If you believe you have experienced unlawful discrimination, sexual harassment or victimisation, you can make a complaint to Equal Opportunity SA.
When you lodge a complaint, Equal Opportunity SA will assesses it to see whether it is covered by the Equal Opportunity Act (1984).
Equal Opportunity SA may contact you, or the person or organisation you are complaint about, for further information.
Once the assessment is complete you will be contacted about the next steps.
Make a complaint
You'll be asked to provide details.
What you'll need
There is no fee to make a discrimination complaint.
Other ways to lodge a complaint
Download and fill out a complaint form and post or email it.
If you do not want to make a formal complaint, Equal Opportunity SA provides many ways for you to make a report directly to the business involved. This gives them the opportunity to remedy the situation before involving Equal Opportunity SA.
If the situation does not improve, you can still make a formal complaint.
Discrimination and harassment can be reported directly to a business by:
- writing to the business using Equal Opportunity SA's discrimination or sexual harassment complaint letter templates.
- using its Disability Access Reporting Tool (DART) to report accessibility related issues.
- using its Anti-Discrimination Register (ADR) to report other types of discrimination.
What you'll need
If you decide to lodge a complaint you need to:
- provide your complaint in writing. This can be in your preferred language. It should be no longer than 5 pages.
- explain what has happened and why you think it is discrimination, sexual harassment or victimisation.
- identify the place or area of public life where it occurred.
- if your complaint relates to discrimination, identify the grounds or personal attributes it relates to.
- include details about the organisation or person you believe has discriminated against you.
- attach copies of any relevant documentation to help us understand your complaint.
- outline the remedies you seek to resolve your complaint.
You will need to send your complaint within 12 months of the last act of discrimination.
You can also lodge a complaint on behalf of someone else, as long as you have their written and signed consent (this may be a power of attorney if they are unable to sign for themselves).
A parent or guardian can also make a complaint on behalf of a child or person with an intellectual disability.
What happens next
Assessment
When you lodge a complaint, Equal Opportunity SA will assess it to see whether it is covered by the Equal Opportunity Act.
During the assessment process, we may seek information from you, or the person or organisation you are complaining about.
If we believe your complaint is covered under the Act, and it appears you have been treated unfairly, we will accept your complaint and attempt to resolve it.
Sometimes we determine that your complaint is not covered under the Act, or that it needs to be declined by the Commissioner for another reason. If we cannot help with your complaint, we will tell you and provide you the reasons why.
Complaints must be lodged within 12 months of the most recent event. Extensions can only be approved in very limited circumstances.
Conciliation
If your complaint is accepted, we will send a copy of it to the person or organisation you have complained about and ask for their point of view. We do not send your personal contact details.
Most of the time we will share their response with you and give you the opportunity to reply.
Unless there are good reasons not to proceed, we will work with the parties to see if an agreed resolution can be reached. We may do this by exchanging correspondence until the parties agree.
In certain cases, we will attempt to resolve your complaint by holding a conciliation conference.
At this meeting, we will try to help you and the other person work out an agreement to resolve the complaint. Sometimes this will require a written agreement to be signed by the parties.
The Commissioner does not have enforcement powers.
The Commissioner is unable to impose sanctions on any individual or business (such as a prosecution, financial penalty or suspension of a licence to operate). The Commissioner will remain independent in any dispute. The parties to a dispute must jointly decide the terms of any potential resolution.
If we are unable to resolve your complaint, you need to consider whether you want the Commissioner to refer the case to a tribunal for a hearing and determination.
Conciliation conferences
Conciliation conferences are chaired by a Commissioner’s delegate and typically involve:
- Placing all parties in a room together with a conciliator;
- Presenting all the facts and perspectives in a coherent way;
- Ensuring each party is heard in an impartial and confidential manner;
- Promoting frank, honest, and open discussion around solutions / outcomes; and
- Working together to reach mutually agreeable outcomes and to draft those outcomes into a signed agreement.
- Learn more about conciliation.
Referral to a tribunal
Your complaint may be referred to a tribunal if:
- The Commissioner attempts to conciliate the matter and the conciliation process is not successful;
- The Commissioner is of the view that the matter cannot be resolved via conciliation or it is not suited to conciliation;
- The Commissioner declines the matter, and a request is made for referral to the tribunal, or
- The Commissioner otherwise deems it appropriate that the matter is to be heard by the tribunal.
In most cases, matters will be referred to the South Australian Civil and Administrative Tribunal. However, they may also be referred to the South Australian Employment Tribunal if the Commissioner deems this tribunal more appropriate.
