When you apply under the general protections laws, you start a legal process. If we cannot resolve your case, you may be able to apply to a federal court as the next stage in the process.
The 2 courts that deal with general protections laws are:
- the Federal Circuit and Family Court of Australia (Division 2)
- the Federal Court of Australia.
General protections dismissal
You may only go to court after a Commission Member issues a certificate.
A Commission Member issues a certificate in about 25% of general protections dismissal cases. You must apply to a federal court within 14 days of the date on the certificate.
General protections no dismissal
You do not need a certificate from the Commission to apply to a federal court. You may go to court if:
- you choose to go straight to the court
- the employer refuses to take part in a conference at the Commission
- there is no agreement after a conference and neither side agrees to arbitration at the Commission