The State Administrative Tribunal has the power to grant an ‘Interim Order’ under the Act. This Order can be made by the Tribunal to ensure that a complainant’s situation or rights, or a respondent’s situation or rights, are not affected adversely by the other party whilst the Equal Opportunity Commission is investigation a complaint lodged with the Commission.

Why can the Tribunal grant Interim Orders?

The Act recognises that detailed investigation of a complaint may take time and the complainant’s situation, status or rights, or the respondent’s situation, status or rights might need to be protected during this investigation. For example, an eviction order against a complainant in relation to a tenancy matter might need to be stopped whilst a complaint is being investigated; or a threatened termination of employment might need to be stopped whilst investigation is being carried out. In such circumstances, an Interim Order can be made by the State Administrative Tribunal ordering the respondent not to evict the tenant or not to terminate the employee until investigation of the complaint has been carried out and a determination of the matter is made.

How to Apply for an Interim Order

An Application for an Interim Order can be made either by the complainant or the respondent:

• writing to the Commissioner for Equal Opportunity requesting that the Commissioner lodge an Application for Interim Orders; or
  
• filing an Application for Interim Orders directly with Executive officer, State Administrative Tribunal, Level 4, 12 St George’s Terrace, PERTH WA 6000 or GPO Box v1991, PERTH WA 6845.
  
• Completing an application form online at the State Administrative Tribunal and submitting it to:

  Executive Officer
  State Administrative Tribunal
  Level 4, 12 St George’s Terrace
  PERTH WA 6000

  Or

  GPO Box V1991
  PERTH WA 6845.