A short history
The Equal Opportunity Act, 1984 (WA) came into effect on 8 July 1985. It was supported in Parliament by all parties and community organisations, after ten years of campaigning by women’s groups.
Earlier attempts had been made. As a member of Women’s Electoral Lobby in the early 1970s, Yvonne Henderson had worked with a group of women to develop early drafts of the Bill. In the previous decades, two Private Member’s Bills were also introduced. These had not received bi-partisan support at the time.
When the Equal Opportunity Bill was introduced into Parliament by the newly elected Labor Premier Brian Burke, on 16 September 1984, he took the unusual step of delegating the passage of the Bill through the Legislative Assembly to the back bench Member for Gosnells, Yvonne Henderson.
The Equal Opportunity Act 1984 implements, at a State level, Australia’s commitments to international human rights instruments. It contained two objects - to promote equality of opportunity in Western Australia and to provide remedies in respect of discrimination on the grounds of sex, pregnancy, race, religious or political conviction, or involving sexual harassment. As community concerns changed, the initial grounds of the Act have been expanded to include impairment (1988), family responsibilities, family status, age (1992), racial harassment (1992) gender reassignment (2000) and sexual orientation (2002). The EOC also conciliates complaints on the grounds of spent convictions (1988).
The ground of 'breastfeeding or bottle feeding' was added in 2010, and another 'publication of details on the Fines Enforcement Registrar's website, in 2012.
The Equal Opportunity Commissioner conducts community education and information programs to promote equal opportunity, as well as conciliating complaints of discrimination under the grounds and in the areas of public life set out in the Act.
The State Administrative Tribunal (until 2005, the Equal Opportunity Tribunal) is responsible for determining cases of discrimination which are not settled by conciliation.
The Office for Equal Employment Opportunity oversees the implementation of equal employment opportunity, in all State government authorities, including local government and tertiary institutions.
Commissioners for Equal Opportunity
The first Commissioner, June Williams, served until her retirement in 2002. Moira Rayner was appointed Acting Commissioner in 2002 and Yvonne Henderson, was appointed Commissioner in 2003. Allanah Lucas was appointed Acting Commissioner in 2013 and her permanent appointment confirmed in 2014. Ms Lucas has been seconded to the Public Sector Commission in 2016, and Dr John Byrne has been appointed Acting Commissioner in her absence.
The Equal Opportunity Commission - 30 years on
In the 30 years of its operation the Equal Opportunity Commission has handled more than 141,000 enquiries from the public and investigated 14,400 complaints of alleged discrimination. It has conducted extensive community education and training in the public and private sectors and community organisations. It has also conducted investigations into discrimination in Aboriginal housing and is currently undertaking a substantive equality program to eliminate systemic discrimination in the provision of services in West Australian government departments.
Western Australians are also entitled to seek remedy for discrimination under Commonwealth legislation, namely the Racial Discrimination Act 1975, Sex Discrimination Act 1984, Human Rights and Equal Opportunity Commission Act 1986, Disability Discrimination Act 1992 and the Age Discrimination Act 2004.
Brown, M. Edith Dirksey Cowan (1861-1932). Australian Dictionary of Biography, Volume 8 (MUP), 1981. URL: http://adb.anu.edu.au/biography/cowan-edith-dircksey-5791
Cowan, Mrs (1923), West Australian Parliamentary Debates, Hansard, Vol, 68, p 592.
Henderson, Yvonne, West Australian Parliamentary Debates, Hansard – 2nd reading Equal Opportunity Bill 1984, 20 September, 1984, p 1546.
Ronalds, C and Pepper, R, (2004) Discrimination law and practice, Federation Press, Leichhardt, NSW.
Tikka, (2009), Edith Cowan, MLA Western Australia 1921-24. Australian Women's History Forum. URL: http://womenshistory.net.au/?s=Henderson&submit=Search. Accessed 20 April 2015.
State Law Publisher, Statutes in Force, www.slp.wa.gov.au
Western Australian Statutes, 1923 p 61