Ruqayyah Snyder
Ageism is endemic in society and is experienced by people of all ages, affecting their full and equal enjoyment of life. In Australia, ageism is illegal and age discrimination is prohibited by the Age Discrimination Act 2004 (Cth). The Australian Human Rights Commission (AHRC) and the Equal Opportunity Commissioner (EOC) are responsible for investigating and resolving complaints of age discrimination, which can occur in employment, education, housing, healthcare, and other areas. Australians of all ages have the right to be treated equally and fairly, and organisations like COTA Australia actively combat ageism and support the rights and inclusion of older Australians.
| Characteristics | Values |
|---|---|
| Federal law | Prohibits age discrimination |
| State and Territory anti-discrimination laws | Provide remedies for age discrimination |
| Age Discrimination Act 2004 (Cth) | Does not provide remedies for age discrimination |
| Australian Human Rights Commission (AHRC) | Investigates and resolves complaints of age discrimination |
| Federal Court or Federal Circuit Court | Determines unlawful age discrimination if AHRC cannot resolve a complaint |
| Relevant remedy provisions | Human Rights and Equal Opportunity Act 1986 (Cth) |
| Court orders for unlawful age discrimination | Perform any reasonable act or course of conduct to address loss or damage suffered |
| State and Territory anti-discrimination laws | Damages capped in New South Wales, Northern Territory, and Western Australia |
| Awards of damages | Special damages and general damages |
| Special damages | Compensate for quantifiable economic loss, e.g., loss of wages |
| Survey by AHRC in 2015 | Over 25% of Australian workers aged 50+ experienced age discrimination |
| FW Act General Protections Provisions | Employers carry a 'reverse onus' to prove they did not discriminate based on age |
| Complaint channels | Australian Human Rights Commission (Cth) or the Equal Opportunity Commissioner (SA) |
| Complaint cost | Free |
| Employment discrimination claims | Fair Work Commission |
| Anti-ageism workplace policies | ADB and AHRC in NSW |
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What You'll Learn
Ageism in the workplace
The AHRC carried out a national survey on age discrimination in the workplace in 2015 and found that while over a quarter of Australian workers aged 50 and above had experienced some form of discrimination, more than 40% of them did not take any action in response, and only a very small proportion made formal age discrimination complaints.
If you are experiencing ageism in the workplace, you can try voicing your concerns to your supervisor or the human resources department. Sometimes, the situation can be corrected internally without resorting to legal action. If you cannot resolve the issue with your employer, you can make a formal complaint through either the ADB or AHRC in NSW. These organisations deal with age discrimination complaints but do not make decisions about what happened or whether the law has been breached. A complainant may make a written complaint of discrimination under the Age Discrimination Act 2004 (Cth) to have their complaint investigated and resolved through an informal, cost-free process of conciliation by the AHRC. If the AHRC cannot resolve a complaint, the complainant may pursue the matter in the Federal Court or the Federal Circuit Court.
State and Territory anti-discrimination laws provide for similar types of remedies, although the amount of damages varies. An award of damages is the most common remedy in discrimination complaints, although alternative remedies such as public apologies and policy reviews are becoming increasingly common.
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Ageism in healthcare
Ageism is illegal in Australia under the Age Discrimination Act 2004 (Cth), which prohibits age discrimination and ensures equal opportunities for all. This act makes it illegal to treat someone unfairly due to their age, including in the healthcare sector.
At the micro (personal) level, ageism in healthcare can be observed in the attitudes and communication styles of healthcare professionals towards older patients. This includes age-biased clinical decision-making, where ageist stereotypes influence the diagnostics and treatments offered to older patients. For example, older patients may be denied certain treatments due to their age, or they may receive ageist comments from healthcare providers.
Ageism can also be internalised by older adults themselves, leading to "self-ageism" or negative attitudes towards ageing and older people. This can result in irrational illness perceptions, such as believing that pain and suffering are normal parts of ageing. As a result, older adults may be less likely to seek treatment for medical conditions, expecting low chances of improvement due to their age.
At the macro (institutional) level, ageism is reflected in healthcare reimbursement structures, the participation of older adults in clinical trials, and healthcare policies. Ageism in these areas can lead to older adults receiving lower priority in terms of healthcare funding and representation in medical research, further exacerbating age-based inequalities in healthcare.
To combat ageism in healthcare, it is crucial to address ageist stereotypes and promote positive ageing. Healthcare providers should receive education on the unique needs of older adults and the impact of ageism on their health and well-being. Regular evaluations of healthcare services for older people are essential to ensure their needs are being met, and older adults should be supported in choosing their aged care service providers. By addressing ageism in healthcare, we can improve health equality and ensure that older adults receive timely, comprehensive, and appropriate care.
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Ageism in the media
Ageism is illegal in Australia under the Age Discrimination Act 2004 (Cth). This Act prohibits age discrimination and allows individuals to make complaints regarding age-based discrimination in employment, education, public places, or when accessing goods and services.
The Australian media has been criticised for its portrayal of older people and its failure to accurately represent the issues they face. A 2024 report by the Australian Human Rights Commission, titled 'Shaping Perceptions: How Australian Media Reports on Ageing', found that there is a culture of negativity in the media towards ageing. This report analysed news reports and interviewed journalists, presenters, editors, and producers, as well as academics and communications specialists. The research found that the media often overlooks or minimises important issues affecting older people, excludes their personal experiences, or portrays them as a burden. This reflects a broader culture of ageism in the industry and the wider Australian community.
The report identified three key issues with Australian media portrayals of ageing and older people. Firstly, the media industry's commercial drive to target younger audiences leads to the minimisation of older Australians' issues or the overstatement of these issues in line with "clickbait" culture. This includes a disproportionate focus on intergenerational tensions around wealth and a gendered focus on beauty and image for older women. Secondly, there is a prevailing narrative of decline, frailty, and vulnerability associated with ageing, which contributes to negative stereotypes. Lastly, older Australians' experiences are often made invisible, and they are not valued in mainstream media representations.
To address these issues, the report made several recommendations for the media industry and the age sector to work collaboratively. These include improving media access to relevant spokespeople and experts, addressing the education and training gap by developing resources and providing staff training to increase awareness about ageism, and shifting the narrative on ageing through a communications campaign to combat ageism within the industry and the wider community.
It is important to recognise that ageism in the media not only affects older people but also has an impact on society as a whole and future generations. By improving the representation of older Australians and their issues, the media can contribute to a more inclusive and respectful society.
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Ageism in education
Ageism is against the law in Australia. The Age Discrimination Act 2004 (Cth) is the federal law that prohibits age discrimination. This act makes it illegal to treat a person unfairly due to their age or age group, including younger and older people.
The Australian Human Rights Commission (AHRC) works to promote equality for all, regardless of age. The Commission's research has shown that ageism is a widespread issue in Australia, with 90% of adults agreeing that it exists and 83% considering it a problem. Ageism can manifest in various sectors, including education, and it can have serious consequences for people's health and well-being.
In the education sector, age discrimination can occur when older teachers face barriers to continuing their careers. For example, the Department of Education and Communities in its 2018 projections for the teaching workforce assumed that most older teachers would retire at 55 or superannuation access age. This expectation can discriminate against capable and willing older teachers who want to continue working. There is a lack of focus on retaining and recruiting older teachers, despite the increasing number of older people seeking careers in education.
To address age discrimination in education, the AHRC has recognised the crucial role of teachers in bridging the generational divide. By shaping the perspectives of future generations, teachers can help combat widespread apathy towards ageism and promote inter-generational cooperation. The Commission has also conducted ageism workshops for workers in aged care and community settings, including teachers, to create positive changes in attitudes and behaviours towards older people.
If individuals experience age discrimination in education or other areas, they can make a written complaint under the Age Discrimination Act 2004 (Cth) to the AHRC. The AHRC will investigate and attempt to resolve the complaint through an informal, cost-free process of conciliation. If a complaint cannot be resolved, individuals can pursue legal action in the Federal Court or Federal Circuit Court, where relevant remedy provisions are available.
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Legal recourse for ageism
Age discrimination, or ageism, is illegal in Australia. The Age Discrimination Act 2004 (Cth) is the Australian federal law that prohibits age discrimination. The Act makes it illegal to treat a person unfairly due to their age or age group, including younger and older people.
If you have experienced age discrimination, you can make a written complaint under the Age Discrimination Act 2004 (Cth) to the Australian Human Rights Commission (AHRC). The AHRC will investigate and attempt to resolve your complaint through an informal, cost-free process of conciliation. However, it's important to note that the AHRC does not have the power to determine if unlawful discrimination has occurred. If the AHRC is unable to resolve your complaint, you can pursue the matter in the Federal Court or the Federal Circuit Court, where relevant remedy provisions are outlined in the Human Rights and Equal Opportunity Act 1986 (Cth). A court may order the respondent to perform any reasonable act or course of conduct to address any loss or damage suffered by the applicant. An award of damages is a common remedy in discrimination complaints, with compensation awarded under two heads: special damages and general damages. Special damages compensate for quantifiable economic loss, such as past and future loss of wages.
Alternatively, you may choose to bring a complaint under State or Territory anti-discrimination laws, which operate concurrently with the Age Discrimination Act 2004 (Cth). These laws provide for similar types of remedies, although in New South Wales, the Northern Territory, and Western Australia, the amount of damages is capped.
It's worth noting that the Australian Government has demonstrated its commitment to preventing and responding to the abuse of older people, also known as elder abuse. Specialist elder abuse services have been trialled since 2018-19, and the government has allocated further funding from 2022-23 to 2025-26 to continue delivering these services. These services include lawyers, social workers, and other specialists who work alongside clients to develop case plans and respond to their needs. Older individuals identified as being at risk or potentially subjected to abuse can access specialised legal support services through the health system and related referral agencies, such as community aged care services.
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Frequently asked questions
Yes, ageism is illegal in Australia. The Age Discrimination Act 2004 (Cth) is the Australian federal law that prohibits age discrimination.
Age discrimination occurs when a person is treated less favourably or is not given the same opportunities because they are either too young or too old. This can occur in employment, education, accessing goods and services, housing, healthcare, and many other areas.
If you experience age discrimination in the workplace, you can try voicing your concerns to your supervisor or the human resources department. If the issue is not resolved internally, you can make a formal complaint through the Australian Human Rights Commission (AHRC) or the Equal Opportunity Commissioner.
Remedies for age discrimination in Australia can include an award of damages, public apologies, and the development or review of policies and procedures by the respondent. Damages are intended to compensate the complainant for any economic loss or damage suffered as a result of the discrimination.
