South Australia
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected ground are prohibited under federal law and the laws of states and territories. Additionally, federal law and the laws of states and territories prohibit bullying, whether related to a protected ground or not. The federal government and state and territory governments have agencies that help employers and employees understand these legal requirements and ensure compliance with the laws.
Applicable Laws
Federal
The primary federal laws that prohibit employment discrimination include the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, and the Australian Human Rights Commission Act 1986.
The Fair Work Act 2009 provides protections against bullying and taking adverse action against an employee because of a protected attribute.
State or Territory
In South Australia, the primary law prohibiting employment discrimination, including harassment, is the Equal Opportunity Act 1984.
The Work Health and Safety Act 2012 provides protection from harassment and sexual harassment as a workplace hazard or risk.
Protected Grounds
Federal
Harassment or discrimination based on any attribute listed below is prohibited throughout Australia under federal law.
- Sex (including intersex status, pregnancy and breastfeeding)
- Sexual orientation
- Gender identity
- Race/Colour
- Immigrant status
- National or ethnic origin
- Disability
- Age
- Marital or relationship status
- Family responsibilities
State or Territory Law
Harassment or discrimination based on any attribute below is prohibited under South Australia law.
- Age
- Sex
- Gender identity
- Sexual orientation
- Intersex status
- Race
- Disability
- Marital or domestic partnership status
- Identity of spouse or domestic partner
- Pregnancy
- Association with child
- Caring responsibilities
- Religious appearance or dress.
Definition of Sexual Harassment
Sexual harassment is any unwelcome conduct of a sexual nature, where it is reasonable to expect that the other person would be offended, afraid or humiliated.
A person can be sexually harassed by another person of the same or a different sex.
Whether sexual harassment has occurred is determined from the point of view of the person feeling harassed.
Sexual harassment can take the form of:
- unwelcome touching or kissing
- commenting on a person’s appearance
- comments, jokes or name-calling
- leering or staring
- sexual pictures, objects, emails, text messages or literature
- direct or implied propositions, or requests for dates
- asking about a person’s sexual history or sexual activities.
Filing a Claim in South Australia
A claim for employment discrimination or harassment based on a protected ground may be made to the Australian Human Rights Commission or to Equal Opportunity SA.
Complaints related to bullying and certain types of discriminatory actions may be made to the Australian Fair Work Commission, the Australian Fair Work Ombudsman or to SafeWork SA.
Potential Remedies
An employee who has experienced discrimination, harassment or bullying may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress the unlawful conduct. Examples of potential remedies are listed below.
- Compensation for lost wages or benefits
- Reinstatement, promotion, transfer or hiring
- Injunctions to stop unlawful conduct
Victimisation Prohibited
It is unlawful for an employer to engage in victimisation as to an employee who makes a claim or allegation as to discrimination or harassment or assists someone else to make such a claim or allegation.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.