Age Discrimination Act 2004

Administered by Attorney-General's Department

Legislation au C2004A01302 In force Act

Legislation content

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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.

Legal classification tags

Area of Law
Human Rights Law
Employment & Labour Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Offence Provisions
Licensing & Registration
Victimisation
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.