Age Discrimination Act 2004
No. 68, 2004
Compilation No. 57
Compilation date: 1 July 2026
Includes amendments: Act No. 17, 2025
About this compilation
This compilation
This is a compilation of the Age Discrimination Act 2004 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Objects
4 Simplified outline
5 Definitions
6 Age discrimination not to include disability discrimination
7 Meaning of act—omission to act
8 Commonwealth taken to be employer
Part 2—Application and constitutional provisions
9 Geographical application of Act
10 Application of Act—constitutional powers
11 Compensation—constitutional safety net
12 Operation of State and Territory laws
13 Extent to which Act binds the Crown
Part 3—Concept of age discrimination
14 Discrimination on the ground of age—direct discrimination
15 Discrimination on the ground of age—indirect discrimination
16 Act done because of age and for other reason
Part 4—Unlawful age discrimination etc.
Division 1—Simplified outline
17 Simplified outline
Division 2—Discrimination in work
18 Discrimination in employment
19 Discrimination against commission agents
20 Discrimination against contract workers
21 Partnerships
22 Qualifying bodies
23 Registered organisations under the Fair Work (Registered Organisations) Act 2009
24 Employment agencies
25 Exemption for youth wages
Division 3—Discrimination in other areas
26 Education
27 Access to premises
28 Goods, services and facilities
29 Accommodation
30 Land
31 Administration of Commonwealth laws and programs
32 Requests for information
Division 4—General exemptions
33 Positive…
Overview
The Age Discrimination Act 2004 was enacted by the Commonwealth Parliament to address the issue of discrimination against individuals based on their age. The primary objective of this Act is to eliminate, as far as possible, age-based discrimination in various areas of life, including employment, education, access to premises, and the provision of goods, services, and facilities. It also seeks to ensure equal rights and opportunities for all individuals, regardless of age, and to promote the recognition of fundamental rights for people of all ages within the community. Furthermore, the Act aims to respond to demographic changes by removing barriers to older people's participation in society and changing negative stereotypes about older individuals, aligning with international commitments to eliminate age discrimination.
Scope and Application
The Age Discrimination Act 2004 is a Commonwealth Act that applies to all individuals and entities within Australia, including external territories. It aims to eliminate discrimination against persons based on their age in various domains such as work, education, access to premises, and the provision of goods, services, and facilities. The Act prohibits both direct and indirect age discrimination, providing a broad scope of protection against unfair treatment based on age. It applies to employers, employees, principals, commission agents, contract workers, partnerships, educational authorities, and service providers among others. Notably, the Act does not apply to discrimination based on disability. The Act’s jurisdictional reach is extensive, covering acts done within Australia and acts involving Commonwealth employees, regardless of location. It also extends to acts done by foreign corporations, trading corporations, and financial corporations, provided the discrimination occurs in the course of their trading or financial activities. Additionally, the Act applies to discrimination in trade or commerce between Australia and places outside Australia, among the States, between a State and a Territory, or between two Territories. The Act establishes specific offences and provides exemptions in certain circumstances, such as when discrimination is based on actuarial or statistical data, or when it is necessary to avoid injury to religious sensitivities. The Act also prohibits victimisation against individuals who have made complaints or provided information related to age discrimination. The Act empowers the Australian Human Rights Commission to handle complaints and enforce its provisions, and it designates an Age Discrimination Commissioner to oversee its implementation.
Key Provisions
- The Age Discrimination Act 2004 aims to eliminate discrimination on the basis of age in various areas, including employment, education, access to premises, goods, services, and facilities, accommodation, disposal of land, and administration of Commonwealth laws and programs. The Act applies throughout Australia, with limited application to certain areas such as trade or commerce, banking, and insurance. Key provisions include prohibitions on direct and indirect discrimination, victimisation, and specific offences related to age discrimination. The Act also establishes exemptions for certain activities, such as positive discrimination, superannuation, insurance, credit, and compliance with other laws. The Australian Human Rights Commission is responsible for promoting understanding and compliance with the Act, and the Age Discrimination Commissioner assists in this role. Breaches of the Act can lead to civil and criminal penalties, including fines and imprisonment. The Act also provides mechanisms for review and appeal of decisions by the Commission and the Administrative Review Tribunal.
- Area of Law
- Human Rights Law
- Employment & Labour Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Offence Provisions
- Licensing & Registration
- Victimisation
- Regulatory Standards