U2.03 — Intent and Purpose of the Equal Opportunity Act 1984 (WA)
Overview
Dotpoint 3: intent and purpose of the Equal Opportunity Act 1984 (WA).
This dotpoint looks at why the law exists and what it is trying to achieve in Western Australia.
The main purpose of the Act is to:
- promote equality of opportunity
- make certain kinds of discrimination and harassment unlawful
- provide remedies when unfair treatment occurs
⚖️ What the Act is trying to do
The Equal Opportunity Act 1984 (WA) is designed to promote equality of opportunity in Western Australia and provide legal remedies when discrimination or harassment happens.
1) The intent of the Act
The Act exists to make WA fairer. It is meant to stop people being treated unfairly because of certain personal characteristics and to give them a way to complain if unlawful treatment occurs.
- it promotes fairness and equal opportunity
- it makes certain kinds of discrimination unlawful
- it also covers some types of harassment
- it gives people a legal pathway to seek help or a remedy
2) The purpose of the Act
The law is basically saying that people should have a fair chance in important parts of life such as work, education and access to services, and they should not be disadvantaged because of protected personal attributes.
🛡️ What the Act protects people from
Discrimination means treating someone unfairly because of a protected attribute. The Act also covers sexual harassment and racial harassment.
1) Protected attributes
Protected attributes under the Act
- Age – being regarded as too young or old
- Gender
- Breastfeeding – or bottle feeding
- Family responsibility – having a caring role
- Family status – being a relative of a particular person or having the status of being a relative
- Fines Enforcement Registrar’s website – having personal details published on the Registrar’s website
- Gender history – having a reassigned gender as under the Gender Reassignment Act 2000
- Impairment – having a current, past or assumed physical, intellectual or mental disability
- Marital status – being single, married, de facto, separated, divorced or widowed
- Political conviction – including a lack of conviction
- Pregnancy
- Race – including skin colour, ethnicity or national origin or descent
- Religious conviction – including a lack of conviction
- Sexual orientation
2) Harassment and victimisation
- sexual harassment is also unlawful under the Act
- racial harassment is also unlawful under the Act
- the law is there to protect people from unfair treatment, not just obvious exclusion
🏢 Where the Act applies and how remedies work
The Act applies in important areas of public life, and it also gives people a way to make a complaint and seek a remedy if discrimination or harassment occurs.
1) Main areas covered
Work and education
- employment and hiring
- promotion and workplace treatment
- training opportunities
- schools, TAFEs and other education settings
Everyday public life
- accommodation
- goods, services and facilities
- clubs and organisations
- other public-facing situations where unfair treatment may happen
2) Remedies when unfair treatment occurs
One of the most important parts of the Act is that it does not just say discrimination is wrong — it also provides a process for dealing with complaints in WA.
- a person can make a complaint to the WA Equal Opportunity Commission
- the complaint may be dealt with through conciliation, which means trying to resolve the issue
- if conciliation does not work, the complaint can be referred to the State Administrative Tribunal
- this is what the Act means by providing remedies when unfair treatment occurs
💼 Why it matters for business
Why it matters for business
- employers must recruit and manage staff fairly
- businesses must not treat customers unfairly on protected grounds
- workplaces should reduce the risk of harassment and discrimination
- businesses may need clear policies, staff training and complaint procedures
2) Business effects
Positive effect of following the Act
- fairer hiring and promotion practices
- better workplace culture
- lower risk of complaints and disputes
- stronger reputation and trust
Risk if a business ignores it
- complaints to the Equal Opportunity Commission
- possible conciliation or referral to the Tribunal
- damage to business public image
- loss of trust from staff or customers
- time and cost dealing with disputes
Simple conclusion: Businesses cannot just focus on profit. They must also treat people fairly and lawfully.
📌 Not every call is discriminating
| Discriminatory examples | Not discrimination |
|---|---|
| An employer refuses to interview someone because they use a wheelchair, even though they can do the job. | A worker who uses a wheelchair is disciplined for poor performance, where the real issue is the work standard and not the wheelchair. |
| A customer is refused service because of their race or ethnic background. | A customer is refused service for being aggressive or abusive to staff, regardless of their background. |
| A worker is denied promotion because she is pregnant. | A worker misses out on promotion because another employee has stronger experience and better results. |
| A business tells an older applicant they are “too old for the team” even though they meet the job requirements. | A worker under 18 is not allowed to serve alcohol because alcohol laws restrict that task. |
| A staff member is mocked or excluded at work because of their religion or sexual orientation. | A job applicant is rejected because they do not have the required licence, qualification or legal certification for the role. |
Key idea: To work out whether something is discrimination, ask: Was the person treated unfairly because of a protected attribute, or was there another lawful and genuine reason?
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Biz Fact: One complaint can hurt a business’s reputation fast. Discrimination cases can spread online and damage a brand overnight.