Older people's rights and the law
Understand your rights as an older person in Australia, including protections against age discrimination and how to address unfair treatment.
Protecting the human rights of older people
Human rights apply equally to everyone, regardless of age.
Protection of human rights is important to enable older people to lead dignified, secure lives, as equal members of society.
What is the Age Discrimination Act?
The Age Discrimination Act 2004 (Cth) (the ADA) makes it against the law to treat you unfairly because of your age. The ADA protects young people, older people and everyone in between.
When can this law be used?
You can use the Age Discrimination Act to get fair treatment in many areas of public life such as:
- Employment – getting a job, terms and conditions of a job, training, promotion, being dismissed.
- Education – enrolling or studying in a course at a private or public school, college or university.
- Accommodation – renting or buying a house or unit.
- Getting or using services – such as banking and insurance services, services provided by government departments, transport or telecommunication services, professional services like those provided by lawyers, doctors or tradespeople, services provided by restaurants, shops or entertainment venues.
More about the Age Discrimination Act
Learn more about the Age Discrimination Act and the complaints process.
An international Convention on the Rights of Older Persons
Despite the growing trend of ageing populations, both globally and in Australia, there are currently limited human rights protections for older people both nationally and internationally. The Age Discrimination Commissioner is leading national efforts to strengthen the recognition and protection of older persons' human rights.
Did you know?
Article 1 of the Universal Declaration of Human Rights says all human beings are born free and equal in dignity and rights. Everyone is entitled to the same rights, this does not change with age.
A national Human Rights Act
The Commission has been campaigning for a Human Rights Act for Australia as part of its Free & Equal project. A national Human Rights Act that protects economic, social and cultural rights would make a difference to the lives of older people in Australia.
A Human Rights Act would enhance the protection of older people’s rights and enable them to lead dignified, secure lives, as equal members of society.
It would:
- improve the policies, procedures and services that impact their daily lives
- provide remedies to breaches of human rights.
The Age Discrimination Commissioner is working with stakeholders in the age sector to advocate for a national Human Rights Act.
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