Tribunal Can Order Payments for Discrimination and Harassment; Fines for Ignoring Equal Opportunity Commissioner
Equal Opportunity Bill 2026
Legislative Assembly
Legislative Council
Assent
Topics
court procedures criminal justice employment rights freedom of religion human rights local government privacy
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Unlawful conduct now includes discrimination, failure to make reasonable adjustments, racial, sexual or sex-based harassment, vilification, victimisation, and advertising unlawful conduct.
The State Administrative Tribunal can order a respondent to pay compensation for loss or injury, including offence, humiliation, intimidation, harassment or vilification. The Tribunal can also ban a respondent from repeating the unlawful conduct or declare an agreement that allows unlawful conduct void.
People must lodge complaints about unlawful conduct within 2 years, though they can apply in writing to the Equal Opportunity Commissioner for permission to lodge a late complaint.
If the Equal Opportunity Commissioner rejects or dismisses a complaint, the complainant can apply to the State Administrative Tribunal for a review or request that the complaint be referred to the Tribunal for resolution within 21 days.
In direct discrimination cases, the complainant must first provide enough facts to suggest discrimination occurred. Once this is done, the burden shifts to the respondent to prove they did not unlawfully discriminate.
Religious bodies and individuals have exemptions that let them treat people differently based on religion or other attributes (except disability or race) if the conduct follows the religion's doctrines or is necessary to avoid offending the religious feelings of followers (the Act calls this 'religious susceptibilities').
Employers, partners in large partnerships, and members of Parliament or political office holders can discriminate if a person's attribute means they cannot perform the inherent requirements of the work and no reasonable adjustment can be made.
Conduct that was already considered unlawful discrimination, harassment, or victimisation under previous laws continues to be treated as unlawful under the new rules.
Settlement offers and anything said or done during a conciliation process cannot be used as evidence in legal proceedings, unless the proceeding is for perjury or specific offences.
Local governments are banned from engaging in unlawful conduct or discrimination against employees or job applicants.
Industrial awards cannot contain provisions that allow or amount to unlawful discrimination against employees.
A person who fails to comply with a notice from the Equal Opportunity Commissioner can be fined $6,000.
The Freedom of Information Act now includes information protected under equal opportunity laws as a category of protected information.
The Spent Convictions Act now includes a note clarifying that people can make complaints under equal opportunity law if they are discriminated against because of a spent conviction.
The Equal Opportunity Regulations 1986 are removed from the law.