# Can I sue my employer in a local court for racial harassment?

- Jurisdiction: Australia
- Practice area: Employment Law
- Published: 2026-10-27
- Last updated: 2026-10-27
- Canonical: https://lawasked.com/au/employment-law/can-i-sue-my-employer-local-court-racial

## Question

I am writing this from Melbourne, Victoria, because I am feeling quite distressed about a situation at my workplace. For the last six months, since January, my manager has been making incredibly offensive comments about my cultural background during our weekly team meetings. This has happened at least twice a month, and it has made the workplace feel very hostile. I have already tried to resolve this internally by lodging a formal grievance with our human resources department back in March, but they basically brushed me off and told me it was just a misunderstanding. I have kept a detailed log of every single comment and the dates they occurred, but nothing has changed. I want to take this matter further and seek compensation for the emotional distress and the impact it has had on my mental health. I was wondering if I can actually take this specific type of discrimination case directly to a local or state court here in Victoria to get justice, or is there a specific rule about which courts are actually allowed to hear cases involving racial discrimination?

## Summary

Yes, you may be able to take this to a state court, as the law allows state courts to hear cases involving the Racial Discrimination Act. However, whether a local court specifically has the power to hear your particular claim depends on whether a proclamation has been made to allow it.

## Analysis

Under the Racial Discrimination Act 1975, the law provides a way for state courts to handle federal discrimination matters. Specifically, the Act states that "the several courts of the States are invested with federal jurisdiction" [1]. This means that courts in Victoria are granted the power to hear and decide legal proceedings brought under this Act. 

However, there is a potential restriction on when a state court can actually start these proceedings. The law says "No proceedings under this Act shall be instituted in a court of a State or Territory before a day to be fixed by Proclamation" [1]. A proclamation is an official public announcement made by the government. This means that even though state courts are 'invested' with this power, they might not be allowed to actually use it until the government officially declares that they can. 

In your situation, since your manager has been making offensive comments about your cultural background since January, you are describing conduct that may fall under the protections of the Act. While the Fair Work Act 2009 also prohibits employers from taking adverse action because of race [2], your question specifically asks about the jurisdiction (the legal authority of a court to hear a case) of state courts regarding racial discrimination. 

It is currently unsettled whether the specific local court in Melbourne where you intend to file has been granted this jurisdiction via proclamation. While the state courts generally have this power, the specific 'class of courts' (such as a local court versus a higher state court) must be authorized [1]. You should also note that the Racial Discrimination Act does not stop other state laws from operating at the same time [3]. 

State, provincial, or local laws in Victoria may add further rules regarding which specific courts handle small claims or civil disputes.

## Statutory citations

- Racial Discrimination Act 1975, Section 44 - Jurisdiction [in force] (https://www.legislation.gov.au/C2004A00274/latest/text)
  > The several courts of the States are invested with federal jurisdiction... No proceedings under this Act shall be instituted in a court of a State or Territory before a day to be fixed by Proclamation
- Fair Work Act 2009, Section 351 - Discrimination [in force] (https://www.legislation.gov.au/C2009A00028/latest/text)
  > An employer must not take adverse action against a person who is an employee... because of the person’s race
- Racial Discrimination Act 1975, Section 18F - State and Territory laws not affected [in force] (https://www.legislation.gov.au/C2004A00274/latest/text)
  > This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

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