Equal Opportunity (Parliament and Courts) Amendment Act 2020 (SA)

South Australia

Equal Opportunity (Parliament and Courts) Amendment Act 2020

An Act to amend the Equal Opportunity Act 1984.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Equal Opportunity (Parliament and Courts) Amendment Act 2020.

2Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Equal Opportunity Act 19843Amendment of section 87 – Sexual harassment

1. (1)

   Section 87(6a)—after "sexual harassment a" insert:

   judicial or

2. (2)

   Section 87(6c)—after paragraph (a) insert:

   1. (ab)

      another member of Parliament; or

4Amendment of section 93 – Making of complaints

Section 93—after subsection (3) insert:

1. (4)

   Despite any other provision of this Act, if the Commissioner becomes aware that—

   1. (a)

      a criminal investigation is being conducted in relation to a matter that is the subject of a complaint; or

   2. (b)

      a person has been or is to be charged with a criminal offence in relation to a matter that is the subject of a complaint,

the Commissioner may not proceed to investigate or otherwise deal with the complaint under this Act, or to attempt to resolve the subject matter of the complaint by conciliation, until the criminal investigation has been completed or the proceedings for the offence have been disposed of, withdrawn or permanently stayed.

5Amendment of section 93AA – Manner of dealing with complaints of sexual harassment by judicial officers and members of Parliament

1. (1)

   Section 93AA(1)(f)(ii)—after "conciliation" insert:

   (and for that purpose the Commissioner has the same powers as are conferred on the Commissioner by section 95 in relation to the conduct of conciliation proceedings where a complaint is dealt with under this Act)

2. (2)

   Section 93AA(3)—delete subsection (3)