The Tribunal affirmed the Commissioner for Equal Opportunity's decision refusing to extend time for the applicant's victimisation complaint, dismissing the application for review. Ongoing or repeated consequences of a single act do not constitute a 'series of acts' under s 93(2)(a) of the Equal Opportunity Act 1984 (SA); the time limit runs from the act itself, not from its continuing detrimental effects. The requirements of s 93(2a) — good reason for delay and just and equitable circumstances — are cumulative, and the applicant bears the onus of establishing both. A preliminary merits assessment by the Commissioner as part of the extension of time decision does not constitute prejudgment or a breach of procedural fairness.
The full text is available to signed-in members.