Lodging a complaint

  • The simplest way to lodge a complaint is via our online form.
  • By using our online complaint form, a copy of your complaint will be sent to you by email along with confirmation of receipt.
  • We review complaints in the order they are received, and we will contact you about your complaint as we assess it.

Not ready to make a formal complaint? Consider sending a letter using one of our templates or contacting the business direct using our online reporting tools.

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 1984.

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.

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.

Referrals to other agencies

South Australian public sector employees have a responsibility to report certain conduct in public administration. This includes corruption, misconduct and maladministration.

If we think a complaint includes corruption, we must report it to the Office for Public Integrity (OPI). This is because we have obligations under the Independent Commissioner Against Corruption Act 2012.

The ICAC Act prevents us from disclosing any information about this to any person (including a complainant) without the permission of the ICAC. Where appropriate, we will ask the ICAC’s permission to release this information to the complainant or other relevant parties.

We may also report misconduct and maladministration to either the OPI or the Ombudsman.

Further information

Making a complaint factsheet (PDF, 107.7 KB)

Easy Read guide to making a complaint
(PDF, 685.7 KB)