This occurs where a person is treated less favourably in public life because of who their spouse is. An example would be where a trader refuses to serve a man in a shop because his wife is a politician whom the trader dislikes.

Legislation:

In South Australia it is unlawful to treat a person less favourably because of who their spouse or partner is [Part 5B of the Equal Opportunity Act 1984 (SA)]. This applies in:

Exemptions

Less favourable treatment is not unlawful if, because of who the person’s spouse or partner is, there would be an unreasonable risk to confidentiality, a conflict of interest, a risk to health or safety, or the person’s appointment would be nepotism.

Making a complaint

Complaints can be made to the Equal Opportunity Commission of South Australia. There is no cost to lodge a complaint in the Equal Opportunity Commission. For forms and guides on making a complaint see the website for the Equal Opportunity Commission.

For complaints relating to discrimination in employment, claims can may made to the Fair Work Commission, see the Employment chapter of the handbook on protected workplace rights: General Protections.