquiries. According to VALS, this could ‘enable VEOHRC to take a more systemic approach’ in addressing issues of discrimination. VEOHRC has also argued that this could help to shift the burden of reporting discrimination ‘from individual complainants to Victoria’s human rights regulator.’

Precedent:

There is domestic precedent for a Human Rights Commission to have own-motion inquiry power. In Australia, the federal Human Rights and Equal Opportunity Commission (HREOC) can inquire into ‘any act or practice (including any systemic practice) that may constitute discrimination’ when it is ‘desirable to do so.’ This has allowed the HREOC to utilise own-motion inquiries to spark debate on issues including the rights of children in immigration detention centres.

Download the 1-Page Brief Here - Grant the VEOHRC Own-Motion Inquiry Power (1).pdf

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Public Support: 

1. Victorian Equal Opportunity and Human Rights Commission

2. Victorian Aboriginal Legal Service

3. Victoria Legal Aid                

News Coverage:

There appears to be no direct news articles about it. 

1. ABC News: “Ambulance Victoria CEO apologises to staff after report lays bare bullying, discrimination” The head of Ambulance Victoria has apologised unreservedly and committed to make fundamental changes at the organisation after an investigation by the VEOHRC laid bare an unsafe culture marred by disrespect, bullying and sexism. No author listed | Tue 30 Nov 2021. Read the article here.

2. ABC News: “Victorian Equal Opportunity and Human Rights Commissioner to investigate Ambulance Victoria harassment allegations” The Victorian Equal Opportunity and Human Rights (VEOHR) commissioner will conduct an independent investigation into allegations of discrimination and sexual harassment within Ambulance Victoria. No author listed | Tue 27 Oct 2020. Read the article here.

3. The Guardian: “Victorian human rights commission says racism complaints are up 90%” Race complaints to Victoria’s Equal Opportunity and Human Rights Commission rose by nearly 90% in 2017-18, though it still believes African and Muslim communities are underreporting racism. By: Luke Henriques-Gomes | Thurs 20 Dec 2018 - Read the article here.

4. ABC Radio: “We're stopped because we're African” Young Africans accuse Victoria Police of racial profiling and brutality, and there’s a mounting caseload of complaints against police, including a class action in the Federal Court. By: Hagar Cohen | Sun 3 Jun 2012 - Listen to the report here.

Where to go to learn more: 

1. Victorian Equal Opportunity and Human Rights Commission (VEOHRC) submission to the Yoorrook Justice Commission - The submission recommended increasing the enforcement powers of the VEOHRC to address discrimination against First Nations people. Read the submission here.

2. Victorian Aboriginal Legal Service and Victoria Legal Aid joint submission to the Victorian Parliamentary inquiry into anti-vilification laws - The submission recommended increasing the enforcement powers of the VEORHC to increase protections against hate speech. Read the submission here.

3. Addressing Discrimination Through Individual Enforcement: A Case Study Of Victoria - Research conducted by Dr Dominique Allen, of Monash University, into the Equal Opportunity Act 2010 (VIC). It investigated how discrimination complaints were resolved and provided recommendations for modifying the complaints system. Read the full report here.

4. Gardner Review 2008 - An official review commissioned by the VIC Attorney-General into the Equal Opportunity Act 1995 (VIC). Provided an analysis of the weaknesses of the enforcement powers of the VEOHRC and supported the provision of own-motion inquiry powers. Read the full review here.

5. Victoria University (VU) - A study conducted by the Institute for Sustainable Industries and Liveable Cities at VU. It provided an analysis of racism in VIC and the issues in the current system, including the barriers to reporting. Read the full publication here.

6. The Equal Opportunity Act 2010 (VIC) - The Act, which this brief proposes to modify. Section 127 established the threshold requirements for VEOHRC to conduct an investigation. You can read the full Act here.

   
   

Human Perspective:

Mary has been experiencing discrimination due to her race and gender in the workplace, both directly and overtly. She has made complaints to the Human Resources department but this only triggered backlash and more overt discriminatory comments from the offending party. She knows that she could go to the Victorian Equal Opportunity and Human Rights Commission or the Victorian Civil and Administrative Tribunal to lodge a complaint. However, this would require her to collect evidence against her company. Mary was already emotionally tired from having to cope with the discriminatory comments and actions at work, and decided that she would rather leave her current workplace instead. If the burden were not on her to collect evidence and lodge a complaint, and the company was already investigated, then Mary would not have chosen to leave her job.

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences, and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement: 

N/a

Support 

If your organisation would like to add your support to this paper or suggest amendments, please email Info@foreaustralia.com. 

Reference list: 

Allen, D. (2019). Addressing Discrimination Through Individual Enforcement: A Case Study of Victoria. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.3443376 

Australian Human Rights Commission Act 1986 (Cth). https://www.legislation.gov.au/C2004A03366/latest/text 

Australians for Native Title and Reconciliation. (2024, October 17). Systemic Racism. https://antar.org.au/issues/racism/systemic-racism/ 

Eliminating workplace sexual harassment. (2022). Victorian Equal Opportunity and Human Rights Commission. https://www.humanrights.vic.gov.au/legal-and-policy/advocacy-and-law-reform/eliminating-sexual-harassment 

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Equal Opportunity Act 2010 (VIC). 

https://www.legislation.vic.gov.au/in-force/acts/equal-opportunity-act-2010/030 

‌Gardner, J. (2008). An Equality Act for a Fairer Victoria: Equal Opportunity Review Final Report. In Victorian Government Library Service. State of Victoria, Department of Justice. https://vgls.sdp.sirsidynix.net.au/client/search/asset/1265847 

Majority of racism in Victoria goes unreported due to “high cost, low reward” system. (2025, July 28). Victoria University. https://www.vu.edu.au/about-vu/news-events/news/majority-of-racism-in-victoria-goes-unreported-due-to-high-cost-low-reward-system 

Peucker, M., Vaughan, F., Doley, J., & Clark, T. (2025). Speaking out against racism? Silence, agency and unheard voices among racialised communities in Australia. Ethnic and Racial Studies, 1–21. https://doi.org/10.1080/01419870.2025.2508393

Victorian Aboriginal Legal Service, & Victoria Legal Aid. (2023). Strengthening Victoria’s laws to prevent hate and harm - Submission in response to Consultation on Strengthening Victoria’s laws against hate speech and hate conduct, Papers 1 – 3 by the Department of Justice and Community Safety. https://www.vals.org.au/wp-content/uploads/2023/10/231020-FINAL-VALS-VLA-Joint-submission-on-anti-vilification-reforms.pdf 

Victorian Civil and Administrative Tribunal Act 1998 (VIC). https://www.legislation.vic.gov.au/in-force/acts/victorian-civil-and-administrative-tribunal-act-1998/138 

Victorian Civil and Administrative Tribunal. (2024). What VCAT does. https://www.vcat.vic.gov.au/what-vcat-does 

Victorian Equal Opportunity and Human Rights Commission. (2024). Our role, functions and services. https://www.humanrights.vic.gov.au/about-us/our-services/ 

Victorian Equal Opportunity and Human Rights Commission. (2024). First Peoples Data Report - 2023-24. https://www.humanrights.vic.gov.au/resources/first-peoples-data-report-2023-24-nov-2024/ 

Victorian Equal Opportunity and Human Rights Commission. (2024). Submission to the Inquiry into Injustice Affecting First Nations people in the areas of Housing, Secondary and Tertiary education, and Health – Feb 2024. https://www.humanrights.vic.gov.au/policy-submissions/submission-yoorrook-inquiry-first-nations-injustice/  

Victoria Legal Aid. (2021, March 3). We welcome stronger protections against hate speech in Victoria. https://www.legalaid.vic.gov.au/we-welcome-stronger-protections-against-hate-speech-victoria 

Victoria Legal Aid, & Victorian Aboriginal Legal Service. (2020). Fair and accessible anti-vilification protections for all Victorians - Submission to the Victorian Parliamentary Inquiry into Anti-Vilification Protections. https://www.legalaid.vic.gov.au/stronger-protections-against-hate-speech-needed-victoria 

Yoorrook Justice Commission. (2025). Yoorrook for Transformation Summary Report. https://cdn.craft.cloud/06ad3276-b3d9-4912-bcbb-37795aade9a8/assets/documents/Yoorrook-For-Transformation_SummaryReport_Accessible.pdf