I was told my children are not welcome in a rental complex. Is this sex discrimination?

What the Law Says

Under Australian law, refusing to rent to someone because they have children is not classified as sex discrimination — but it may amount to unlawful discrimination on the basis of family status or age.

The Sex Discrimination Act 1984 (Cth) prohibits discrimination based on sex, gender identity, intersex status, sexual orientation, and marital or relationship status — but not directly on the basis of having children. However, section 51 of the Sex Discrimination Act makes it unlawful to discriminate against a person on the ground of 'family responsibilities', which includes responsibility for the care of a dependent child.

More directly, the Disability Discrimination Act 1992 (Cth) and the Age Discrimination Act 2004 (Cth) may apply depending on context — but the strongest protection comes from the Fair Work Act 2009 (Cth) and state-based equal opportunity laws. Importantly, the Australian Human Rights Commission Act 1986 (Cth) empowers the Commission to handle complaints about discrimination in housing, including those involving families with children.

In practice, blanket bans on children in rental properties have been found to indirectly discriminate against women (who are more likely to be primary carers), potentially engaging sex discrimination provisions — but the primary legal basis is family status.

Statutory Text

It is unlawful to discriminate against a person on the ground of the person’s family responsibilities.

— Sex Discrimination Act 1984 (Cth), s. 51 — Discrimination on ground of family responsibilities

Statutory Text

Discrimination can occur if a person is treated less favourably because of a characteristic that is generally associated with a protected attribute — even if the decision is not explicitly based on that attribute.

— Australian Human Rights Commission Act 1986 (Cth), s. 46PO — Functions of the Commission

What to Do

Sources