Equal opportunity

SAET hears and determines unresolved discrimination, sexual harassment and victimisation complaints referred from the Commisioner for Equal Opportunity. This includes discrimination complaints that are made both within and outside of the employment context.

There are three types of Equal Opportunity matters that can go to SAET, as stipulated in the Equal Opportunity Act 1984 (SA) (the Act):

  • Equal Opportunity Complaints (section 95B)
  • Exemptions to the Equal Opportunity Act (section 92)
  • Review of refusal to extend time (section 96B)

Equal opportunity complaints

All equal opportunity complaints must be made in the first instance to the Equal Opportunity Commission. Complaints will be referred to SAET when the Commissioner for Equal Opportunity:

  • is of the opinion the matter cannot be resolved by conciliation
  • has not been able to resolve the matter through conciliation
  • is of the opinion that the matter should be transferred to SAET whether a conciliation has been attempted or not
  • has declined to recognise a complaint and the person making the complaint asks for it to be referred to SAET.

Exemptions to the Equal Opportunity Act

The Commissioner for Equal Opportunity, or any other person, can apply to SAET seeking an exemption to the Act.

Refer to the Current notices page for any current applications for exemption from the Equal Opportunity Act.

Review of refusal to extend time

If the Commissioner for Equal Opportunity refuses an application for an extension of time for a complaint to be lodged, the person making the complaint can then apply to SAET within one month of the Commissioner’s decision to have that decision reviewed.

What do I need to do?

Complaints

If you think you have been unlawfully discriminated against, your should contact the Equal Opportunity Commission (EOC).

An EOC staff member will help you understand whether you may have a case under the Equal Opportunity Act 1984 (SA), and how to lodge your complaint.

You have 12 months from the time the discriminatory act occurred to lodge your complaint.

For more information about lodging a complaint, go to http://www.eoc.sa.gov.au/contact-us

Exemptions to the Equal Opportunity Act

If you would like to seek an exemption to the Equal Opportunity Act, you can make an application to SAET.

Review of refusal to extend time

If your application for an extension of time to lodge a complaint has been refused by the Commissioner for Equal Opportunity and you would like this decision to be reviewed, you can apply to SAET.

What forms are relevant?

The EOC website provides forms for making a complaint.

Applications to SAET can be made using the following forms. These can be downloaded from the forms page.

  • A70 – Application for exemption or revocation (Equal Opportunity Act)
  • A71 – Application to review refusal to extend time (Equal Opportunity)

Is there a cost?

No

Where can I find more information?

For more information about discrimination, sexual harassment and victimisation, go to www.eoc.gov.au or contact the EOC.