The Equal Opportunity Commission (EOC) is an independent government agency that aims to make Western Australia free from discrimination, harassment and victimisation.
If you believe you have experienced unlawful discrimination, harassment or victimisation, you can submit a written complaint to the EOC, and they will assess and work to resolve your complaint in an impartial way to reach a fair resolution.
What types of complaints can you make?
The EOC can consider complaints of discrimination or harassment under the Equal Opportunity Act 1984 (WA). This means that the discrimination must be because of an attribute or characteristic that you may have AND the discrimination must have occurred in a public place or as part of everyday public life.
You can submit a complaint to the EOC about:
Unlawful Discrimination: if you have suffered unfair treatment because of an attribute or a personal characteristic that is protected by law (these are called protected grounds).
Protected grounds include:
- Sex
- Race including skin colour, ethnicity, or national origin
- Age
- Sexual Orientation
- Physical, Intellectual, or Mental Disability
- Religious Belief
- Political Beliefs
- Marital Status (single, married, divorced, widowed)
The law also protects you if you are discriminated against because:
- You are pregnant.
- You are breastfeeding.
- Of a family relationship or who you are related to.
- You have caretaking responsibilities for someone else including children or a sick relative.
- You identify with a gender that differs from that recorded on your original birth certificate.
- Your name appears on the Fines Enforcement Registrar.
- You have a spent conviction that you are not required to disclose.
- You have an expunged historical homosexual conviction.
Racial Harassment: if there has been threats, abuse, insults, or taunts because of your race.
Sexual Harassment: if there has been unwanted sexual behaviour that makes you feel humiliated, unsafe, or offended.
Victimisation: if you have been treated badly because you made a complaint such as a Public Interest Disclosure.
The discrimination must have happened in a public place or as part of everyday public life, such as:
- At work.
- At school, university, or another educational institution.
- When accessing goods, services, or facilities, such as shops, restaurants, banks, healthcare services, or government services.
- When renting, buying, or staying in accommodation, such as a rental property, hotel, hostel, or care facility.
- When accessing public places or using public transport and other vehicles.
- As a member of a club or association.
- At certain sporting events or sporting venues.
- When completing application forms.
- In advertisements or public notices.
Note: Protection for some grounds is limited to specific public places. See the factsheet below for a complete list of protected grounds and applicable public places.
Lawful Exceptions: The law contains some exceptions that may apply depending on the protected ground or where the discrimination took place. Some exceptions may include:
- Measures intended to meet a special need.
- Some religious educational institutions.
- Some charities.
- Some sporting contexts.
Note: Please see the factsheet below for a complete list of protected grounds and applicable exceptions.
Jurisdiction: The EOC can consider complaints in accordance with the laws of Western Australia, in particular the Equal Opportunity Act 1984 (WA). The EOC cannot consider any complaint that is not covered under the Equal Opportunity Act 1984 (WA).
Scope: The discrimination must have occurred in Western Australia.
Time limits: Complaints should be made within 12 months of the incident occurring. The EOC may accept older complaints in special circumstances.
Discretion: The EOC can decide whether to accept or dismiss a complaint.
Who can you make a complaint against?
The EOC deals with complaints about:
- Individuals: a manager, staff member, landlord, teacher, service provider.
- Employers: an individual, business, organisation, or government body. Also includes employment agencies and training providers.
- Businesses and Service Providers: such as shops, banks, hospitals, public transport, and government services.
- Housing and accommodation providers: landlords, real estate agents, property managers, hotels, hostels and care facilities.
- Educational authorities: schools, universities, TAFEs, and training providers.
- Clubs and Associations: Sports, social, recreational clubs, and professional associations.
- Professional or trade organisations: unions, employer associations, professional licensing and regulatory boards.
- Advertisers: individuals or organisations responsible for a discriminatory advertisement, sign or notice.
Are you eligible to make a complaint?
Anyone who has experienced discrimination or harassment in WA can make a complaint to the EOC.
Can complaints be made on behalf of someone? The complaint should be submitted by the person who experienced the discrimination or harassment. However, a complaint may be submitted by a parent or guardian on behalf of a child or a person with a disability who is unable to submit a complaint themselves.
What can this body do to help?
Possible outcomes include:
Conciliation Conference: The EOC may schedule a meeting with you and the individuals involved in your complaint to give both sides an opportunity to discuss and reach a mutual agreement.
Referral to the State Administrative Tribunal (SAT): The complaint may be referred to the SAT where conciliation is not appropriate or has already failed. The SAT may make a decision to resolve the issue, including awarding compensation of up to $40,000 for loss or harm caused.
How to prepare your complaint:
When making a complaint to the EOC include as much clear information as possible.
Personal details: Include your name, address, phone number and email. EOC complaints cannot be made anonymously.
Respondent's Details: The name and contact details of the person or organisation you are complaining about.
Relevant Facts: Include details such as:
- The protected grounds on which the discrimination is based (e.g., sex, race, age, disability, etc.).
- A detailed description of what happened.
- The date and time of the incident.
- The location of the incident.
- A description of how the incident has affected you or your family (emotionally, physically, or financially).
Evidence: Include any supporting evidence such as documents, emails, or text messages to support your complaint.
Other things to know: Complaints must be submitted in writing, but you are not required to use English. You may write your complaint in the language you feel most comfortable using and the EOC will translate for you.
Lodging your complaint and next steps:
Your complaint must be submitted in writing via the online complaint form, email or letter.
- Online Complaint Form: Make a Discrimination or Harassment Complaint | Western Australian Government
- Email: eoc@eoc.wa.gov.au
- Post: Albert Facey House, 469 Wellington Street, Perth WA 6000
If you have any questions about your complaint or are unsure if it will be covered by the EOC, you can email or call the EOC before submitting your complaint.
- Telephone: 1800 198 149
What happens next: Your complaint will be assessed and if accepted an impartial and confidential investigation will begin. If not accepted, you will be informed of the decision and the reason why.
More information:
Refer to the factsheet provided below for more information.
Refer to the "EOC Complaints Process" flyer here: EOC Complaints Process Information Sheet
