My key legislative function is to foster and encourage informed and unprejudiced attitudes with a view to eliminating discrimination on the grounds to which the Equal Opportunity Act (1984) applies.

I do this in a variety of ways including talking with individuals and organisations at meetings, events, and forums about the Act and the work of my office. I am regularly struck by the high level of interest in, and the importance placed on, equality of opportunity in South Australia.

The WE’RE EQUAL initiative represents a significant part of my educative efforts. It is a public-facing program that helps businesses and organisations provide an easily identifiable, ‘safe’ environment where discrimination, bullying or harassment are not tolerated.

Members commit to treating their staff, customers, and suppliers equally regardless of their age, ability, gender diversity, sexuality, relationship and reproductive status, race, religion, and culture. My office supports their commitment by providing online resources, education tools, and links to training.

State-wide membership has increased in the private and not-for-profit sectors, and in the public sector, Chief Executives of all South Australian Government agencies have signed the WE’RE EQUAL Statement of Commitment on behalf of their agencies as part of the Diversity, Equity and Inclusion Strategy 2023-2026.

I am grateful for the efforts of WE’RE EQUAL’s creator and Project Manager, Veronica Maughan, whose innovative, strategic, and expert advice has ensured the continued expansion and success of this important educative initiative. Her efforts are particularly remarkable because she works part-time.

In last year’s annual report, I expressed the hope that over time a measure of the success of WE’RE EQUAL would be less discrimination in the community and a reduction in the number of complaints received by my office.

Complaints have reduced, however measuring success simply by counting the number of complaints has become problematic due to the creation of new and alternative complaint options.

Reforms arising from the national Respect@Work Report have delivered alternatives for victims of sexual harassment who can now seek orders to have behaviours stopped through the Fair Work Commission. They can also pursue complaints through SafeWork SA regarding psychosocial risks. This avenue became available in December 2023 following changes to regulations under the Work Health and Safety Act 2012 (SA).

Those who work in State and Local Government can now make complaints to the Australian Human Rights Commission (AHRC) as a result of its expanded powers following various legislative amendments.

Additionally, new positive duty obligations and a “sex-based” class of discrimination under the Sex Discrimination Act 1984 make the AHRC an attractive option for complainants.

Given the new laws and pathways that now exist for complaints about discrimination and sexual harassment, it is unsurprising that my office has seen a decline in the number of complaints it receives.

South Australia’s Equal Opportunity Act turns 40 in December 2024. It has been reviewed once, 30 years ago.

Since 1984, numerous amendments have been made, often in isolation or in response to particular issues or events agitated by different Commissioners, Attorneys-General, or Governments.

Most states and territories have reviewed or updated their equivalent legislation in recent years, often following comprehensive reviews.

The Act is in need of a review to ensure that it represents a modern, easy to use, and dynamic anti-discrimination framework for the state, however additional resources are required in order to undertake one. I am hopeful that the Attorney-General, Hon Kyam Maher MLC will be supportive of a request to provide them.

Despite a reduction in the number of complaints, the complexity of the matters dealt with in 2023-24 has not reduced our overall workload. A continued focus on careful initial assessment of complaints means that fewer are accepted and conciliated and complainants we are unable to assist are informed early so they can pursue remedies through other avenues.

Discrimination has many forms and exists to varying degrees in most industry sectors. Leaders have a vital role to play in influencing cultural and practical change.

In February 2024, the Attorney-General announced a further review to be undertaken by my office into harassment in the legal profession as recommended in the review completed in 2021 which found that sexual harassment, discrimination, and bullying were prevalent in the profession.

The current review has focussed on the extent and effectiveness of the responses to the recommendations made in 2021 to address discrimination and sexual harassment and improve organisational and workplace culture.

I am grateful to Assistant Commissioner Colin Marsh for his significant work on the review, and to the Chief Executive of the AGD for providing my office with additional resources from hers to assist with the many and varied tasks required to produce a report which I expect to provide to the Attorney-General in October.

In 2023-24 my office worked with the Australian Hotels Association|SA (AHA) on the development of its Bystander Intervention Program, designed to provide hospitality venues with strategies to interrupt and challenge inappropriate behaviour among patrons and colleagues in the industry, and help staff better identify and respond to sexual harassment and other unlawful or unwanted behaviour.

Acknowledging that discriminatory and inappropriate behaviours exist in some parts of the hospitality sector, and then determinedly developing ways to address them is an example of the leadership required in other sectors.

The AHA also joined WE’RE EQUAL, declaring its zero tolerance for discrimination, bullying, and harassment.

Government’s announcement that it would consult with both industry and the broader community on the inclusion of bystander intervention and sexual and other harassment training as part of Responsible Service of Alcohol was a welcome one and represents an opportunity to improve the experiences of staff and patrons in this important sector.

I am optimistic about the future.

At a time when the prospect of unprecedented state economic growth is before us, South Australia being - and being seen to be - an open, inclusive society that embraces and supports difference and diversity will assist in the task of attracting skilled and unskilled workers to our state to live and work.

I look forward to continuing to discharge my key legislative function of fostering and encouraging informed and unprejudiced attitudes with a view to eliminating discrimination in a variety of ways, including expanding WE’RE EQUAL to further promote the benefits of zero tolerance of discrimination and harassment to South Australians.

JODEEN CARNEY
Commissioner