Applying for a rental property can be a challenging experience—made even harder when discrimination enters the picture. In Australia, renters are protected by anti-discrimination laws that make it illegal for property owners or agents to treat applicants unfairly based on personal characteristics. Understanding your rights (or responsibilities, if you’re a property owner) is key to a fair and lawful rental process.
What Are Protected Attributes in Australia?
In Australia, anti-discrimination laws exist at both federal and state/territory levels. While there is some variation depending on your location, the common protected attributes include:
Race
Age
Sex
Gender identity
Sexual orientation
Marital or relationship status
Pregnancy or potential pregnancy
Family or parental responsibilities
Disability (including physical, intellectual, psychiatric conditions)
Religion
Political opinion
National or ethnic origin
Some jurisdictions also protect:
Lawful sexual activity
Trade union activity
Criminal record (in certain contexts)
Source of income (e.g., Centrelink, NDIS, rental assistance)
Discriminating against someone on the basis of any of these attributes in a rental application process is unlawful.
How Discrimination Can Appear in Rental Applications
Discrimination isn’t always obvious. It can occur subtly or systemically, and often applicants may not realise it’s happening. Here are some examples specific to the Australian rental context:
Application Rejections Based on Family Status
Refusing to rent to someone with children or asking whether a woman is pregnant is a breach of anti-discrimination laws in most states.
Requests for Unlawful Personal Information
Asking applicants to disclose their religion, sexual orientation, or plans to start a family has no place in a rental application.
Source of Income Bias
Dismissing applicants solely because they receive Centrelink payments or hold a disability support pension can be discriminatory.
Disability and Accommodation
Refusing reasonable adjustments—like allowing a renter to install grab bars or use a support animal—is unlawful under the Disability Discrimination Act 1992.
Coded Language in Listings
Using terms like “young professional preferred,” “no kids,” or “English-speaking only” may indicate indirect discrimination.
What Property owners and Property Managers Should Do
To comply with anti-discrimination laws and ensure a fair process:
Use consistent, lawful criteria for all applicants (e.g. rental history, income sufficiency).
Avoid personal questions that relate to protected attributes.
Ensure advertisements are neutral and inclusive.
Keep records of application decisions in case you’re asked to justify them.
Undergo training on fair housing and discrimination laws, especially if managing multiple properties.
Why This Matters
Access to secure, stable housing is a basic human right. Discrimination in rental applications doesn’t just harm individuals—it contributes to systemic disadvantage and inequality. A fairer, more inclusive rental market benefits everyone: renters, property owners, and communities alike.
Know your rights. Respect others’. And let fairness guide every rental decision.