Caste is not explicitly mentioned in any federal, state or territory laws in Australia. The main issue is if existing race laws cover caste. The Australian Human Rights Commission (AHRC) said in February 2026 that this has not been tested in Australian courts (NRI Affairs, “Senate grilling puts caste discrimination back on national agenda”). This guide explains the current state of play with federal laws, state reviews, recommendations by the AHRC, and community research reports. This is general information and should not be taken as legal advice. This provides more context to the Australia section in our comparison of different countries.
What federal law says
The Racial Discrimination Act 1975 (Cth) states it is unlawful to treat a person less fairly than another person in a similar situation because of race, colour, descent, or national or ethnic origin (Wikipedia, “Racial Discrimination Act 1975”). It covers indirect discrimination (Wikipedia). The Act is administered by the AHRC (Wikipedia). It does not cover caste.
We’ll examine if “descent” covers caste. The UN committee responsible for the Racial Discrimination Convention considers descent to include caste and similar systems, as our guide to descent-based discrimination explains. At the February 9, 2026, Senate Hearing, President of the Commission, Hugh de Kretser, mentioned the Act refers to “descent” and also “social origin,” but protections for caste have not been tested in the Australian courts (NRI Affairs). As of the last reliable report, no Australian court has decided a case on caste.
Caste laws in Australia at a state and territory level
Each state and territory in Australia has its own anti-discrimination law, and both sets of laws apply (Wikipedia, “Anti-discrimination laws in Australia”). The Anti-Discrimination Act 1977 of New South Wales describes race to include colour, nationality, descent and ethnic, ethno-religious or national origin (Law Society of NSW, 2025). The Law Society of NSW states this definition does not specifically exclude caste (Law Society of NSW, 2025).
According to Wikipedia, The Anti-Discrimination Act 1977 is under review by The NSW Government. The Coalition Against Caste Discrimination (CACD) requested The NSW Law Reform Commission, review the Act in order to recognise caste as descent-based discrimination (CACD, submission to the NSW Law Reform Commission). I did not find the review’s final recommendations regarding caste in the information provided. For more see the log.
AHRC and caste: the Anti-Racism Framework
The AHRC’s work on caste discrimination began with the scoping report. The Commission confirmed caste as a form of social stratification within the South Asian diaspora and religious communities in December 2022. The report noted that race can also be experienced by people through the system of caste (Scroll).
In late 2024, the Commission released its National Anti-Racism Framework, which included Recommendation 17. This calls on the government to “investigate options for legal protections against caste discrimination, including consideration of amending existing legislation” (Scroll; NRI Affairs). The recommendation outlines the possibility of amending the Racial Discrimination Act to include caste as a protected attribute (NRI Affairs). The recognition by the Commission was a result of the report, Caste in Australia: A Phenomenology of Casteism, a research study funded by the AHRC and the Federation of Ethnic Communities’ Councils of Australia (Oxford Faculty of Law, news item). A recommendation to investigate, is not law. At the time of publishing the last report, the Government had not passed any such legislation.
What research reports on caste discrimination Australia
Wankhede’s study found caste-based discrimination in education and employment in Australia, and aligned with others who state this practice is on the rise in Australia (SBS, “This form of discrimination is growing in Australia”). The study outlines that caste discrimination is systemic in areas of South Asians’ daily life in Australia, which includes employment, education and housing (SBS). The study is a qualitative research study based on reported experience and is not aimed at being statistically representative. A study published in 2023 claims that the South Asian population in Australia is over 1 million (South China Morning Post, “Caste discrimination is legal in Australia”).
Our posts on Casteism and who are Dalits detail the concepts, and our post on who are the Dalits covers the community. Dalit Australians are part of the diaspora covered in our post on the USA and UK Ambedkarite groups.
A complaint under the Racial Discrimination Act
During the February 2026 hearing, Senator David Shoebridge queried the Commission about a complaint alleged to have been made under the Racial Discrimination Act, regarding caste discrimination in connection with funding and other decisions by Multicultural NSW and an NRI affairs minister. As this is an allegation only, I have not reported the responses by the organisations or the minister, or indicated any outcome. It is possible the organisations/minister and the complainant, are awaiting the outcome of an investigation. Complaints under this Act are usually made to the AHRC and they take the lead in the ensuing legal process including possible conciliation (Wikipedia).
The arguments
It is claimed that under existing laws, there is a lack of clarity, and naming Caste would assist the community to be better placed to recognise and define it. There are also arguments that Australia’s multicultural policy commits it to inclusion (South China Morning Post, Caste Law advocates). The same article also reports that some people deny the existence of caste discrimination in Australia (South China Morning Post). I found no direct statement against Caste Laws from an Australian organisation. In the USA, there are similar organisations to the Hindu American Foundation that oppose caste-specific laws, and our post on the Caste Laws Debate covers this.
How Australia compares
| Legislation? | Main route | Status | |
|---|---|---|---|
| Australia | No | Racial Discrimination Act (“descent”); state acts | Untested in court; NSW review; Recommendation 17 |
| UK | Duty exists, unused | Equality Act s.9(5); Tirkey | Case law route |
| Canada | No | Provincial codes; Ontario policy | Provincial rulings |
| US | Not at federal level | Seattle, Fresno; Title VII arguments | No federal law; state/local rulings only |
Other guides
Our guides on caste discrimination in the UK, Canada and in America cover these jurisdictions, and our US legislation tracker covers the bills.
If you are affected
I am unable to give legal advice, as to whether a particular caste complaint would be successful, as no court has decided on this. I would recommend that you contact a community legal centre, where they may be able to provide legal advice and/or representation. Our guide to making a complaint of caste discrimination covers complaints in the UK and US and describes the similarities and differences with complaints in Australia. The time limits for making a complaint in Australia are also different to the US and UK.
Why it matters
There is currently no case law in Australia, and there are communities documenting their own cases, where skills in blogging, AI tools and email marketing have become essential. This program is designed to provide the necessary skills.
Takeaway
Caste in Australia is not named in any law. The Racial Discrimination Act bans discrimination on the basis of descent. In February 2026, the AHRC said the application of the Act to caste discrimination had not been tested in court. The Commission’s Recommendation 17 asks the Government to investigate the case for explicit protection, and the New South Wales Act is also under review, which does not explicitly cover caste. Community research reports caste discrimination in schools, workplaces and housing, and the debate over naming it is still open.
Frequently Asked Questions
Is caste discrimination illegal in Australia?
No law names caste. The Racial Discrimination Act bans discrimination based on descent, and the Human Rights Commission said in February 2026 that whether this covers caste has not been tested in court.
What is Recommendation 17?
It is a recommendation in the Commission’s National Anti-Racism Framework, which asks the Government to investigate options for legal protection against caste discrimination, including reform of existing laws.
Can I make a caste complaint to the AHRC?
Race discrimination complaints go to the AHRC under the Racial Discrimination Act. Whether a caste complaint would succeed is untested. Please get legal advice.
Is there research on caste in Australia?
Yes. A report by Asang Wankhede, funded by the AHRC and FECCA, found caste discrimination reported in schools, universities, workplaces and housing. It is a qualitative study.
Has any state banned caste discrimination?
Not as far as I could find. New South Wales has been reviewing its Anti-Discrimination Act, and the Law Society notes the Act does not expressly prohibit caste discrimination.
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SOURCES
- NRI Affairs, “Senate grilling puts caste discrimination back on national agenda,” February 2026
- Scroll, “Australian human rights body suggests banning caste discrimination in National Anti-Racism Framework”
- Oxford Faculty of Law, “Australian National Anti-racism Framework recognises Caste-based discrimination”
- SBS, “This form of discrimination is growing in Australia”
- South China Morning Post, “Caste discrimination is legal in Australia, home to more than 1 million South Asians”
- Wikipedia, “Racial Discrimination Act 1975”
- Wikipedia, “Section 18C of the Racial Discrimination Act 1975”
- Wikipedia, “Anti-discrimination laws in Australia”
- Wikipedia, “Anti-Discrimination Act 1977” (NSW)
- Law Society of NSW, letter to the NSW Law Reform Commission, September 1, 2025
- NSW Law Reform Commission, preliminary submission (CACD)
- Racial Discrimination Act 1975 (Cth) (please add the link from legislation.gov.au)
