Dealing with Renting Discrimination in Western Australia

Renting a home should be a fair process, free from discrimination. However, discrimination in renting can still occur, affecting your ability to find suitable housing. If you're a renter in Western Australia facing discrimination in your housing, it's important to know your rights and the steps you can take to address the issue.

Understanding Discrimination in Renting

Discrimination in renting occurs when a prospective tenant or current renter is treated unfairly based on characteristics such as race, gender, age, disability, marital status, or sexual orientation. In Western Australia, discrimination is prohibited under the Fair Trading Act 1987 (Cth) and the Equal Opportunity Act 1984 (WA).

How to Address Renting Discrimination

1. Identify the Discrimination

Recognize the signs of discrimination, such as being refused a rental property for unexplained reasons or receiving unfair treatment compared to other tenants. Document any incidents in detail.

2. Attempt Resolution Directly

Before escalating, try to resolve the issue by communicating directly with the landlord or property manager. A straightforward conversation can sometimes clear up misunderstandings.

3. File a Formal Complaint

If direct resolution fails, you can lodge a complaint with the Department of Mines, Industry Regulation and Safety or the Western Australian Equal Opportunity Commission. Consider using the Complaint Form available on their website.

4. Seek Legal Advice

Engage with a legal professional or community legal centre for guidance and support. They can help assess your situation and advise on further actions.

5. Application to the Tribunal

If the issue persists, you may apply to the Western Australian State Administrative Tribunal (SAT), where a formal hearing can be requested to resolve the matter.

Know Your Rights under the Law

Understanding your rights under the Residential Tenancies Act 1987 (WA) empowers you to take appropriate action. This Act governs the rental agreement, and any discriminatory practices related to eviction, rent increases, or tenancy terms.

Remember, discrimination in renting is never acceptable. Knowing the laws and resources available can help protect your rights.

FAQ Section

1. What counts as discrimination under the law? Discrimination includes refusing rental applications based on personal attributes like race, gender, etc.
2. Can I be evicted for reporting discrimination? No, it's illegal to retaliate against tenants lodging complaints.
3. Where can I get free legal advice? Community Legal Centres in Western Australia can provide free advice on discrimination matters.

How To Section

1. How to document incidents of discrimination? Record the date, time, and nature of the incident, including any witnesses present.
2. How to lodge a discrimination complaint? Fill out the complaint form from the Equal Opportunity Commission and provide evidence of discrimination.
3. How to prepare for a tribunal hearing? Gather all evidence, such as emails, witness statements, and previous complaint correspondences.

Key Takeaways

• Discrimination in renting is illegal under federal and state laws.
• Attempt resolution directly before escalating.
• Seek guidance from legal professionals or community centres.

Need Help? Resources for Renters

If you need further assistance, consider reaching out to:

• Department of Mines, Industry Regulation and Safety for tenancy information.
• Western Australian Equal Opportunity Commission for discrimination complaints.
• Consumer Credit Legal Service (WA) for free legal advice.

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1. Australian Government. Fair Trading Act 1987. Retrieved from legislation.gov.au
2. Legislation Western Australia. Residential Tenancies Act 1987. Retrieved from legislation.wa.gov.au
3. Equal Opportunity Commission. Equal Opportunity Act 1984. Retrieved from legislation.wa.gov.au

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