Protected Against Discrimination in Renting in WA

In Western Australia, renters are shielded from discrimination thanks to comprehensive laws aimed at ensuring equal access to housing. Understanding your rights can help ensure you are treated fairly when renting a home.

Laws Protecting Renters from Discrimination

The Residential Tenancies Act 1987 governs renting laws in Western Australia. Under this Act, landlords must not discriminate based on race, gender, disability, age, or any other protected characteristic. In addition to this, the Fair Trading Act 1987 also provides national protection against unfair practices in renting situations.

Recognizing Discriminatory Practices

Discrimination in renting can take many forms, such as refusing to rent to someone due to their race or charging higher rent based on someone's age. It is crucial to be aware of these practices to address them effectively.

Steps to Address Discrimination

• Document the incident: Keep records of any discriminatory statements or actions.
• Contact the Equal Opportunity Commission of Western Australia for guidance on lodging a complaint.
• If necessary, apply to the Magistrates Court for resolution. You can find more information on the Magistrates Court of Western Australia website.

Using Official Forms to Support Your Case

If you decide to lodge a complaint, using official forms is crucial in making your case. Here are some key forms:

• Form 1AC - Application for EOC Investigation: Use this form to lodge a discrimination complaint with the Equal Opportunity Commission. You should fill this form if you feel you've been discriminated against during your rental application process.
• Form 6 - Application for Residential Tenancy Court: This form is for when you need to bring your case to the Magistrates Court. Submit this if your issues were not resolved through mediation.

Both forms are available on the WA Government's Department of Justice website.

FAQ

1. What constitutes discrimination in renting? Discrimination can include unfair treatment due to race, age, gender, disability, religion, etc. Landlords must evaluate applications based on merit, not personal attributes.
2. What should I do if I suspect discrimination? Document incidents and contact the Equal Opportunity Commission for advice and possible mediation.
3. Can I take legal action if I'm discriminated against? Yes, you can apply to the Magistrates Court if mediation doesn’t resolve the issue.

Key Takeaways

• Western Australia law prohibits discrimination in housing. Always act if suspecting unfair practices.
• Utilize the resources available, such as the Equal Opportunity Commission, to ensure your rights are protected.
• Understanding and using the correct forms can strengthen your case if you need to escalate your complaint.

Need Help? Resources for Renters

For assistance, reach out to the following Western Australian resources:

• Equal Opportunity Commission - Offers advice and handles discrimination complaints.
• Magistrates Court of Western Australia - For legal proceedings related to tenancy disputes.
• Tenancy WA - Provides legal advice and support for tenants.

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1. Fair Trading Act 1987 (Cth)
2. Residential Tenancies Act 1987
3. Department of Justice Forms

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