In last year’s annual report foreword, I referred to my key legislative function to ‘foster and encourage informed and unprejudiced attitudes with a view to eliminating discrimination’ on the grounds to which the Equal Opportunity Act 1984 (SA) applies.

This function remains unchanged, however, the importance of equal opportunity legislation and the adherence to diversity, equity, and inclusion (DEI) policies in workplaces and elsewhere has come into greater focus in the last 12 months. Indeed, in some parts of this country and others, they are under threat.

It is apposite to reflect on why DEI initiatives are necessary in civil society. Social and legislative changes in the 1960s and 1970s formed the basis of policy reforms that aimed to address longstanding structural bias against diversity, particularly in relation to racism and sexism, by promoting universal opportunities in the workplace for women, ethnic minorities, LGBTQIA+ and other under-represented groups.

Although work continues to redress the imbalances of the past so that every person, regardless of their age, ability, gender diversity, sexuality, relationship and reproductive status, race, religion, and culture is treated equally, over time, many any hard-fought-for rights gained widespread acceptance and have been largely uncontested for decades.

Attempts to erode DEI programs and policies, or public expressions of diminishing tolerance for them, are deeply concerning for all who believe in the very Australian value of ‘a fair go’. Championing difference and diversity benefits and enriches us all.

In its 41st year, this state’s Equal Opportunity Act continues to be important and representative of collective values and aspirations. South Australians have been well-served by the Act, however, it is in need of review, particularly at a time when the importance of equal opportunity for all is being brought into sharper focus.

An Act that represents a modern anti-discrimination framework and which reflects a progressive and caring community is both desirable and attainable.

Nevertheless, within its current operating environment, Equal Opportunity SA discharges its educative and complaint handling functions extremely well.

The WE’RE EQUAL initiative was developed in 2022 to help businesses provide an easily identifiable ‘safe’ environment for their customers, workers and contractors that is free from discrimination, bullying, and harassment.

Its goal is to build consumer-led demand for the provision of goods and services that adhere to legislated standards of respectful behaviour and equality values, and to assist businesses to be employers of choice for diverse workforces. The program helps organisations to create and sustain anti-discrimination environments for workers and consumers by providing resources and support to stimulate behavioural awareness and cultural change.

The WE’RE EQUAL network currently has 226 registered member venues across regional and metropolitan South Australia in seven sectors (government, health and wellbeing, services, hospitality and tourism, retail, sport, and unions).

The 142 private sector members comprise small, medium, and large enterprises, many of which are peak bodies (for example, sporting associations and hotel groups) that represent multiple customer contact points through their venues.

The 56 public sector members similarly include small, medium and large agencies, representing over 114,000 South Australian public sector employees, and a growing number of local government council areas.

Pleasingly, in April, the WE’RE EQUAL team won the Team category of the Premier’s Excellence Awards for Leadership in Diversity, Equity, and Inclusion.

The ongoing success of WE’RE EQUAL is attributable to the creative and strategic vision and dogged determination of Project Manager, Veroncia Maughan, who set its course in 2022 and whose hand has firmly been on the tiller since. The importance of her contribution to the work of my office cannot be overstated. The office now has a presence well beyond the walls of its location at 10 Franklin Street in Adelaide and extends to many sectors and regional areas around the state.

Collaborations with others have also extended the reach of my office. The Australian Hotels Association (SA) joined WE’RE EQUAL in April 2024 and we continue to participate, when possible, in the regional visits and educative forums it provides to its many members across the state. This year, presentations about the work of my office and WE’RE EQUAL were made at venues in Port Hughes, the Adelaide Hills, Clare, and the Barossa valley, and we continue to see growth in membership across those regions.

Similarly, SANFL’s membership and endorsement of the WE’RE EQUAL message resulted in an invitation to present the initiative to Chief Executive Officers of the League clubs in February, and to participate in a panel discussion on diversity and inclusion at the SANFL Footy Forum community football workshops held during Gather Round in April. Both opportunities extended the reach of the project’s anti-discrimination message into the League and community football clubs, with new members at each level.

Assessment of complaints of discrimination and sexual harassment continues. This year we received a similar number of enquiries compared with the previous year but saw a 24% increase in the number of complaints received. I believe this reflects the work of WE’RE EQUAL in raising awareness of the rights of individuals with respect to discrimination and the promotion of available complaints pathways, particularly in the areas of employment and the delivery of goods and services.

I thank my dedicated team for their hard work and professionalism in dealing with often distressed members of the public who have lodged complaints. I also thank former Assistant Commissioner, Colin Marsh, for his diligent and significant contribution to my office over the last few years.

The review into harassment in South Australia’s legal profession was undertaken for the most part in 2024 and provided to the Attorney-General in December 2024. Leaders in the profession have demonstrated a commitment to implement recommendations where they have influence and, importantly, a determination to contribute to sustainable change.

In February 2025 my office joined the Equal Opportunity Representation Service Pilot run by the Legal Services Commission. Through trialling new referral pathways, we aimed to address gaps in legal support experienced by complainants and respondents who were unable to effectively navigate the legislated requirements of the Act’s complaints process due to factors such as their age, illness, disability, English literacy level, or other vulnerability.

A key benefit has been that some complainants whose complaints may have otherwise been declined have been provided with legal advice and the opportunity to progress their complaint. The pilot concluded in July, and as a result of its success will continue.

Trialling new approaches to handling complaints, improving access to justice, and increasing the educative work of my office builds on the social and legislative reforms commenced decades ago. There is, however, a need to remain vigilant and protect the gains made.

Celebrating diversity, equity, and inclusion, while refusing to tolerate discrimination, bullying, and harassment in all its forms, are core values of civil society and are within the power of each of us to exercise every day.

JODEEN CARNEY
Commissioner for Equal Opportunity