Equal Opportunity Commission Annual Report 2015/16

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Time Taken to Resolve Complaints

Of the 115 accepted complaints resolved in 2015-16, 16% were finalised within 4 months and 41% were finalised within 6 months. The average time taken for a complaint to be finalised was 7.6 months. By comparison, in 2014-15 the average accepted complaint resolution time was 5.1 months.
Staffing and financial constraints have had a direct impact on the EOC’s ability to maintain accepted complaint resolution times, particularly as the number of accepted complaints has increased by 40% from 91 in 2014-15 to 129 in 2015-16.
The EOC has set a priority action in its 2016-17 Business Plan to improve the timeliness and efficiency of complaint resolution processes, by reducing average accepted complaint resolution times to 5 months.

Feedback on Complaint Handling

The EOC seeks feedback from both complainants and respondents about their experience of our complaint handling process through a customer satisfaction survey. This examines performance indicators including the impartiality of the process, quality of information provided by the conciliator and overall satisfaction with the complaints process.

Of those who completed service evaluations, 75% of complainants and 100% of respondents were satisfied with the overall complaint handling process. All complainants and respondents felt that the complaints process was fair and impartial and that they were kept well informed.

Equal Opportunity Tribunal

The Equal Opportunity Tribunal has three core functions under the Equal Opportunity Act 1984 (SA). The Tribunal is able to hear complaints referred by the Equal Opportunity Commissioner under section 95B of the Act and make determinations regarding applications for exemptions under section 92 of the Act.
Where the Commissioner has refused an application for an extension of time within which to lodge a complaint, the applicant may apply to the Tribunal for a review of the decision. In this circumstance, the Tribunal may confirm the decision of the Commissioner or substitute its own decision.
Not all matters that are referred to the Tribunal will come through the EOC. Applications for exemptions to the Act made under section 92 may be made to the Tribunal by the Commissioner or the applicant.

Exemptions Granted by the Equal Opportunity Tribunal 2015-16

The Tribunal can order an exemption of up to three years, and an organisation can lawfully discriminate according to the conditions of the exemption.
In 2015-16 the Equal Opportunity Tribunal granted an extension to an existing exemption:

Pembroke School Incorporated DCCIV-15-1062 (2 September 2015)

Pembroke School applied for an extension of exemption from section 37 of the Act to permit it to favour girls or boys in respect of applications for enrolment at all year levels from Early Learning to Year 7 for the purpose of obtaining gender balance. The exemption was granted for a further 3 years from 13 April 2015.

Complaints referred to the Equal Opportunity Tribunal 2015-16

Where a complaint has not been resolved through the EOC’s conciliation process, the Commissioner can either decline the complaint, or refer it to the Tribunal for hearing and determination.

Where the Commissioner refers a complaint to the Tribunal, the complainant or respondent may request legal assistance in proceedings. The Commissioner will then make a determination as to whether or not she will fund legal assistance for parties, taking into account a number of factors including the capacity of the complainant or respondent to represent themselves or provide their own representation, and the nature and circumstances of the complaint.

In 2015-16 the following three cases were referred to the Tribunal with full or partial assistance:





Jackson v Department for Planning, Transport & Infrastructure



Awaiting Tribunal hearing

De Silva v Titan Fan Products Australia Pty Ltd, Jeffries, Washington, Mafrici, Valdeze, and Ramsay


Race, victimisation

Awaiting Tribunal hearing

Should the Commissioner decline a complaint, the complainant has the right under the Act to take their complaint to the Tribunal for hearing and determination.

In these cases, parties do not receive financial assistance from the Commissioner and can either represent themselves at the Tribunal or engage a lawyer.
In 2015-16, ten complaints were referred to the Tribunal and registered without legal assistance funded by the Commissioner. Note that a number of complaints made by one complainant may be registered as one Tribunal matter if they are related. The ‘unfunded’ complaints referred to the Tribunal were as follows:





McClure v Adelaide United Members Club Inc.



Discontinued by complainant 18 September 2015

Ragless v Stokes



Proceedings dismissed - 20 April 2016

Char v Department for Education and Child Development, Mason, Burville, and McLaren


Race discrimination, victimisation

Discontinued by complainant 1 July 2016

MacDonald v BGC Contracting



Discontinued by complainant 1 February 2016

Teo v Peter Stevens Motorcycles Pty Ltd


Sex, age, disability, sexuality

Discontinued by complainant 3 August 2016

Hinder v Clayton


Marital or domestic partnership status, association with a child

Awaiting Tribunal hearing

Mushi v Cara Incorporated


Sex, Race

Discontinued by complainant 2 May 2016

Smith v Department for Education and Child Development, Ruciack, and Howieson


Disability, sexual harassment, victimisation

Awaiting Tribunal hearing

Hunt v Department for Planning, Transport & Infrastructure, Anzellotti


Disability, sex, victimisation, victimisation for being a whistle blower

Awaiting Tribunal hearing

Taylor v Central Adelaide Local Health Network



Awaiting Tribunal hearing

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