© Commonwealth of Australia 1994
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ISBN 1031-5098
Human Rights Australia / President'7 October 1994
The Hon Michael Lavarch MP Attorney-General
Parliament House
CANBERRA ACT 2600
Dear Attorney
I have pleasure in presenting the Annual Report of the Human Rights and Equal Opportunity Commission for the period ended 30 June 1994, pursuant to s.45 of the Human Rights and Equal Opportunity Commission Act 1986. The report has been prepared in accordance with the requirements of sub-sections 25(6) and (7) of the Public Service Act 1922.
Yours sincerely
Ronald Wilson President
TABLE OF CONTENTS
List of Tables
List of Figures vi
INTRODUCTION
Introduction 3
Statement from the President 3
The Role of the Commission 5
The Commissioners 6
The Legislation Implemented by the Commission 7
Functions and Powers of the Commission 11
The Minister 13
AN OVERVIEW OF THE COMMISSION
Organisational Structure and Management 17
Corporate Overview for July 1993-June 1994 17
THE YEAR IN REVIEW: Complaint Handling and Legal Interventions
Overview of Complaint Handling 29
Interventions 38
HUMAN RIGHTS
The Human Rights Commissioner 45
Major Projects for 1 993/1 994 48
Complaint Investigation 56
Education and Promotional Activities 60
SEX DISCRIMINATION
The Sex Discrimination Commissioner 69
Major Projects for 1993/1994 71
Complaint Investigation 80
Referrals to Inquiry 85
Education and Promotional Activities 89
DISABILITY DISCRIMINATION
The Disability Discrimination Commissioner 95
Major Projects for 1 993/1 994 98
Complaint Investigation 104
Referrals to Inquiry 109
Education and Promotional Activities 110
ABORIGINAL AND TORRES STRAIT ISLANDER SOCIAL JUSTICE The Aboriginal and Torres Strait Islander Social Justice Commissioner Powers, Functions and ResponsibilitiesMajor Projects for 1993/1994
Education and Promotional Activities / • 119
122
124
129
RACE DISCRIMINATION
The Race Discrimination Commissioner 135
Major Projects for 1 993/1 994 137
Complaint Investigation 140
Referrals to Inquiry 144
Education and Promotional Activities 148
PRIVACY
The Privacy Commissioner 155
Major Projects for 1 993/1 994 156
Compliance Activities 160
Monitoring the Data-Matching Program 161
Complaint Investigation 162
Education and Promotional Activities 164
THE YEAR IN REVIEW: Regional Offices
Queensland 169
Australian Capital Territory 179
Northern Territory 185
Tasmania 188
APPENDICES
Appendix One: Staffing Overview 193
Appendix Two: Financial Statements 196
Appendix Three: List of Publications 215
Appendix Four: Contact Details for Further Information 217
ATTACHMENTS
Attachment One: Information on Specific Statutory Provisions 219
Attachment Two: Financial and Staffing Resources Summary 225
Attachment Three: Additional Information on Specific Statutory Provisions 229
List of Abbreviations 252
Compliance Index 253
Alphabetical Index 255
LIST OF TABLES
Table 1 Complaints received by State/Territory and Act 30
Table 2 All complaints closed 1 July 1993 to 30 June 1994 31
Table 3 Outcome of complaints closed or referred for hearing under
Commonwealth legislation by Act 1 July 1993 to 30 June 1994 . 31
Table 4 Outcome of complaints closed under Commonwealth legislation by geographical location 33
Table 5 Written, personal and telephone inquiries received by Central and regional Commission offices 1 July 1993 to 30 June 1994 33
Table 5a Breakdown of matters received in writing by Commission offices and not covered by the legislation 1 July 1993 to 30 June 1994 34
Table 6 Complaints lodged under the HREOC Act 1 July 1993 to 30 June 1994 57
Table 7 Grounds of complaint under ILO 111 1 July 1993 to 30 June 1994 . 58
Table 8 Outcome of complaints closed under the HREOC Act 1 July 1993 to
30 June 1994 59
Table 9 Complaints lodged under the SDA by ground of complaint 1 July 1993 to 30 June 1994 80
Table 10 Complaints lodged under the SDA by area of complaint 1 July 1993 to
30 June 1994 81
Table 11 Complaints lodged under the SDA by category of complainant and respondent 1 July 1993 to 30 June 1994 81
Table 12 Outcome of complaints closed or referred for hearing under the SDA
1 July 1993 to 30 June 1994 82
Table 13 SDA matters determined or referred to inquiry
1 July 1993 to 30 June 1994 85
Table 14 Complaints lodged under the DDA by type of disability 1 July 1993 to
30 June 1994 104
Table 15 Complaints lodged under the DDA by area of complaint 1 July 1993 to
30 June 1994 105
Table 16 Complaints lodged under the DDA by category of complainant and respondent 1 July 1993 to 30 June 1994 105
Table 17 Outcome of complaints closed or referred for hearing under the DDA
1 July 1993 to 30 June 1994 106
Table 18 DDA matters determined or referred to inquiry
1 July 1993 to 30 June 1994 109
Table 19 Complaints lodged under the RDA by grounds of complaint and location
1 July 1993 to 30 June 1994 141
Table 20 Complaints lodged under the RDA by ethnicity of complainant
1 July 1993 to 30 June 1994 141
Table 21 Complaints lodged under the RDA by category of complainant and respondent 1 July 1993 to 30 June 1994 142
Table 22 Outcome of complaints closed or referred for hearing under the RDA
1 July 1993 to 30 June 1994 142
Table 23 RDA matters determined or referred to inquiry
1 July 1993 to 30 June 1994 144
Table 24 Outcome of complaints closed under the Privacy Act
1 July 1993 to 30 June 1994 163
Table 25 Complaints lodged under the Queensland Anti-discrimination Act by area and ground of complaint 1 July 1993 to 30 June 1994 172
Table 26 Complaints lodged under the Queensland Anti-discrimination Act by category of complainant and respondent 1 July 1993 to 30 June 1994 . 173
Table 27 Outcome of complaints closed or referred for hearing under the
Queensland Anti-discrimination Act 1 July 1993 to 30 June 1994 . . 173
Table 28 Complaints lodged under the ACT Discrimination Act by area and ground of complaint 1 July 1993 to 30 June 1994 181
Table 29 Complaints lodged under the ACT Discrimination Act by category of complainant and respondent 1 July 1993 to 30 June 1994 181
Table 30 Outcome of complaints closed under the ACT Discrimination Act 1 July 1993 to 30 June 1994 182
Table 31 Commission's staffing profile within classification levels 194
Table 32 Financial and staffing resource summary (all programs) 227
Table 33 Representation of EEO groups within classification levels 233
Table 34 Participation of EEO groups, by office, in training expressed in terms of person days of training 238
Table 35 Summary table of major purposes, number and cost of consultants . 245
Table 36 Vehicles leased by the Commission 1993/1994 250
LIST OF FIGURES
Figure 1 Management structure of the Commission as at June 1994 18
Figure 2 Percentage of complaints lodged under each Act 30
INTRODUCTION
INTRODUCTION
The 1993/1994 Annual Report of the Human Rights and Equal Opportunity Commission provides an overview of the work of the organisation during the period July 1993 to June 1994.
In the initial section of the report the legislative base, role and functions of the Commission are described. Organisational achievements for the period under review are also highlighted. The report goes on to describe the work of each of the Commissioners and their research and policy units. The report provides an overview of complaint handling, legal interventions and the work of regional and State/Territory offices. Information is also provided on a range of financial, staffing and administrative matters.
The report has been prepared in compliance with the requirements for Annual
Reports as outlined by the Department of Prime Minister and Cabinet (March 1994).
To assist the reader, a list of abbreviations is provided on page 252.
For further information about the work of the Commission, the reader can consult the 1993-1995 Corporate Plan. For an overview of the history of the Commission, reference can be made to the 1989-1990 Annual Report (pp 11-14). For additional information on the work of the Privacy Commissioner, the reader can consult the Sixth Annual Report on the Operation of the Privacy Act. For additional information on the work of the Aboriginal and Torres Strait Islander Social Justice Commissioner, the reader can consult his First Report 1993. All these publications are available in the Commission library, which is open to members of the public by appointment.
A complete list of Commission publications for 1993/1994 appears in Appendix 3.
For information about obtaining additional copies of the 1993/1994 Annual Report, or for more information about the work of the Commission, please refer to the contact details in Appendix Four. Copies of this report are also available in alternative formats, including audio tape, computer disc, braille and large print.
STATEMENT FROM THE PRESIDENT
Sir Ronald Wilson AC, KBE, CMG, QC, a former justice of the High Court of Australia, is the current President of the Human Rights and Equal Opportunity Commission.
I first mention two events of particular importance that occurred this year and then, as is fitting in my final annual statement, reflect on some issues of significance for the Commission as a human rights institution.
Enactment of the Native Title Act 1993 by the Commonwealth Parliament is a milestone in the advance of human rights in Australia. We cannot hope to claim that as a nation we are sustaining the basic rights of Australians until we have redressed the injustice of the dispossession of our indigenous peoples. The important role of reporting on the operation of the Native Title Act will be a major contribution by the Commission to the fuller expression of the law declared by the High Court in Mabo v Queensland.
In November 1993 the Commission hosted a consultative forum attended by representatives of more than 80 non-government human rights organisations. This was a day that I had keenly anticipated because, although I have long been involved with non-government organisations in various contexts, recent events have brought home to me the importance of their contribution and the need for a close and cooperative relationship with them. The World Conference on Human Rights, held at Vienna in June 1993, officially recognised the role of non-government organisations in the promotion of human rights and humanitarian activities at regional, national and international levels. Our forum in November 1993 drew together a range of groups, most of which had a history of contact with particular program areas of the Commission. All Commissioners and some key staff attended the forum. I hope it marks the strengthening relationship between the Commission as a whole and the grass-roots human rights movement.
As I mentioned at the outset, this is my last contribution as President to a Commission annual report. My term expires in February 1995.
The Human Rights and Equal Opportunity Commission is now at a crucial stage of its development. Having grown in size and complexity as new functions and responsibilities have been conferred upon it by the Parliament, the Commission is now challenged more than ever to express the common purpose of its diverse elements. This inevitably throws a heavy burden on management and staff, who must cope with all the responsibilities of efficiently managing a public sector organisation whilst also ensuring that our effectiveness in advancing human rights is maintained and enhanced. The first stage of the review of the Commission, announced by the Attorney-General in August 1993, is nearing completion. It will highlight the fact that the Commission and senior management structure established in 1987, when there were four Commission members and 41 staff, is not appropriate in 1994 when we have seven Commission members and 190 staff. I hope that the review will enable this issue to be addressed. Over the last five years I have had the good fortune to work in the Commission with people of exceptional calibre. We have found ourselves at the cutting edge of many complex social issues that admit no easy solutions. To make progress in promoting and protecting human rights requires not only skill but personal dedication, a quality that my colleagues the Commissioners
and their staff display in full measure. I sincerely thank them all for their work and friendship.
The six Commissioners and the President are in many ways the public faces of the Commission. We come from a variety of backgrounds but would not claim that, in so small a membership, we reflect the full diversity of Australian society. Indeed, rather than represent particular groups, the program structure of the Commission reveals
some major themes which are the concern of the entire Australian community. It is the concern of the whole community that Australia meets its international obligations to uphold human rights; that other nations be encouraged to establish national, independent institutions committed to the promotion and protection of human rights; that we remove unfair discrimination on the grounds of race, sex and disability; that Aboriginal and Torres Strait Islander peoples be accorded social justice; and that rights to privacy of personal information be respected. In pursuing each of these objectives the fact that our work in one area overlaps that in all the others points to a deep conceptual unity. The task for the Commission now is to take strength from the unity underlying the diversity of its achievements and programs. It must direct its energies purposefully to the attainment of common ends, social justice ends that underlie all the different functions conferred upon the Commission and Commissioners. It was not for nothing that the Vienna World Conference reaffirmed that human rights are universal, indivisible and interdependent.
The goal for Australia as a nation is to achieve a just and peaceful community where all people can live in harmony and with respect for one another's human dignity and for their rights and responsibilities. I wish the members of the Commission and their dedicated staff every success in contributing to this great cause.