What it does
The Equal Opportunity Act 1984 (SA) establishes a comprehensive statutory scheme to prohibit discrimination on specified grounds and to promote equality of opportunity. Its long title states that it promotes "equality of opportunity between the citizens of this State", prevents discrimination based on sex, race, disability, age or various other grounds, facilitates participation in economic and social life, and deals with related matters.
At its core the Act operates by declaring particular conduct unlawful. Part 3 prohibits discrimination on the ground of sex, sexual orientation, gender identity or intersex status (s 29 sets out the criteria). Part 4 does the same for race (s 51). Part 5 addresses disability (s 66, which includes past, future or imputed disabilities and failures to provide access or assistance). Part 5A covers age (s 85A), and Part 5B deals with a residual category of grounds including marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, association with a child, caring responsibilities, religious appearance or dress, and experience of domestic abuse (s 85T).
Discrimination is defined in each Part by reference to unfavourable treatment. Section 6(3) supplies a general interpretative rule: a person treats another unfavourably on the basis of an attribute if they treat that person less favourably than in identical or similar circumstances they treat or would treat a person without that attribute. Section 6(2) provides that an act is on a particular ground if that ground is a substantial reason, even if other grounds exist. Section 6(4) makes clear that a mistaken assumption (for example about a person's sexual orientation or race) still constitutes discrimination.
The Act then applies these prohibitions to specific fields of activity. In employment, ss 30, 52, 67, 85B and 85V make it unlawful for employers to discriminate in offers of employment, terms of employment, promotion, training, dismissal or other detriment. Parallel rules govern agents, independent contractors, contract workers and partnerships (ss 31–33, 53–55, 68–70, 85C–85E, 85W–85Y). Educational authorities are prohibited from discriminating in admission, terms of education, benefits, expulsion or other detriment (ss 37, 59, 74, 85I, 85ZE). Providers of goods and services (defined broadly in s 5(1) to include banking, insurance, transport, professional services, government services and more) must not discriminate in supply or terms (ss 39, 61, 76, 85K, 85ZG). Similar rules apply to disposal of interests in land, accommodation, associations and qualifying bodies (ss 38, 40, 35–36, 57–58, 72–73, 85G–85H, 85ZB–85ZC, 85ZF–85ZH).