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.