The word 'discrimination' simply means to make a distinction or to differentiate, positively or negatively, between people or things. A person 'discriminates' when they treat another person either more or less favourably on the basis of whatever consideration matters to them.

Discrimination is a usual feature of people's decision making, and, in the absence of any law against it, discrimination is legal. Discrimination is simply treating people differently on the ground of a particular consideration.

There are, however, some considerations, in some circumstances, which the law says cannot be the basis for discrimination. The most usual of these prohibited considerations are someone's sex, race, religion or disability. Other common prohibited considerations are a person's age and sexual preference.

Laws that set out these prohibited considerations are usually referred to in Australia as anti- discrimination laws, or equal opportunity laws. They prohibit treatment of a person based on certain considerations, such as race or sex, when the treatment is less favourable compared to the treatment someone else receives. Discrimination on the basis of a prohibited consideration is unlawful discrimination.

Anti- discrimination laws do allow occasions when treatment of a person on the basis of a prohibited consideration is reasonable or justified in the circumstances.

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