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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-11-28 Daily Xml
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Equal Opportunity Act

The Hon. R.B. MARTIN (14:49): My question is to the Attorney-General. Will the Attorney-General please inform the council about the upcoming anniversary of the passage of the Equal Opportunity Act?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:49): I thank the honourable member for his question regarding the significant milestone for South Australia's Equal Opportunity Act and welcome the opportunity to reflect on the important history of equal opportunity in this state. South Australia has been and continues to be a catalyst for anti-discrimination and equal opportunity law. Since the mid-1800s, this state has led the nation in the realm of equal opportunity and rights, particularly for women. As early as 1858, it afforded women the power to petition for divorce, and in 1894 instigated women's right to vote.

In 1966, Australia led the nation by being the first jurisdiction to introduce anti-discrimination legislation protecting individuals from discrimination on the basis of their race, including the colour of their skin and the country of their origin. In 1975, we set the standard again by being the first Australian state or territory to decriminalise homosexual acts between consenting males. In 1976, we appointed our first equal opportunity commissioner, Mary Beasley. Her appointment, a whole eight years before the creation of our equal opportunity laws, was a statement that equality, fairness and justice in our community are fundamental to our way of life and social values.

Established in 1984, the Equal Opportunity Act (SA), our current act, ensured that the citizens of South Australia have equal rights and access to opportunities by enshrining protections against discrimination in law. South Australia's Equal Opportunity Act was amongst one of the first comprehensive pieces of legislation addressing multiple forms of discrimination, consolidating protections under the former sex discrimination act, racial discrimination act and handicapped persons equal opportunity act.

The act also introduced new protections against discrimination based on pregnancy and sexuality, provided people with disabilities greater potential for employment, and for the first time defined the term 'sexual harassment'. When it was introduced, then commissioner, Josephine Tiddy, predicted the act would facilitate acceptance and equality in the areas of employment, service, recreation and sports. Commissioner Tiddy expected that the Equal Opportunity Act would one day extend to cover other forms of discrimination and would continue to advance systemic change. Her vision would go on to be fulfilled.

In the 40 years since its inception, the Equal Opportunity Act has been amended numerous times and has, importantly, expanded the protections for individuals against additional forms of discrimination. Most notably, the act was reformed to prevent discrimination on the basis of one's age and intellectual disability; and in 2009, introduced protections for people with caring responsibilities, learning disabilities, mental illness, and those who wear religious dress to work or study. Most recently, this government introduced amendments to the act to provide protections for victims of domestic and family violence and to make conversion practices unlawful, providing victims with alternative civil avenues to seek legal recourse and justice through the commissioner's office.

Interestingly, there has never been an equal opportunity commission as such, although it has commonly been referred to that over the years. Last year, the name was changed to Equal Opportunity SA, a name that better reflects the public-facing nature and purpose of the office which administers and defends our equal opportunity legislation and also encourages South Australians to embrace diversity and difference. Equal Opportunity SA's complaints processes offer victims and others a flexible and accessible approach to dispute resolution, removing barriers for individuals who might otherwise be deterred by the complexity and cost of legal action.

Its conciliation work helps to restore relationships between parties to disputes and facilitates long-term behavioural change to prevent future discrimination. Its compassionate and practical pathways for addressing discrimination, sexual harassment and victimisation in our community help to foster a culture of understanding, accountability and social cohesion. In the past 40 years, the protections in the Equal Opportunity Act have proven essential in ensuring individuals are treated equitably in employment, education, housing, goods and services, and other aspects of public life.

Ultimately, the act addresses systemic barriers and empowers individuals to challenge discrimination, playing a critical role in fostering a fairer and more just South Australian community. I expect the Equal Opportunity Act will continue to afford individuals protection against discrimination and further advance our society towards equality. I congratulate the current Commissioner for Equal Opportunity, Jodeen Carney, and the dedicated staff at Equal Opportunity SA on the 40th anniversary of the Equal Opportunity Act and for their continued commitment to eliminate discrimination and other unlawful acts in this state.

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