Legislation

South Australian law

From 1 September 2023, South Australian law covers discrimination on the basis of being, or having been, subjected to domestic abuse [s 85T(1)(g)].

Under section 85T(8) of the Equal Opportunity Act 1984 (SA) it is unlawful to treat a person unfavourably because they are, or have been subjected to domestic abuse. This applies in relation to work [s 85U], membership of an association [s 85ZA], in education [s 85ZD], in obtaining an interest in land [s 85ZF], the provision of goods and services [s 85ZG] and accommodation [s 85ZH].

Exceptions

There are exceptions in the following circumstances:

Commonwealth law

From 15 December 2023, the Commonwealth Fair Work Act 2009 has covered discrimination on the basis of being subjected to family and domestic violence.

Under section 351 of the Act, it is unlawful for an employer to take adverse action against a person who is an employee, or prospective employee, of the employer because of the person’s subjection to family and domestic violence.

Complaints

Complaints can be made to the Equal Opportunity Commission. There is no cost to lodge a complaint. For forms and guides on making a complaint see the website of the Equal Opportunity Commission

The Commissioner may decline complaints on the ground of being, or having been, subjected to domestic abuse if the complainant fails to provide sufficient evidence [s 95A(1)(d)]. However, sufficient evidence would include [s 95A(4)]:

The Fair Work Commission can also take complaints of discrimination in work on the ground of subjection to family or domestic violence. See further the Employment law chapter on general protections.