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Discrimination in the workplace

Public Sector and Local Government workers can raise discrimination claims just as equally as other workers.

The relevant bodies are the Australian Human Rights Commission; and the Equal Opportunity Commission of South Australia.

One of the most common workplace discrimination complaints is sexual harassment.

There is a 12 month time limit on making complaints to the Equal Opportunity Commission, but extensions of time can be granted [Equal Opportunity Act 1984 (SA) s 93].

There is a 2 year (24 month) time limit on making complaints to the Australian Human Rights Commission[Australian Human Rights Commission Act 1986 (Cth) s 46PH]. Until 12 December 2022, the time period was 6 months for any claims not being made under the Sex Discrimination Act 1984 (Cth).

Complaints will first go through a process of conciliation and, if they do not resolve, either to the Federal Court or the South Australian Employment Tribunal, if eligible.

See the Chapter on Discrimination for more information.

Your choice of jurisdiction can significantly affect your rights and legal advice should be sought first.

Discrimination in the workplace  :  Last Revised: Wed Dec 14th 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.