The South Australian Civil and Administrative Tribunal (SACAT) has jurisdiction under the Equal Opportunity Act 1984, to hear and determine equal opportunity complaints.
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 still have a right for your matter to be referred to SACAT.
Types of matters referred to SACAT
There are three types of equal opportunity matters that can go to SACAT:
- Equal Opportunity Complaints (section 95B)
- Exemptions to the Equal Opportunity Act (section 92)
- Review of refusal to extend time (section 96B)
All equal opportunity complaints must be made to the Equal Opportunity Commission 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 for more details about how to apply for a review.