South Australian Employment Tribunal
If your matter is not successful at conciliation, or the Commissioner uses her powers under the Act and decides not to continue with the complaint, you still have a right for your matter to be referred to the South Australian Employment Tribunal (the Tribunal).
The Tribunal hears and determines unresolved discrimination, sexual harassment and victimisation complaints referred from the Commissioner for Equal Opportunity.
There are three types of Equal Opportunity matters that can go to the Tribunal, as stipulated in the Equal Opportunity Act 1984 (the Act):
- Equal Opportunity Complaints (section 95B)
- Exemptions to the Equal Opportunity Act (section 92)
- Review of refusal to extend time (section 96B)
Equal opportunity complaints
All equal opportunity complaints must be made in the first instance to the Equal Opportunity Commission. Complaints will be referred to the Tribunal when the Commissioner for Equal Opportunity:
- is of the opinion the matter cannot be resolved by conciliation
- has not been able to resolve the matter through conciliation
- is of the opinion that the matter should be transferred to the Tribunal whether a conciliation has been attempted or not; and
- has declined to recognise a complaint and the person making the complaint asks for it to be referred to the Tribunal.
Exemptions to the Equal Opportunity Act
The Commissioner for Equal Opportunity, or any other person, can apply to the Tribunal seeking an exemption to the Act. If you would like to seek an exemption to the Equal Opportunity Act, you can make an application to the Tribunal. See more information under 'Exemptions to the Rules'.
Review of refusal to extend time
If the Commissioner for Equal Opportunity refuses an application for an extension of time for a complaint to be lodged, the person making the complaint can then apply to the Tribunal within one month of the Commissioner’s decision to have that decision reviewed.
The South Australian Employment Tribunal (SAET) Registry is open to the public from 8.30 am to 5.00 pm, Monday to Friday.
Level 6 Riverside Centre
Adelaide SA 5000
Telephone: (08) 8207 0999
Fax: (08) 8115 1380
PO Box 3636
Rundle Mall SA 5000