Australia

I was told I'm too old for a promotion. Is age discrimination illegal in Australia?

18+ years

Protected age group

2004

Act commenced

65 years

No upper age limit

2 years

Time limit to complain

The Short Answer

Yes, age discrimination is illegal in Australia. It's unlawful to refuse someone a promotion because of their age under the Age Discrimination Act 2004.

What the Law Says

Australian federal law prohibits treating someone unfairly at work because of their age — including denying a promotion solely due to age.

The Age Discrimination Act 2004 (Cth) makes it unlawful to discriminate against a person on the ground of age in employment, including recruitment, promotion, training, and termination.

This protection applies to all ages — there is no upper age limit. Whether you’re 22 or 72, you’re protected if you’re 18 years or older.

Discrimination includes direct discrimination (e.g., saying 'you're too old') and indirect discrimination (e.g., requiring 'digital fluency' in a way that disproportionately disadvantages older workers without reasonable justification).

Statutory Text
It is unlawful for a person to discriminate against another person on the ground of the other person's age...
— Age Discrimination Act 2004 (Cth), s. 5 — Unlawful age discrimination

Statutory Text
In relation to employment, discrimination on the ground of age occurs if a person treats another person less favourably than they would treat a person of a different age...
— Age Discrimination Act 2004 (Cth), s. 6 — Meaning of discrimination on the ground of age

What to Do

Keep written records (emails, notes from meetings) mentioning age as a reason for being denied the promotion.

Lodge a complaint with the Australian Human Rights Commission within 2 years of the incident.

Seek free advice from the Commission or your state/territory anti-discrimination body.

If unresolved, you may apply to the Federal Court or Federal Circuit and Family Court of Australia.

Sources

statuteAge Discrimination Act 2004 (Cth), s. 5 — Unlawful age discrimination statuteAge Discrimination Act 2004 (Cth), s. 6 — Meaning of discrimination on the ground of age

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.