Information Privacy Statement
This Information Privacy Statement explains how the Equal Opportunity Commission (EOC) collects, uses, discloses, stores, and manages personal information.
Last updated: 31 July 2026
The work of the EOC includes
investigating discrimination complaints lodged under the Equal Opportunity Act 1984 (EO Act) and endeavouring to resolve complaints through conciliation;
referring unresolved complaints to the State Administrative Tribunal where required under the EO Act;
providing information, training, and community engagement activities to increase awareness of rights and responsibilities under the EO Act and promote the prevention of unlawful discrimination and harassment;
providing information and guidance to government agencies, businesses, community organisations, and members of the public about the operation of the EO Act;
undertaking research, policy development, and law reform activities relevant to equal opportunity and discrimination issues; and
supporting the Commissioner for Equal Opportunity in the performance of their statutory functions under the EO Act.
Definitions
Personal Information
Personal information means information or opinions relating to an individual whose identity is apparent or can reasonably be ascertained from that information or opinion. This includes names, dates of birth, addresses, and pseudonyms.
Sensitive Personal Information
Sensitive personal information is a subset of personal information that requires a higher level of protection. It includes information about a person's racial or ethnic origin, religious beliefs, political opinions, sexual orientation, gender identity, disability, health information, criminal record, trade union membership, biometric information, genetic information, and other categories prescribed by law.
The EOC commonly handles sensitive personal information because many complaints under the EO Act relate to attributes protected by the Act.
Health Information
Health information is sensitive personal information about an individual's physical or mental health, disability, health services provided to the individual, or information collected in connection with the provision of health services.
In the context of the EOC's complaint handling functions, health information may include information relating to a person's disability, medical condition, treatment, workplace adjustments, or the physical or psychological impacts of alleged discrimination, harassment, or victimisation.
Please refer to the Privacy and Responsible Information Sharing Act 2024 for more information about these definitions.
Collection, Use and Disclosure
The EOC collects, uses, and discloses personal information, including sensitive personal information, where reasonably necessary to perform the Commissioner for Equal Opportunity's functions, exercise powers, or comply with obligations under the EO Act and other applicable laws.
Personal information may be collected directly from individuals or from third parties, including respondents to complaints, witnesses, legal representatives, employers, service providers, government agencies and other persons or organisations who may hold information relevant to the matters being considered by the EOC.
The EO Act contains confidentiality provisions that restrict the disclosure of information obtained in the course of performing functions under the Act, subject to circumstances authorised by the Act or otherwise required or permitted by law.
To investigate, assess and conciliate complaints, the EOC may disclose relevant personal information to respondents, witnesses, the State Administrative Tribunal, legal representatives, government agencies, and other persons or organisations involved in, or relevant to, the handling of a complaint.
Information relevant to a complaint that has been accepted by the Commissioner may be provided to the respondent where appropriate, so that the complaint can be properly investigated and addressed in accordance with the EO Act.
We may also use or disclose personal information for a purpose other than the purpose for which it was originally collected where:
the use or disclosure is authorised or required by law;
the use or disclosure is reasonably necessary for the exercise of a statutory function or power;
it is necessary to lessen or prevent a serious threat to a person's life, health, safety, or welfare;
the individual has provided informed consent; or
the use or disclosure is otherwise permitted under applicable privacy legislation.
Storage and Protection
We take reasonable steps to protect personal information from unauthorised access, misuse, disclosure, alteration, or loss.
Personal information is stored and managed in accordance with the WA Government Cyber Security Policy, the State Records Act 2000, and relevant Department of Justice policies and procedures. Access to personal information is restricted to authorised officers who require access for the performance of their duties.
Accessing or Correcting Your Personal Information
Under the Freedom of Information Act 1992, individuals may request access to documents containing their personal information held by the EOC.
Individuals may also request correction of personal information that they believe is inaccurate, incomplete, out of date or misleading.
Requests for access or correction should be made in writing. The EOC will consider such requests in accordance with applicable legislative requirements and administrative processes.
Further information and application is available via the EOC’s Freedom of Information form.
Privacy Complaints
If you are concerned that the EOC has mishandled your personal information, you may contact us to make a privacy complaint.
We will acknowledge your complaint, assess the issues raised and take reasonable steps to investigate and respond within an appropriate timeframe.
Where applicable, we will advise you of any internal review or external complaint mechanisms that may be available.
Privacy Policy
This Information Privacy Statement is supported by the EOC's Privacy Policy, which explains in greater detail how we manage personal information and comply with our privacy obligations.
For privacy enquiries, to request a copy of the Privacy Policy, or to make a privacy complaint, please contact:
Manager, Privacy and Responsible Information Sharing
Department of Justice
Email: PRIS@justice.wa.gov.au
Please see the menu for contact details for the Equal Opportunity Commission.
Collection Notice
The Equal Opportunity Commission (EOC) collects personal information, including sensitive personal information, to perform the functions of the Commissioner for Equal Opportunity under the Equal Opportunity Act 1984 (WA) and other applicable laws. The EOC handles personal information in accordance with the Privacy and Responsible Information Sharing Act 2024 (WA), the Freedom of Information Act 1992 (WA) and other applicable legal obligations.
What information do we collect?
We may collect information such as:
your name and contact details;
information relating to your complaint or enquiry;
information about other persons involved in the matter;
information provided by witnesses, representatives, employers, service providers or government agencies; and
sensitive personal information relevant to the matter, including information about protected attributes, health, disability, or other personal circumstances where necessary.
Why do we collect this information?
We collect personal information to:
receive, assess, investigate and conciliate complaints;
communicate with complainants, respondents and other persons involved in a matter;
exercise statutory powers and perform statutory functions;
provide information and assistance about rights and obligations under the Equal Opportunity Act 1984 (WA);
conduct education, research, policy and law reform activities; and
meet legal, reporting and administrative requirements.
From whom do we collect information?
We will generally collect personal information directly from you. Depending on the circumstances, we may also collect information from respondents, witnesses, legal representatives, employers, service providers, government agencies, and other persons or organisations who hold information relevant to a matter before us.
What happens if you do not provide the information?
You may choose not to provide requested information. However, if sufficient information is not provided, we may be unable to assess, investigate, conciliate or otherwise deal with your complaint or enquiry.
Who may receive your information?
To perform our statutory functions, we may disclose relevant personal information to:
respondents to complaints;
witnesses;
legal representatives;
government agencies;
the State Administrative Tribunal; and
other persons or organisations involved in, or relevant to, the handling of a complaint.
We collect and store information relevant to complaints and enquiries we receive. We may share information relevant to a complaint, including with respondents where necessary, to enable the complaint to be investigated and addressed in accordance with the Equal Opportunity Act 1984 (WA).
We may also collect, use or disclose personal information where authorised or required by law, where you consent, or otherwise as permitted by law.
Research, Reporting and Education
The EOC may use de-identified information for research, education, reporting, policy development, service improvement and law reform purposes. Information used for these purposes will not identify individuals.
You may request access to, or correction of, your personal information in accordance with applicable privacy laws and administrative processes.
Access, Correction and Complaints
You may also have rights of access to documents held by the EOC under the Freedom of Information Act 1992 (WA), subject to any exemptions or limitations under that Act.
If you believe the EOC has mishandled your personal information, you may make a privacy complaint by contacting us.
Further information about how the EOC collects, uses, discloses and protects personal information is available in our Privacy Statement above.
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