Government Logos

Discrimination

  • Direct discrimination
  • Indirect discrimination
  • Advertisements
  • Victimisation
  • Types of discrimination
  • Responsibilities

Everybody deserves a "fair go". It doesn't matter what sex, race or age you are, if you have a disability in any way, your marital status, pregnancy, your family status or family responsibility, the religious or political beliefs you might hold, any spent convictions you may have, your sexual orientation or gender history - everybody has the right to be treated fairly.

The Equal Opportunity Act gives everyone a fair go - by law. It makes it unlawful to discriminate against people on certain grounds and areas of public life. It means that if any person believes they have been discriminated against in these ways, there is an avenue they can pursue for help.

Direct discrimination

Direct discrimination takes place when a person is treated less favourably than another person, in the same or similar circumstances, on one or more of the grounds and in one of the areas of public life covered by the Act.

Indirect discrimination

Indirect discrimination happens when an apparently neutral rule has a negative effect on a substantially higher proportion of people with a particular attribute or characteristic, e.g. race, compared to people without that attribute or characteristic, and the rule is unreasonable in the circumstances.

Advertisements

Under the Equal Opportunity Act (1984) it is unlawful to publish or display an advertisement that shows an intention to discriminate.

Advertisements as defined under the Act includes every form of advertisement or notice, whether to the public or not.  This includes television, newspaper and radio advertisements, as well as circulars, catalogues, price lists etc.  Online and electronic advertising also are covered. See our Guidelines for advertisers (pdf , word)

Victimisation

Victimisation is also against the law. Victimisation includes threatening, harassing or punishing a person in any way because they have objected about the discriminatory manner in which they have been treated. It also applies to anyone who has made a complaint, or intends making a complaint, under the Act.

Victimisation is also applies to anyone giving evidence about a complaint.

Types of discrimination

The Equal Opportunity Act sets out the types or grounds of discrimination which are unlawful. They are:
  • Age
    – being regarded as too young or too old*
  • Family responsibility
    – having a caring role
  • Family status
    – being a relative of a particular person or having the status of being a particular relative
  • Gender history
    – having a reassigned gender as certified under the Gender Reassignment Act 2000
  • Disability or impairment
    – having a physical, intellectual or mental disability that is current, past or imputed*
  • Marital status
    – being single, married, a de facto partner, separated, divorced or widowed
  • Political conviction
    – including a lack of conviction
  • Pregnancy
  • Race
    – including colour, ethnicity or national origin or descent*
  • Racial harassment
    – including offensive or insulting comments or other behaviour about a person’s colour, ethnic background or origin
  • Religious conviction
    – including a lack of conviction
  • Sex
    – being a man or woman
  • Sexual harassment
    – including unwelcome requests for sexual favours, touching and comments about a person’s private relationships
  • Sexual orientation
    – including heterosexuality, homosexuality, lesbianism, bisexuality or assumed sexual orientation.*

*The Act may also apply to a relative or a person who has a close relationship to a person affected by these grounds.

• The Commissioner for Equal Opportunity also deals with complaints on the ground of spent convictions in the area of employment.

A complaint form can be downloaded here. Complaint Form
   

 

Responsibilities

Liability of people involved in unlawful acts

A person who causes, instructs, induces, aids or permits another person to do something that is unlawful under the Act shall be considered to have done the act themselves.

Vicarious liability

When an employee, or agent, in connection with their employment, does something which is unlawful under the Act, their organisation, employer or principal will be liable for that act.

The Act (The Equal Opportunity Act 1984)

The Equal Opportunity Act was enacted by the Western Australian Parliament in 1984. Its objectives are:

  • To eliminate discrimination on the grounds of sex, marital status or pregnancy, family responsibility or family status, race, religious or political conviction, impairment, age or gender history in the areas of work, accommodation, education, the provision of goods, facilities and services, access to places and vehicles, land and the membership of clubs
  • To eliminate sexual and racial harassment in the workplace, educational institutions and accommodation
  • To promote community recognition and acceptance of the equality of men and women, and the equality of people of all races, regardless of their religious or political convictions, their impairments or their age.

The Commissioner investigates complaints that fall within the jurisdiction of the Equal Opportunity Act. The Commissioner has the power to:

  • obtain pertinent information and documents from both the complainant and the respondent, and
  • convene conciliation conferences.

If the Commissioner decides the complaint falls within the jurisdiction of the legislation, it will be allocated to a conciliation officer who assists the Commissioner to investigate and attempt to conciliate complaints.

The Commissioner can refer a complaint to the State Administrative Tribunal if the complaint cannot be conciliated, or if the nature of the complaint is such that the Commissioner believes it should be referred to the Tribunal for resolution.

A complaint can be dismissed by the Commissioner if she is of the opinion that it is frivolous, vexatious, misconceived, lacking in substance or not unlawful under the Act.

If the Commissioner does dismiss a complaint, the complainant has the right to take the case to the State Administrative Tribunal.

Where the Commissioner is of the view that the complainant is not pursuing their complaint, she is able to inform the complainant that the matter will lapse if contact is not re-established with a Commission officer within 21 days.

Three separate agencies administer the Act, each with different responsibilities and functions.

Equal Opportunity Commission

The Commissioner for Equal Opportunity investigates and tries to conciliate complaints lodged by people who believe they have been discriminated against.

The Commissioner also conducts investigations, research and inquiries into all matters relating to discrimination.

Making sure the community is aware of its rights and obligations under the Act is a critical function of the Equal Opportunity Commission. The Commissioner is also responsible for the collection and dissemination of information and advice on matters relating to the elimination of discrimination.

Through public presentations, seminars, training workshops and publications like this one, the Commissioner is committed to raising awareness of the Equal Opportunity Act to the general community, specific target groups and employers.

Office of Equal Opportunity in Public Employment

The Director of Equal Opportunity in Public Employment works with government agencies to promote equal employment opportunities in the public sector, and to evaluate the effectiveness of programs and processes put in place to achieve that aim.

State Administrative Tribunal

The State Administrative Tribunal hears complaints that have been referred by the Commissioner for Equal Opportunity when the conciliation process has failed. The Tribunal also has the power to grant Interim Orders and Exemptions. The State Administrative Tribunal is an independent statutory body.

Further information

For further information or to lodge a complaint please contact the Equal Opportunity Commission on 9216 3900.
To obtain a full copy of the Equal Opportunity Act, contact the State Law Publisher on 9321 7688 or at www.slp.wa.gov.au

Making a complaint

Who can lodge a complaint

You can lodge a complaint with the Commissioner for Equal Opportunity on your own behalf or on behalf of yourself and others. If you are a member of a trade union, your union may complain on your behalf.

If a person with an impairment is unable to write or sign their complaint, the complaint can be lodged by their advocate or carer.

How to lodge a complaint

Your complaint must be made in writing and signed by you. It must refer to one of the grounds of discrimination, and an area of activity which is covered by the Act. (The brochure “Unlawful discrimination” sets out the grounds of discrimination and the areas of activity covered by the Act).

Your written complaint should include as much detail as possible - at the very least, it should identify the person or organisation who is said to have discriminated against you, dates and any relevant information such as witness statements, letters of dismissal or medical certificates.

It is always your responsibility - the complainant - to provide information that will support the allegations you have made. The onus of proof rests with the person making the complaint.

You cannot use the Equal Opportunity Commission to resolve disputes going back years - your complaint must be lodged within 12 months of the last incident of discrimination. However, in some circumstances the Commissioner may rule that there is good reason to accept a complaint that falls outside the 12-month time frame.

Click here to print a complaint form (pdf size: 79 kb| word size: 2.78 mb).

What happens when a complaint is lodged

The Commissioner for Equal Opportunity reads all inquiries and complaints lodged with the Commission and makes a preliminary assessment about their status. If the Commissioner decides that the complaint or inquiry that’s been made falls within the jurisdiction of the Act, it will be investigated.

Find out more about the Complaint Process here.

Conciliation

Conciliation helps both parties clarify what the complaint is about, and which points are in dispute. It means the parties sitting down with a conciliator, and talking things through. Sometimes, when a complaint is brought to the attention of the other party, resolution is swift and apologies readily given. In other cases, the conciliation process does not work.

Find out more about the Conciliation Process here.

A complaint form can be downloaded here. Complaint Form
   

 

Will you be victimised if you make a complaint?

It is against the law for anyone to threaten, harass or subject a person to a detriment because they have made a complaint or intend to make a complaint under the Equal Opportunity Act 1984. This protection is also afforded to anyone giving evidence about a complaint.