---
title: "Complaint to the Australian Human Rights Commission (complainant): written complaint and statement of particulars"
url: "https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/ahrc-complaint-complainant"
type: "precedent"
site: "AI Law Framework"
id: "a15-ahrc-complaint-complainant"
area_id: "A15"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A15-T1-R3"]
law_stated_as_at: "2026-10-18"
---

# Complaint to the Australian Human Rights Commission (complainant): written complaint and statement of particulars

> A written complaint of unlawful discrimination for lodgement with the Australian Human Rights Commission: who is complaining and against whom, the attribute and Act relied on, numbered particulars of each act or…

Canonical page: https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/ahrc-complaint-complainant  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

A written complaint of unlawful discrimination for lodgement with the Australian Human Rights Commission: who is complaining and against whom, the attribute and Act relied on, numbered particulars of each act or omission, the harm, the outcome sought and the time-limit check.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Anti-Discrimination & Industrial Relations](https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 3 authorities it cites, for Australia and Commonwealth.

## When to use it

Use when acting for a person (or union or representative group) alleging discrimination, sexual harassment or victimisation under a federal discrimination Act, once the forum has been chosen over a state or territory body or the Fair Work Commission. Lodge within 24 months of the conduct where possible. For the respondent side, use the respondent's response precedent.

## Used for these tasks

- [Draft a discrimination complaint and the respondent's response](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations.md#A15-T1-R3)

## How AI may be used

AI may turn the client's chronology and documents into numbered particulars and check dates against the 24-month limit; a lawyer settles the legal basis, checks every particular with the client and decides what to allege.

**AI may:**

- Organise the client's account, emails and records into a dated chronology with document references
- Draft numbered particulars from the chronology, one act or omission per paragraph
- Calculate the date 24 months after each alleged act and flag any particular outside it

**AI must not:**

- Must not add facts, dates, words spoken or comparators that are not in the client's instructions or documents
- Must not choose the Act, the attribute or the forum, or decide that a claim is reasonably arguable
- Must not name individual respondents without the lawyer's decision
- Must not process health, sexuality, ethnicity or other sensitive information in a tool outside the approved environment

**The lawyer checks:**

- Forum chosen deliberately (Commission, state or territory body, or Fair Work Commission) and any election or bar on parallel proceedings considered
- Each particular read and confirmed by the client as accurate, and it is reasonably arguable that the conduct is unlawful discrimination
- Every act within 24 months, or reasons recorded for any older conduct
- Respondents (employer, individuals, principals) and the outcome sought are deliberate choices

## Authorities

- [Australian Human Rights Commission Act 1986 (Cth) s 46P(1), (1A), (1B) (written complaint; reasonably arguable; details set out as fully as practicable)](https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ahrca1986373/s46p.html)
- [Australian Human Rights Commission Act 1986 (Cth) s 46P(2) (who may lodge, including representative complaints and trade unions)](https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ahrca1986373/s46p.html)
- [Australian Human Rights Commission Act 1986 (Cth) s 46PH(1)(b) (complaint may be terminated if lodged more than 24 months after the conduct)](https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ahrca1986373/s46ph.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/ahrc-complaint-complainant and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*