Normally, to start a case at SACAT you must make an initiating application. This tells SACAT and the other people involved in your case what you want SACAT to do.

However, in equal opportunity matters, you cannot make an application directly to SACAT.

You must make a complaint to the Commissioner for Equal Opportunity (external site) (external site) first, who may then refer your matter to SACAT. In this case the Commissioner will make an application on your behalf.

The Commissioner's Office will provide all the information about your complaint, including any documents you provided and any response by the person or organisation the subject of the complaint.

Other circumstances

If the Commissioner for Equal Opportunity has declined to recognise your complaint (eg they believe no action should be taken) you can request that the Commissioner's Office refers your complaint to SACAT for further review. You will need to request this in writing to the Commissioner within three months of the Commissioner's decision to decline your complaint.

If the Commissioner for Equal Opportunity has refused an application from you to extend the time to lodge a complaint, you may be able to make an application directly to SACAT for a review. In this case, you would need to make the application yourself.

What to provide to SACAT

Once the Commissioner has made their application to SACAT on your behalf, you will now be referred to as the applicant - this means you are considered to be the person who has made the application, and you will need to prove the allegations made in your complaint.

You are then responsible for providing additional information and documents to SACAT to support your complaint.

SACAT can only hear and determine complaints about behaviour which is considered to be 'unlawful discrimination'.

This is behaviour that is not allowed under the Equal Opportunity Act 1984 (external site) (external site).

Discrimination is against the law if:

  • It is based on particular personal characteristics or grounds specified in the law, and
  • It occurs in an area or place of public life (for example in  employment or an educational institution)

You should consider preparing the following information:

  • The section of the law that you want to rely on (in this case the ground of discrimination)
  • A description of the conduct that you say constitutes discrimination, sexual harassment, or victimisation
  • The facts, acts or omissions alleged to constitute discrimination, sexual harassment, or victimisation
  • A description of how the conduct is connected to a personal characteristic or ground of discrimination (e.g. disability, race)
  • A description of how the conduct has occurred in an area or place of public life

The Commissioner for Equal Opportunity will provide SACAT with a copy of your initial complaint to them, including any documents you provided in your application to the Commissioner.

The parties involved in these matters will usually need to give evidence before SACAT - this may involve calling witnesses. Sometimes these are expert witnesses who will provide documents in order to prove or defend allegations in your complaint.

For example, if the allegation is that a person has been discriminated against on the basis of a disability, it may be necessary to provide medical evidence to establish the fact - or extent - of the disability.