Complaints can be made under the Human Rights and Equal Opportunity Commission Act 1986 in relation to alleged breaches of human rights by or on behalf of the Federal government. Human rights are defined in the Act by reference to international human rights treaties and declarations, which includes the International Covenant on Civil and Political Rights, and ILO Discrimination (Employment and Occupation) Convention, 1958 (No.111).

In addition, complaints may be made under the Act in relation to impairment of equal opportunity in employment on a number of grounds which include sex and marital status. Discrimination does not occur when a particular attribute is an inherent requirement of the job or, in some circumstances, when the employer is a religious institution.

If a complaint is made to the Commission, it must refer the complaint to the President and the President must inquire into, and attempt to conciliate, the complaint (see s. 46PD of the Act). If a matter is considered to be (for example) lacking in substance or out made out of time, it will be terminated by the President and the complainant may commence proceedings in the Federal Court or the Federal Magistrates Court. There are a number of grounds for such termination, including that conciliation can not be reached or that the matter is of such public importance that it should be considered by the Federal Court or the Federal Magistrates Court.