Function 1: The Commissioner must foster and encourage amongst members of the public informed and unprejudiced attitudes with a view to eliminating discrimination in the grounds to which this Act applies

Training and education

2016-17

2017-18

2018-19

2019-20

2020-21

Total – participants

1016

742

302

238

458

Total – sessions

36

44

31

20

39

Note: includes sessions delivered by OCEO staff and TRP providers.

Matters received

2016-17

2017-18

2018-19

2019-20

2020-21

No. of enquiries received

597

570

566

607

659

% difference from previous year

-33%

-5%

-1%

7%

9%

2016-17

2017-18

2018-19

2019-20

2020-21

 

No.

%

No.

%

No.

%

No.

%

No.

%

Telephone

455

74%

426

73%

401

71%

390

64%

427

65%

Email

109

18%

88

15%

85

15%

152

25%

220

33%

In person

15

2%

22

4%

18

3%

51

8%

4

1%

Letter

4

1%

4

1%

3

1%

3

0%

4

1%

Online form

25

4%

40

7%

59

10%

9

1%

2

0%

Hardcopy form

1

0%

0

0%

0

0%

0

0%

2

0%

Facebook

6

1%

0

0%

0

0%

2

0%

0

0%

Total

615

100%

580

100%

566

100%

607

100%

659

100%

2016-17

2017-18

2018-19

2019-20

2020-21

Disability

168

25%

141

22%

163

27%

176

27%

154

21%

Race

68

10%

68

11%

54

9%

61

10%

74

10%

Age

36

5%

34

5%

38

6%

20

3%

43

6%

Sexual Harassment

32

5%

40

6%

35

6%

49

8%

41

6%

Sex

50

7%

50

8%

43

7%

31

5%

39

5%

Victimisation

21

3%

19

3%

14

2%

13

2%

21

3%

Sexual Orientation

3

0%

8

1%

6

1%

5

1%

16

2%

Pregnancy

13

2%

15

2%

15

2%

15

2%

15

2%

Caring Responsibilities

33

5%

19

3%

26

4%

16

2%

14

2%

Gender Identity

6

1%

7

1%

2

0%

2

0%

14

2%

Religious Dress

3

0%

7

1%

0

0%

9

1%

5

1%

Association with a Child

3

0%

1

0%

2

0%

2

0%

4

1%

Intersex Status

0

0%

0

0%

0

0%

3

0%

2

0%

Marital Status

3

0%

2

0%

4

1%

1

0%

2

0%

Identity of Spouse or Partner

4

1%

4

1%

1

0%

1

0%

0

0%

Enquiries with no grounds under Equal Opportunity Act 1984

145

21%

172

27%

180

29%

150

23%

189

26%

General OCEO enquiries

93

14%

45

7%

29

5%

87

14%

87

12%

Total

681

100%

632

100%

612

100%

641

100%

720

100%

2016-17

2017-18

2018-19

2019-20

2020-21

No.

%

No.

%

No.

%

No

%

No

%

Employment

290

58%

283

56%

278

53%

285

55%

249

47%

Goods and Services

108

21%

113

23%

136

26%

116

22%

134

25%

Education /Training

43

9%

45

9%

47

9%

53

10%

57

11%

Clubs and Associations

29

6%

31

6%

28

5%

30

6%

47

9%

Housing/Land/Accommodation

29

6%

25

5%

29

6%

38

7%

35

7%

Advertising

3

1%

3

1%

4

1%

0

0%

4

1%

Qualification

1

0%

0

0%

0

0%

0

0%

0

0%

          

Total

503

100%

501

100%

523

100%

522

100%

526

100%

Note: enquiries that do not relate to an area of the Equal Opportunity Act 1984 are not included in this table.

2016-17

2017-18

2018-19

2019-20

2020-21

Complaints lodged in year

239

213

179

181

230

Complaints closed in year

176

340

195

160

258

% difference of lodged complaints from previous year

28%

-11%

-17%

1%

27%

2016-17

2017-18

2018-19

2019-20

2020-21

No.

%

No.

%

No.

%

No.

%

No.

%

Online form

135

56%

123

55%

112

63%

141

78%

162

70%

Email

51

21%

45

20%

45

25%

27

15%

37

16%

Hardcopy form

33

14%

47

21%

17

9%

9

5%

22

10%

Letter

19

8%

6

3%

3

2%

4

2%

6

3%

Telephone

0

0%

1

0%

1

1%

0

0%

3

1%

In Person

1

0%

2

1%

0

0%

0

0%

0

0%

Fax

0

0%

1

0%

1

1%

0

0%

0

0%

Facebook

0

0%

0

0%

0

0%

0

0%

0

0%

Total

239

100%

225

100%

179

100%

181

100%

230

100%

2016-17

2017-18

2018-19

2019-20

2020-21

No.

%

No.

%

No.

%

No.

%

No.

%

Disability

80

36%

52

33%

31

28%

50

21%

46

25%

Sexual Harassment

30

14%

28

18%

16

14%

46

20%

22

12%

Victimisation

29

13%

12

8%

12

11%

33

14%

22

12%

Sex

18

8%

6

4%

14

13%

26

11%

20

11%

Race

35

16%

10

6%

7

6%

24

10%

17

9%

Age

8

4%

13

8%

4

4%

16

7%

13

7%

Caring Responsibilities

5

2%

8

5%

7

6%

3

1%

7

4%

Pregnancy

2

1%

9

6%

5

5%

3

1%

4

2%

Association with a Child

0

0%

3

2%

1

1%

1

0%

3

2%

Sexual Orientation

2

1%

4

3%

0

0%

6

3%

3

2%

Identity of Spouse

1

0%

3

2%

2

2%

8

3%

2

1%

Gender Identity

1

0%

3

2%

1

1%

11

5%

1

1%

Marital Status

1

0%

0

0%

2

2%

1

0%

0

0%

Whistleblower*

9

4%

8

5%

9

8%

5

2%

0

0%

Religious Appearance or Dress

0

0%

0

0%

0

0%

0

0%

0

0%

Aiding Unlawful Act

0

0%

0

0%

0

0%

0

0%

0

0%

Other

0

0%

0

0%

0

0%

0

0%

27

14%

Total Grounds

221

100%

159

100%

111

100%

233

100%

187

100%

* Refers to complaints of victimisation under the Whistleblowers Protection Act 1993 (SA), the Public Interest Disclosure Act 2018 (SA) or the Independent Commissioner for Corruption Act 2012 (SA). Notes - there may be more than one ground per complaint. Data in the table will vary slightly from year to year due to database corrections and changes during the period a complaint is open. ‘Other’ added from 2020-21.

2016-17

2017-18

2018-19

2019-20

2020-21

No.

%

No.

%

No.

%

No.

%

No.

%

Employment

80

43%

110

77%

79

71%

163

70%

66

58%

Goods and Services

59

32%

14

10%

11

10%

29

12%

27

24%

Education/Training

14

8%

7

5%

15

13%

36

15%

10

9%

Clubs and Associations

19

10%

4

3%

3

3%

3

1%

4

4%

Advertising

1

1%

0

0%

0

0%

0

0%

3

3%

Housing/Land/Accommodation

10

5%

8

6%

4

4%

2

1%

2

2%

Qualification

0

0%

0

0%

0

0%

0

0%

1

1%

Total Areas

184

100%

143

100%

112

100%

233

100%

113

100%

Area

Ground

Advertising

Clubs and Associations

Education and training

Employment

Goods and services

Housing, land and accommodation

Total

Disability

0

2

6

21

16

1

46

Sexual Harassment

0

0

2

20

0

0

22

Victimisation

0

2

3

14

3

0

22

Sex

0

0

1

15

3

1

20

Race

3

1

1

9

4

0

18

Age

0

0

0

10

3

0

13

Caring Responsibilities

0

0

2

4

1

0

7

Pregnancy

0

0

0

4

0

0

4

Association with a Child

0

0

0

0

2

1

3

Sexual Orientation

0

0

0

1

2

0

3

Intersex Status

0

0

0

0

2

0

2

Gender Identity

0

0

0

0

1

0

1

Aiding Unlawful Act

0

0

0

0

0

0

0

Identity of Spouse or Partner

0

0

0

0

0

0

0

Marital Status

0

0

0

0

0

0

0

Whistleblower *

0

0

0

0

0

0

0

Other

0

1

5

13

8

0

27

Totals of Areas

3

6

20

111

45

3

188

* Refers to complaints of victimisation under the Whistleblowers Protection Act 1993 (SA), the Public Interest Disclosure Act 2018 (SA) or the Independent Commissioner for Corruption Act 2012 (SA).

Employment

2016-17

2017-18

2018-19

2019-20

2020-21

Disability

26

29

16

26

21

Sexual Harassment

26

29

14

41

20

Sex

7

4

11

18

15

Victimisation

24

9

9

26

14

Age

5

11

3

12

10

Race

13

6

3

14

9

Caring Responsibilities

4

5

5

2

4

Pregnancy

2

5

5

3

4

Sexual Orientation

2

4

0

5

1

Aiding Unlawful Act

0

0

0

0

0

Association with a Child

0

0

1

1

0

Gender Identity

0

0

1

4

0

Identity of Spouse or Partner

1

3

1

5

0

Marital Status

1

0

2

1

0

Whistleblower *

5

5

8

5

0

Religious appearance or dress

0

0

0

0

0

Intersex Status

0

0

0

0

0

Other

0

0

0

0

13

Total

116

110

79

163

111

* Refers to complaints of victimisation under the Whistleblowers Protection Act 1993 (SA), the Public Interest Disclosure Act 2018 (SA) or the Independent Commissioner for Corruption Act 2012 (SA).

Goods and services

2016-17

2017-18

2018-19

2019-20

2020-21

Disability

37

7

2

9

16

Race

17

2

3

6

4

Sex

7

2

2

7

3

Age

3

1

0

1

3

Victimisation

3

0

1

0

3

Sexual Orientation

0

0

0

1

2

Association with a Child

0

1

0

0

2

Intersex Status

0

0

0

0

2

Gender Identity

1

1

1

2

1

Caring Responsibilities

1

0

1

0

1

Sexual Harassment

7

0

0

2

0

Identity of Spouse or Partner

0

0

0

1

0

Whistleblower *

1

0

1

0

0

Marital Status

0

0

0

0

0

Pregnancy

0

0

0

0

0

Religious appearance or dress

0

0

0

0

0

Aiding Unlawful Act

0

0

0

0

0

Other

0

0

0

0

8

     

Total

77

14

11

29

45

* Refers to complaints of victimisation under the Whistleblowers Protection Act 1993 (SA), the Public Interest Disclosure Act 2018 (SA) or the Independent Commissioner for Corruption Act 2012 (SA).

Education, training and qualifications

2016-17

2017-18

2018-19

2019-20

2020-21

Disability

13

5

9

11

6

Victimisation

2

0

2

6

3

Sexual Harassment

1

0

0

3

2

Caring Responsibilities

0

0

1

1

2

Race

1

2

1

4

1

Sex

0

0

1

1

1

Gender Identity

0

0

0

5

0

Age

0

0

0

3

0

Identity of Spouse or Partner

0

0

1

2

0

Whistleblower *

1

0

0

0

0

Marital Status

0

0

0

0

0

Aiding Unlawful Act

0

0

0

0

0

Association with a Child

0

0

0

0

0

Intersex Status

0

0

0

0

0

Pregnancy

0

0

0

0

0

Religious appearance or dress

0

0

0

0

0

Sexual Orientation

0

0

0

0

0

Other

0

0

0

0

5

     

Total

18

7

15

36

20

* Refers to complaints of victimisation under the Whistleblowers Protection Act 1993 (SA), the Public Interest Disclosure Act 2018 (SA) or the Independent Commissioner for Corruption Act 2012 (SA).

Clubs and associations

2016-17

2017-18

2018-19

2019-20

2020-21

Disability

4

1

2

2

2

Victimisation

6

0

0

1

2

Race

1

0

0

0

1

Sexual Harassment

2

0

1

0

0

Age

2

1

0

0

0

Caring Responsibilities

0

1

0

0

0

Gender Identity

0

1

0

0

0

Sex

5

0

0

0

0

Whistleblower *

0

0

0

0

0

Aiding Unlawful Act

0

0

0

0

0

Association with a Child

0

0

0

0

0

Identity of Spouse or Partner

0

0

0

0

0

Intersex Status

0

0

0

0

0

Marital Status

0

0

0

0

0

Pregnancy

0

0

0

0

0

Religious appearance or dress

0

0

0

0

0

Sexual Orientation

0

0

0

0

0

Other

0

0

0

0

1

Total

20

4

3

3

6

* Refers to complaints of victimisation under the Whistleblowers Protection Act 1993 (SA), the Public Interest Disclosure Act 2018 (SA) or the Independent Commissioner for Corruption Act 2012 (SA).

Housing/Land/Accommodation

2016-17

2017-18

2018-19

2019-20

2020-21

Disability

3

4

2

2

1

Association with a Child

0

0

0

0

1

Sex

0

0

0

0

1

Age

0

0

1

0

0

Sexual Harassment

0

0

1

0

0

Victimisation

1

1

0

0

0

Caring Responsibilities

0

1

0

0

0

Gender Identity

0

1

0

0

0

Pregnancy

0

1

0

0

0

Race

7

0

0

0

0

Whistleblower *

2

0

0

0

0

Aiding Unlawful Act

0

0

0

0

0

Identity of Spouse or Partner

0

0

0

0

0

Intersex Status

0

0

0

0

0

Marital Status

0

0

0

0

0

Religious appearance or dress

0

0

0

0

0

Sexual Orientation

0

0

0

0

0

Other

0

0

0

0

0

Total

13

8

4

2

3

* Refers to complaints of victimisation under the Whistleblowers Protection Act 1993 (SA), the Public Interest Disclosure Act 2018 (SA) or the Independent Commissioner for Corruption Act 2012 (SA).

Note due to low or zero numbers annually, a separate table of data is not supplied for advertising complaints.

Matter outcomes

Enquiries – Outcomes

2016-17

2017-18

2018-19

2019-20

2020-21

No.

%

No.

%

No.

%

No.

%

No.

%

General information provided

260

45%

233

41%

195

35%

165

27%

347

47%

Referred to EOC Website

49

8%

43

8%

40

7%

226

37%

120

16%

Referred elsewhere (out of EOC jurisdiction)

75

13%

101

18%

164

29%

98

16%

96

13%

No action required

31

5%

32

6%

16

3%

49

8%

84

11%

Complaint form and information package sent

38

7%

25

4%

16

3%

14

2%

53

7%

Referred to EOC electronic complaint form

62

11%

82

15%

97

17%

39

6%

25

3%

Referred to advocate (to assist with EO/other Issue)

48

8%

34

6%

21

4%

6

1%

3

0%

Appointment made for interview with EOC enquiry officer

1

0%

0

0%

0

0%

0

0%

2

0%

Referred to Australian Human Rights Commission

14

2%

13

2%

13

2%

6

1%

1

0%

Media response provided/Presentation requested/Other

5

1%

0

0%

0

0%

0

0%

0

0%

          

Total

583

100%

563

100%

562

100%

603

100%

731

100%

Note: As of 2019-20, Report/Publications/Media response provided/Presentation requested/Other reported together.

2016-17

2017-18

2018-19

2019-20

2020-21

Finalised complaints

171

327

206

176

235

Average no. weeks to finalise all complaints

26.4

33.3

19.6

11

10.5

Median no. weeks to finalise all complaints

21.7

23.9

11

9.7

8.6

 

2016-17

2017-18

2018-19

2019-20

2020-21

Complaints resolved by conciliation

71

66

54

57

48

Declined by the Commissioner following further investigation or withdrawn by complainant

15

30

26

31

47

Referred to tribunal

13

66

20

26

31

     

Total accepted complaints finalised in the year

99

162

100

114

126

Notes: During 2020-21 there were 69 conciliations attempted; 46 (or 67%) were successful. 18 matters were referred to a tribunal after attempting conciliation. 4 matters were declined after attempting conciliation. 3 matters were withdrawn following conciliation.

2016-17

2017-18

2018-19

2019-20

2020-21

Apology

31

20

22

31

21

Financial compensation

36

29

17

25

20

Policy change/change in practice

9

7

6

14

11

Staff training/development program

9

14

4

18

7

Private agreement

2

8

16

13

7

Reasonable adjustment

2

2

4

5

5

Reference provided

3

2

5

2

5

Employment options improved (e.g. job offer)

1

7

5

4

4

Provision of goods/services/facilities

3

4

1

2

1

Other access achieved (e.g. mobility)

3

2

5

6

0

Undertaking to cease an action

3

3

1

3

0

Access to education/training

3

1

6

2

0

Access to/provision of accommodation

1

1

1

2

0

Access to club membership/benefits

4

1

0

0

0

Other

20

10

5

11

13

Note: there may be more than one outcome per conciliation agreement.

 

2016-17

2017-18

2018-19

2019-20

2020-21

Total financial compensation payments

$217,643

$139,317

$122,726

$173,114

$150,842

Average financial compensation payments

$10,364

$5,805

$7,219

$6,925

$9,428

Note: Individual agreements for financial compensation ranged from $48 to $40,000 in 2020-21.

Question

‘Agree' or

'Strongly agree'

The complaint process was well explained to me.

86%

I was kept well informed by Commission staff throughout the complaint process.

90%

I understood the information provided by Commission staff.

86%

The forms, brochures and documents provided were easy to understand and use.

83%

Staff were professional, helpful and courteous in their manner.

90%

I was treated fairly and impartially.

83%

The other party was treated fairly and impartially.

90%

I am satisfied with the time it took to finalise the complaint.

62%

I am satisfied with the complaint outcome reached.

66%

I am satisfied with the complaint handling process overall.

79%

Demographic data

2020-21

Enquiries

Complaints

Undisclosed

349

14

Female

167

104

Male

143

112

Transgender

0

0

Intersex

0

0

  

Total

659

230

2016-17

2017-18

2018-19

2019-20

2020-21

0 - 9 years

0%

2%

2%

2%

3%

10 - 19 years

5%

7%

7%

6%

6%

20 - 29 years

12%

15%

6%

24%

16%

30 - 39 years

19%

9%

25%

27%

21%

40 - 49 years

15%

23%

13%

13%

15%

50 - 59 years

11%

13%

14%

13%

14%

60 - 69 years

14%

9%

5%

6%

9%

70 - 79 years

2%

3%

1%

2%

1%

80 + years

1%

0%

0%

0%

2%

Unknown age

20%

20%

23%

7%

14%

     

Total

100%

100%

100%

100%

100%

Exemptions under the Equal Opportunity Act 1984

Section 92 of the Equal Opportunity Act 1984 provides for applicants to apply to the SA Civil and Administrative Tribunal (SACAT) for an exemption from the Act for a specific purpose. SACAT provides the Commissioner with a copy of all applications received, to enable her to review the application and make any submissions she considers necessary before an application is considered by SACAT.

In 2020-21 the OCEO received seven exemption applications.

Applicant

Summary

Order

BAE Systems Australia Limited

Application for exemption allowing the applicant to fulfil commercial contracts in the defence industry in South Australia

Exemption order granted

BAE Systems Australia Defence Pty Ltd

Application for exemption allowing the applicant to fulfil commercial contracts in the defence industry in South Australia

Exemption order granted

ASC Shipbuilding Pty Ltd Limited

Application for exemption allowing the applicant to fulfil commercial contracts in the defence industry in South Australia

Exemption order granted

Raytheon Australia Pty Ltd

Application for exemption allowing the applicant to fulfil commercial contracts in the defence industry in South Australia

Exemption order granted

Leidos Australia Pty Ltd

Application for exemption allowing the applicant to fulfil commercial contracts in the defence industry in South Australia

Exemption order granted

Naval Group Australia Pty Ltd

Application for exemption allowing the applicant to fulfil commercial contracts in the defence industry in South Australia

Exemption order granted

Fernwood Women’s Health Clubs (Australia) Pty Ltd

Application for exemption allowing the applicant to exclusively employ and offer goods and services to women.

Order not yet made