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Many older Victorians continue to face unfair treatment simply because of their age. This member briefing explains what age discrimination is, how common it is, the laws that protect against it, and what more might needs to be done to prevent it.
COTA Victoria has produced this resource to build community understanding of age discrimination, support those affected, and encourage collective action to eliminate it.
What is age discrimination?
Age discrimination occurs when a person is treated less favourably or excluded because they are, or are perceived to be, too “old” or too “young”. It affects many older people’s ability to exercise their rights and participate fully in social and economic life.
While some forms of age-based action can promote equality (for example, targeted programs to boost employment of older people), this briefing focuses on the negative and unlawful forms of age discrimination.
Where can age discrimination occur?
Age discrimination is legally recognised in a range of areas, including:
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- Employment: Seeking and retaining jobs, application of employment conditions and benefits, and general treatment of employees.
- Education: Access to adult and tertiary education opportunities, entry, and assessment processes.
- Goods and services: Including banking, insurance and other financial services, healthcare, housing, transport, and recreation.
- Access to facilities and premises: Such as sporting and recreational facilities, entertainment venues, shops, and restaurants.
- Government programs and laws: Including how information about programs is provided.
Unlawful age discrimination can occur in the commercial, government and non-government or community sectors but not within purely private or family settings.
Legal protections
Age discrimination is prohibited under both Commonwealth and Victorian law. Two key laws exist to prevent unfair treatment, promote equality, and provide clear processes for complaint, conciliation, and redress.
Commonwealth Age Discrimination Act (2004)
This Act sets out the situations in which age discrimination is unlawful and provides a process for individuals to make complaints. These complaints may be resolved through conciliation or court proceedings.
The Act is administered by the Australian Human Rights Commission (AHRC) which also deals with discrimination based on sex, race, disability and other human rights. The AHRC does not act as an advocate or legal representative.
Access or learn more about AHRC complaints processes at this website, or by calling 1300 656 419.
Victorian Equal Opportunity Act (2010)
This Act makes it illegal to discriminate against someone based on a range of specified characteristics, including age. It includes a positive duty requiring organisations to work to eliminate discrimination.
The Act is administered by the Victorian Human Rights and Equal Opportunity Commission (VHREOC). As well as formal complaints, VHREOC invites anonymous reports about any experience of perceived discrimination. This can contribute to systemic solutions.
Access or learn more about VHREOC’s complaints and dispute resolution process at this website, or by calling 1300 292 153.
How does age discrimination relate to ageism and elder abuse?
Age discrimination is underpinned by ageism – attitudes, beliefs and assumptions that are deeply rooted in our cultural and social structures and spread through negative stereotypes. Discrimination occurs when ageism influences decision-making about what a person should be able to access or do compared to other age groups.
Direct age discrimination occurs when an individual is treated unfairly due to a negative view about the person’s age-related ability or suitability. For example, a person might be excluded from a sporting club because they are seen to be too old to use certain equipment.
Indirect age discrimination occurs when a person needs to comply with a universal requirement but cannot do so due to an age-related constraint. For example, a government program that can only be accessed online might discriminate against an older person who lacks digital competence.
Age discrimination is chiefly about action in public life but can be linked to elder abuse in families. This could involve, for example, a family member exploiting a discriminatory system or reinforcing exclusion as part of controlling behaviour.
Links to other forms of discrimination
Age discrimination can overlap with unfair treatment based on factors such as disability, gender, race, or sexuality. These overlapping disadvantages are referred to as intersectionality. Just as age discrimination is underpinned by ageism, other forms of discrimination are rooted in sexism, racism, ableism, and homophobia.
- Age and disability discrimination frequently coincide, given the higher rates of disability among older people.
- Under AHRC processes and the Federal Disability Discrimination Act 1992, cases involving both age and disability can be pursued as disability discrimination.
Under Victorian law and VHREOC processes, complaints are generally classified according to the primary ground of discrimination.
COTA Victoria believes there is a need for more integrated recognition of age alongside other grounds for discrimination in future policy and legal frameworks.
How common is age discrimination?
Data on age discrimination in Australia remains limited and fragmented. However, several data sources help us gauge the extent of the problem.
Community surveys
Recent surveys indicate that age discrimination remains widespread.
A COTA survey (2021) found 37% of older Australians reported having experienced age discrimination – 70% in employment and 30% in goods and services. [1]
A National Seniors Australia survey (2024) found 40% had experienced age discrimination, particularly in access to goods and services, financial products, housing, volunteering, and driving. [2]
An Australian Bureau of Statistics (ABS) survey in 2022 found that people over 65 accounted for 18% of those experiencing disability discrimination, mainly involving services, hospitality, and employment. [3]
Complaints data
In 2023–24, the AHRC received 181 formal complaints relating to alleged age discrimination. Of these just over half related to employment issues (55%) and almost a third to provision of goods and services (31%).[4]
Over the five years from July 2020, the VHREOC received 416 age-related complaints (across all ages) – 53% about employment, 36% goods and services, and 15% other settings. In the same period, 244 complaints (on all grounds) were made by people aged 60 and over. This number has shown a clear upward trend since 2021. The settings and age breakdown for these complaints are shown in the chart below.[5]
Many older people do not lodge complaints due to lack of awareness, confidence, or fear of reprisal. The above figures also do not capture discrimination that is classified as disability, race, ethnicity, gender, or sexuality but may also involve age related issues.
These formal complaints are the tip of the iceberg of instances where older people face bias, poorer treatment, or systemic unfairness. Age-related bias is also an often-unrecognised factor in consumer complaints about banking, insurance, energy, telecommunications, and housing.
Recent examples of age discrimination cases in Australia
Age-based complaints pursued through state and national anti-discrimination bodies over recent years range widely in nature. Publicly reported examples include:
- A man in his 80s employed in the education sector believed his employer was using redundancy to excuse termination based on perceived mental incapacity linked to age.
- A fit and healthy 82-year-old man who tried to book holiday accommodation was told that the owner would not rent to people over 75 owing to concerns about trip hazards.
- A woman in her 60s with extensive experience as an accountant felt mocked and devalued by her employer including being told he wished she would “hurry up and retire.”
- A 54-year-old woman made redundant after a restructure made a complaint of age discrimination after the employer made public statements about wanting young vibrant employees.
- A 65-year-old man not yet retired lodged an age discrimination case when his superannuation fund refused let him access his account online.
Age discrimination in workplace contexts is being increasingly identified and a number of high-profile cases prosecuted. Examples of age discrimination called out in other sectors include:
- Requirements placed on older drivers in some jurisdictions to undergo special testing or pay unreasonable extra premiums for car insurance
- Older travellers being denied access to travel insurance or charged exorbitant prices based on perceived but not actual risk linked to age.
- Older people being denied access to a credit card on the basis that they don’t have a taxable income as self-funded retirees.
How can we better combat age discrimination?
COTA Victoria believes there are several key actions needed to better address age discrimination:
- Undertake consumer research to better understand older Victorians’ experience of age discrimination in the provision of goods and services and access to facilities (which have received less overall attention compared to workplace discrimination).
- Compile data to develop a clearer picture of the prevalence of age discrimination including trends over time and across different sectors
- Expand access to age-friendly services that offer advice, advocacy, and legal assistance, including initiatives to strengthen financial and consumer literacy.
- Deliver targeted programs across sectors to raise awareness, prevent discriminatory practices, and strengthen organisational responses.
- Enhance state and national legislation to encourage proactive prevention and better handle cases involving multiple grounds of discrimination.
Feedback and advice
COTA Victoria is keen to hear your experiences of age discrimination and your views on how current protections against this discrimination could be improved.
Please provide input by responding to our online survey. All responses will be received anonymously.
If you believe you have experienced discrimination and wish to take action, contact:
- Australian Human Rights Commission: 1300 656 419.
- Victorian Human Rights and Equal Opportunity Commission: 1300 292 153.
- COTA WISE Information Line: 1300 13 50 90 or email askcota@cotavic.org.au.
- Or speak to your local community legal centre for free advice.
[1] COTA Australia, State of the Older Nation Report 2021, https://cota.org.au/report/state-of-the-older-nation/
[2] National Seniors Australia 2025, Elements of Ageism 4: Experiences of exclusion and discrimination, https://www.abs.gov.au/statistics/health/disability/disability-ageing-and-carers-australia-summary-findings/latest-release#disability
[3] ABS Survey of Ageing, Disability and Carers, 2022 https://www.abs.gov.au/statistics/health/disability/disability-ageing-and-carers-australia-summary-findings/latest-release#disability
[4] Australian Human Rights Commission 2023-24 Complaint statistics accessed through Annual Report 2023-24 https://humanrights.gov.au/
[5] Data supplied on request by VHREOC staff.