This year we changed our name from the Office of the Commissioner for Equal Opportunity (OCEO) to Equal Opportunity SA, which better reflects the public-facing nature and purpose of the office and is consumer-friendly.

Informed by the numbers and types of complaints received, last year we developed the WE’RE EQUAL pilot campaign to help businesses provide an easily identifiable, ‘safe’ environment which is free from discrimination, bullying or harassment.

The pilot supported participants to introduce the WE’RE EQUAL concept to their audiences and we worked closely with those businesses to build customer awareness of both their business and the WE’RE EQUAL brand. Participating businesses were promoted through public relations and social media campaigns, and customer-led social media channels.

A qualitative and quantitative evaluation was completed and demonstrated that the pilot exceeded all project objectives. Given its success, I determined that WE’RE EQUAL should be rolled out more broadly, which has occurred since February this year.

The initiative identifies businesses and organisations committed to treating everyone equally, regardless of their age, ability, gender diversity, sexuality, relationship and reproductive status, race, religion, and culture, and who are committed to a vision of South Australia as an open, inclusive society that embraces and supports difference and diversity.

This means that they ensure that their customers/clients, staff, suppliers, and contractors are treated equally, respectfully and with dignity. We support their commitment by providing them with online resources, education tools, and links to training.

Membership continues to expand, and includes organisations in the financial sector, high profile venues, peak sporting bodies, entertainment, health and wellbeing, legal firms, luxury goods suppliers, pubs and clubs, and government departments.

WE’RE EQUAL enables me to discharge my key legislative function, namely, to foster and encourage informed and unprejudiced attitudes with a view to eliminating areas of discrimination in the Equal Opportunity Act 1984 (SA). As it continues to expand, I am hopeful that over time, a measure of its success will be less discrimination in the community and a reduction in the number of complaints received by my office.

WE’RE EQUAL captures all areas of discrimination in the Act; was developed economically; and is financially sustainable. The strategic design, determination, and creativity of Project Officer, Veronica Maughan, is largely responsible for this remarkable feat.

While the number of complaints and enquiries received have reduced in the last 12 months, representing a return to pre-pandemic levels, disability continues to be the most common ground of accepted complaints.

It remains a significant challenge to reduce discrimination in this area, however, I have been pleased to see a number of Government initiatives that are likely to assist such as the establishment of a Disability Ministerial Advisory Council and the development of the first State Autism Charter and Strategy.

In last year’s annual report, I expressed concern about the progress of the implementation of recommendations made in the report of the Review of Harassment in the Parliamentary Workplace undertaken by this office and initiated by the Parliament.

The review confirmed that sexual and other harassment was prevalent; found that complaint-handling procedures were almost non-existent; and that complaints management was inconsistent with modern workplace practices. A number of recommendations to address these and other issues were made in the report, published in February 2021.

The most recent update purporting to detail the implementation of the recommendations for which the Parliament is responsible was tabled in May 2023 but provided little, and in most cases no information about which recommendations have been completed and which are on track. Indeed, the recommendations were barely referenced.

This is both astonishing and disappointing. South Australians are entitled to know the status of all recommendations made to address sexual harassment and discrimination in their Parliament and associated workplaces.

One of the recommendations was that the Parliament initiate a “review on the implementation of recommendations…and their effect on culture and practice in relation to sexual harassment and discriminatory harassment” within three years - six months from now. It is impossible to predict what such a review will find given the limited details that have been publicly provided thus far.

In contrast, progress of the recommendations made in the report into the Review of Harassment in the South Australian Legal Profession, completed in April 2021, is encouraging, and I thank the Attorney-General for advising that he will commission a further review to assess the effectiveness of recommendations made.

Hospitality continues to be an area of concern with respect to sexual harassment and discrimination as highlighted in the United Workers’ Union’s Hospo’s Harassment Problem report published in April this year.

To bring about change, a multi-pronged approach is required. The WE’RE EQUAL pilot campaign focussed on hospitality venues. Since then, more hospitality venues have joined, declaring their zero tolerance for discrimination and many have used the educative resources on offer.

Government continues to consider the report’s recommendations including changes to the Responsible Service of Alcohol certification so that certification would only occur upon the completion of training on sexual and other harassment.

There is also significant work underway between governments nationally to introduce new work health and safety regulations and codes of practice dealing with the management of psychosocial risks (including from sexual harassment in the workplace). This includes information for small businesses on preventing workplace sexual harassment.

Collaboration with the Australian Hotels Association (SA) has resulted in it working with a third-party provider to deliver bystander intervention training tailored to the hotel and hospitality industry. Training will target owners, operators and existing staff. Development of content is underway with delivery anticipated to commence in the final quarter of 2023.

These are all encouraging initiatives and developments aimed at reducing sexual harassment and discrimination in the hospitality sector.

Finally, our office is small but effective, and improvements continue to be made to the way we handle enquiries and complaints. I am thankful for the efforts of staff, particularly Assistant Commissioner, Colin Marsh, for his commitment to excellence and seemingly endless talents, as well as those in the Attorney-General’s Department who provide significant support in a number of administrative areas.

JODEEN CARNEY
Commissioner