Where you lodge your complaint will mostly depend on the type of discrimination.

Some types of discrimination - such as social origin or political opinion - are only dealt with by the Australian Human Rights Commission. Other types of discrimination are covered by both South Australian and Commonwealth laws.

You can lodge a complaint with either the state or Commonwealth body, but not both.

South Australian vs Commonwealth Law

There are some differences between the state and Commonwealth jurisdictions that may help you decide where to lodge a complaint.

Type of discrimination

Covered by South Australian laws?

Covered by Commonwealth laws?

Race

Yes

Yes

Age

Yes

Yes

Disability

Yes

Yes

Mental illness

Yes

Yes

Sexual Orientation

Yes

Yes*

Sex

Yes

Yes

Gender Identity

Yes

Yes

Intersex Status

Yes

Yes

Pregnancy

Yes

Yes

Marital Status

Yes

Yes

Sexual harassment

Yes

Yes

Victimisation

Yes

No

Religion

No

Yes

Religious dress

Yes

Yes

Political opinion

No

Yes

Medical record

Yes**

Yes

Criminal record

No

Yes

Trade union activity

No

Yes

Learning disorder

Yes

Yes

Caring responsibilities

Yes

Yes

Identity of spouse or partner

Yes

Yes

Association with a child

Yes

No

*Sexual Orientation - Discrimination at work based on sexual preference is covered by the Fair Work Act s. 351.

**Medical Record - If it relates to a past or presumed disability.

Australian Human Rights Commission

The Australian Human Rights Commission does not have offices in South Australia. The head office is in Sydney, but officers travel interstate when required.

In some cases, the Commissioner for Equal Opportunity can arrange and pay for a lawyer if a complaint cannot be resolved and is referred to the South Australian Civil and Administrative Tribunal.

This is not the case in the Commonwealth system.