The Hon Vickie Chapman MP
This annual report is presented to Parliament to meet the statutory reporting requirements of the Public Sector Act 2009 (SA) and the Equal Opportunity Act 1984 (SA) and meets the requirements of Premier and Cabinet Circular PC013 Annual Reporting.
This report is verified to be accurate for the purposes of annual reporting to the Parliament of South Australia.
Dr Niki Vincent
Commissioner for Equal Opportunity
7 September 2020
The role of the Commissioner for Equal Opportunity
The Commissioner for Equal Opportunity is a statutory officer appointed by the Governor, on the recommendation of Cabinet, to administer the Equal Opportunity Act 1984 (SA) (‘the Act’). The statutory appointment is to enable the Commissioner to act independently when dealing with complaints of discrimination, sexual harassment, victimisation and whistle-blowing.
The Commissioner is appointed for a term of five years and is, at the expiration of a term of appointment, eligible for reappointment. The Commissioner is not a Public Service employee. The terms and conditions of the Commissioner's appointment are fixed by the Governor on the recommendation of the Commissioner for Public Employment.
The Act states that the Commissioner will have such staff as is necessary for the administration of this Act. The Commissioner's staff are Public Service employees.
Functions of the Commissioner
The functions of the Commissioner for Equal Opportunity are as follows:
- The Commissioner must foster and encourage amongst members of the public informed and unprejudiced attitudes with a view to eliminating discrimination on the grounds to which this Act applies.
- The Commissioner may institute, promote or assist in research, the collection of data and the dissemination of information relating to discrimination on the grounds to which this Act applies.
- The Commissioner may make recommendations to the Minister as to reforms, whether of a legislative nature or otherwise, that the Commissioner believes will further the objects of this Act.
Administration of Act and Ministerial direction
The Commissioner is responsible to the Attorney General for the general administration of this Act and, in carrying out that function, is subject to the general control and direction of the Minister.
However, the Minister—
(a) Must not give a direction in relation to the manner in which action should be taken on a particular complaint; and
(b) Must not seek information tending to identify a party to proceedings under this Act.
Legislation administered by the Commissioner for equal opportunity
- Equal Opportunity Act 1984 (SA)