The EOC’s enquiry service is free, impartial and confidential and enquiries can be made by telephone, in person, or in writing by email or via the EOC’s website. Enquiries can also be made anonymously.
Enquiries 2015-16 by Outcome
Resolving Complaints of Discrimination
One of the core functions of the EOC is to help people resolve complaints about unlawful discrimination, sexual harassment and victimisation under the Equal Opportunity Act 1984 (SA). This work is central to the EOC’s role in protecting and promoting equality of opportunity and preventing discrimination and complements our education and consultancy services.
The number and type of complaints we receive often highlight issues of systemic discrimination and help to identify priorities for project, policy and educational work at the EOC.
Lodgement of Complaints
Complaints must be made to the EOC in writing and can be lodged by post, email, fax, in person, or via the EOC’s website.
The following chart illustrates the percentage of complaints by method of lodgement.
Lodgement of complaints by email or through the website continues to increase with 81% submitted online this year. This electronic communication has assisted in achieving timely contact with complainants and respondents.
Complaint Assessment
When a complaint is brought to the EOC as a possible breach of the Act, it is assessed against the legislation by the Commissioner for Equal Opportunity who determines whether it can be ‘accepted’ and dealt with under the Act, or ‘rejected’ because it falls outside the scope of the Act. If a person alleges that they have been discriminated against on one or more grounds set out in the Act, and in one of the areas under the Act, then those allegations may be accepted by the Commissioner as a complaint. Some grounds do not apply to some areas and both have to be present in order for a complaint to be accepted under the Act.
Where a potential complainant has not clearly identified a ground and/or area of complaint, they are supplied with information about what constitutes unlawful discrimination under the Act and asked to further clarify their complaint.
Should the Commissioner decide to decline the complaint under section 95A of the Act as lacking in substance, or because it is misconceived, vexatious or frivolous, then the complainant has the right to have the matter referred to the Equal Opportunity Tribunal for determination.