If your matter is not successful at conciliation, or the Commissioner uses her powers under the Act and decides not to continue with the complaint, you have a right for your matter to be referred to a Tribunal.

Both the South Australian Civil and Administrative Tribunal (external site) (external site) (external site) (SACAT) and South Australian Employment Tribunal (external site) (external site) (SAET) have jurisdiction under the Equal Opportunity Act 1984 (external site) (external site) (external site) to hear and determine equal opportunity complaints.

Read more about the role of each Tribunal in relation to Equal Opportunity complaints.

Types of matters referred to SACAT

There are three types of equal opportunity matters that can go to SACAT:

  • Equal Opportunity Complaints (section 95B), other than those related to employment.
  • Exemptions to the Equal Opportunity Act (section 92)
  • Review of refusal to extend time (section 96B)

All equal opportunity complaints must be made to Equal Opportunity SA first.

Complaints will then be referred to SACAT if 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 SACAT - 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 SACAT.

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

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

See Exceptions to the rules for more about this process.

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 SACAT.

This must happen within one month of the Commissioner’s decision.

See Time limits and late complaints for more details.

Visit the SACAT website (external site) (external site) (external site) for more details about how to apply for a review.

Types of matters referred to SAET

Equal Opportunity Complaints (section 95B) about experiences at work or when applying for work, including those related to:

  • discrimination
  • victimisation
  • sexual harassment
  • assistance animals

where those contraventions are against someone in the workplace or someone who is seeking to become a fellow worker.

All equal opportunity complaints must be made to Equal Opportunity SA first.

Complaints will then be referred to SAET if they relate to an employment issue and 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.