Myths and misconceptions

People often think that the Equal Opportunity Commission can do things that we can’t do. Here are some common misconceptions about what we do:

The Commissioner can deal with all kinds of unfairness

The Commissioner can only take up complaints that are covered by the Equal Opportunity Act. Some types of unfairness can be dealt with in other ways, for instance, the Fair Work Ombudsman can deal with many kinds of unfair treatment at work. Some types of unfair action can be taken to court and you can sue. Then there are other kinds of unfairness that the law can’t help you with.

The Commissioner decides whether discrimination has occurred.

The Commissioner has no power to decide that. If the people involved cannot sort out the complaint by negotiation, then the complaint can go to the Equal Opportunity Tribunal. The Tribunal can decide if discrimination has occurred.

The Commissioner can make the other person treat me fairly.

The Commissioner has no power to enforce discrimination laws. She has two jobs. One is public education (like this site). The other is helping to resolve complaints by agreement. If a complaint can’t be solved that way, it has to go to the Equal Opportunity Tribunal. Only the Tribunal can tell people what to do.