Anti-Discrimination in Housing in Western Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Under federal law, it is unlawful to discriminate against someone in housing on the basis of race, colour, national origin, sex, pregnancy, marital status, sexual orientation, gender identity, disability, or age. These protections apply to renting, buying, lending, and access to accommodation services.
A landlord or real estate agent cannot refuse your rental application, set different terms, or evict you because of a protected characteristic. Under the Disability Discrimination Act 1992, landlords must also allow reasonable modifications to a property — such as installing grab rails or ramps — at the tenant's expense, unless it would cause unjustifiable hardship.
Discrimination can be direct (explicitly refusing you) or indirect (imposing a condition that disproportionately disadvantages a group, without a reasonable justification). Both types are illegal.
Complaints are handled by the Australian Human Rights Commission (AHRC). You must lodge your complaint within 12 months of the discriminatory act. The AHRC first attempts conciliation; if that fails, you can take the matter to the Federal Court or Federal Circuit and Family Court.
When does it apply?
- You are applying to rent a property and are rejected or treated unfairly because of a protected attribute.
- You are a current tenant facing different terms, conditions, or eviction linked to a protected attribute.
- You are buying property and denied access to services such as mortgage lending on a discriminatory basis.
- You have a disability and are denied a reasonable modification to your rental property.
What to Do If You Face Housing Discrimination in Australia
- Document everything — save emails, text messages, listings, and written communications that show discriminatory treatment.
- Lodge a complaint with the AHRC online at humanrights.gov.au or by post within 12 months of the incident.
- Contact a community legal centre for free advice — many specialise in discrimination cases.
- Request reasonable modifications in writing if you have a disability, and keep a copy of the request and the landlord's response.
What should you NOT do?
- Don't delay your complaint — the 12-month time limit is strict, and late complaints may be declined.
- Don't assume indirect discrimination is legal — rules that look neutral but disproportionately affect a protected group are unlawful unless justified.
- Don't retaliate against a landlord or agent in ways that could weaken your legal position. Use the formal complaint process.
- Don't accept verbal excuses — if you suspect discrimination, ask for reasons in writing so you have evidence.
How Western Australia differs from federal law
Anti-discrimination in housing in WA is governed by the Equal Opportunity Act 1984 (WA) and the federal Disability Discrimination Act 1992 (Cth).
- The Equal Opportunity Act 1984 (WA) prohibits discrimination in accommodation on the grounds of race, sex, age, disability, marital status, pregnancy, religious conviction, political conviction, gender history, sexual orientation, family responsibility, and family status.
- It is unlawful for a landlord, agent, or strata body corporate to refuse to rent, impose different terms, or evict a tenant based on a protected ground.
- Complaints go to the Equal Opportunity Commission of WA, which attempts conciliation. If conciliation fails, the matter can proceed to the State Administrative Tribunal (SAT).
- WA does not have a state human rights act, so housing anti-discrimination protections rely primarily on the Equal Opportunity Act rather than a broader rights framework.
Additional Steps in Western Australia
Lodge a discrimination complaint with the Equal Opportunity Commission (eoc.wa.gov.au or 08 9216 3900) within 12 months. If conciliation fails, apply to SAT (sat.justice.wa.gov.au). For federal disability discrimination, contact the Australian Human Rights Commission. Free advice from Tenancy WA (1800 621 888).
Relevant Law: Equal Opportunity Act 1984 (WA); Disability Discrimination Act 1992 (Cth); Residential Tenancies Act 1987 (WA)
Common Questions
When does anti-discrimination in housing apply?
You are applying to rent a property and are rejected or treated unfairly because of a protected attribute.You are a current tenant facing different terms, conditions, or eviction linked to a protected attribute.You are buying property and denied access to services such as mortgage lending on a discriminatory basis.You have a disability and are denied a reasonable modification to your rental property.
What should I do if I believe a landlord or agent in Australia discriminated against me when renting?
Document everything — save emails, text messages, listings, and written communications that show discriminatory treatment.Lodge a complaint with the AHRC online at humanrights.gov.au or by post within 12 months of the incident.Contact a community legal centre for free advice — many specialise in discrimination cases.Request reasonable modifications in writing if you have a disability, and keep a copy of the request and the landlord's response.
What mistakes should I avoid with anti-discrimination in housing?
Don't delay your complaint — the 12-month time limit is strict, and late complaints may be declined.Don't assume indirect discrimination is legal — rules that look neutral but disproportionately affect a protected group are unlawful unless justified.Don't retaliate against a landlord or agent in ways that could weaken your legal position. Use the formal complaint process.Don't accept verbal excuses — if you suspect discrimination, ask for reasons in writing so you have evidence.
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