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Discrimination and equal opportunity law

Numerous State and federal laws make it unlawful to discriminate against, or to harass or victimise someone in specified circumstances and for specified reasons.

If you believe that you have been discriminated against or harassed for unlawful reasons you may be able to make a complaint to either the South Australian Equal Opportunity Commission or the Commonwealth Human Rights and Equal Opportunity Commission. It is best to get legal advice before making a complaint. There are significant differences between the State and Commonwealth legislation and the powers and procedures of the Commonwealth and State Commissions differ. Your options and outcomes may be quite different depending on where you make your complaint. Once you have made a complaint to one Commission, it is usually not possible to change your mind and go to the other.

In either case, the Commission will initially attempt to resolve the complaint by agreement. If agreement cannot be reached, the matter can be referred for trial in the Equal Opportunity Tribunal (in the case of an alleged breach of the State law) or the Federal Court or Federal Magistrates' Court (in the case of an alleged breach of the Federal law).

There are strict time limits on making complaints, particularly in the State Commission.

We can advise about whether a complaint is likely to succeed and whether a complaint should be made to the State or the federal Commission. We will represent you at all stages of the complaints process including, if necessary, at trial.