There are a number of different people involved in a SACAT hearing. In equal opportunity complaints, while the Commissioner makes the initiating application, you are still considered the applicant.

Tribunal Member

The Tribunal Member is the person who will hear and decide your case.  They will hear the evidence you provide and make a decision according to the law.

Learn more about our Tribunal Members

Applicant

The applicant is the person who makes the application to SACAT. In equal opportunity applications, the Commissioner will make the application on behalf of the person who made the complaint.

Once the application has been made, the person who made the complaint will become the applicant. They may also be referred to as the complainant.

The applicant usually speaks first at a hearing to provide their evidence and say what they think is the right decision. They have to prove the allegations against the person they are bringing an applicant against. This is known as the 'onus of proof'. The allegations must be proved by the applicant on the balance of probabilities.

Respondent

The respondent is the person responding to the application made to SACAT. In equal opportunity matters, the respondent is the person who the complaint is about.

The respondent will respond after the applicant provides their views and equally tries to persuade SACAT that they did not harass, victimise or discriminate against the applicant.

Interested party

An interested party is an individual or organisation who has a legal interest in the matter. An individual or organisation must be joined to a SACAT matter to be an interested party and be involved in the matter.

They may or may not participate in the hearing.

In equal opportunity matters, a common interested party is the Commissioner for Equal Opportunity.

Legal representation

There are a number of legal organisations and support services that may be able to help you with your matter.

If you want a lawyer to represent you, there are additional things you need to consider.

At the request of the complainant or the respondent, the Commissioner may provide representation for either party in proceedings before SACAT.  The Commissioner's website (external site) also provides information on legal services that may be able to assist you.

You may also be represented by an officer or employee of a registered industrial association in equal opportunity proceedings.