South Australian Consolidated Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 93

93—Making of complaints

        (1)         A complaint alleging that a person has acted in contravention of this Act may be made—

            (a)         by a person aggrieved by the act;

            (b)         by a person aggrieved by the act, on behalf of himself or herself and any other person aggrieved by the act;

            (c)         if a person aggrieved by the act is a child or has an intellectual disability—by a person who is, in the opinion of the Commissioner, a suitable representative of the interests of the aggrieved person.

        (1a)         A person cannot make a complaint pursuant to subsection (1)(b) on behalf of some other person unless that other person has consented in writing to the making of the complaint.

        (1b)         A person who consents to a complaint being made on his or her behalf is bound by any decision or order made on the complaint.

        (1c)         A complaint—

            (a)         must be in writing and set out the details of the alleged contravention; and

            (b)         must be lodged with the Commissioner.

        (2)         A complaint must be lodged—

            (a)         if the alleged contravention is constituted of a series of acts—within 12 months of the last of those acts;

            (b)         in any other case—within 12 months of the date on which the contravention is alleged to have been committed.

        (2a)         The Commissioner may, on application, extend the time for lodging a complaint, even if the time for lodging the complaint has expired, if the Commissioner is satisfied—

            (a)         that there is good reason why the complaint was not made within the stipulated time period; and

            (b)         that in all the circumstances it is just and equitable to do so.

        (2b)         If the Commissioner decides to refuse an application to extend the time for lodging a complaint, the Commissioner must give the applicant notice in writing of the decision and of the applicant's right to have the decision reviewed.

        (2c)         A complaint alleging that a student enrolled in a course of secondary education has committed an act of sexual harassment or victimisation against a fellow student of the educational institution at which the student is enrolled may not be lodged unless the complainant satisfies the Commissioner that the complainant has made a reasonable attempt to resolve the matter through procedures available at the institution or that there is good reason for not doing so.

        (3)         On a complaint being lodged under this section, the Commissioner must cause a written summary of the particulars of the complaint to be served on the respondent named in the complaint.