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Anti-Discrimination Commission Anti-Discrimination Commission Fifth Annual Report – 2003-2004 All enquiries in relation to this report should be directed to: The Anti-Discrimination Commission GPO Box 197 Hobart - Tasmania 7001 Telephone: (03) 6224 4905 1300 305062 TTY: (03) 6223 6234 Facsimile: (03) 6233 5333 International Phone: +61 3 6224 4905 International Fax: +61 3 6233 5333 Email: [email protected] Website: www.justice.tas.gov.au/adc/adcfrontpage.htm ANNUAL REPORT 2003-2004 Hon. Judy Jackson MHA Attorney General Parliament House Hobart Pursuant to section 10 of the Anti- Discrimination Act 1998 (Tasmania), it is my pleasure to present our fifth Annual Report. This report covers the activities of the Commission from 1 July 2003 to 30 June CONTENTS 2004. Commissioner’s Forward 3 I commend the report to you The Commission 18 Claims Handling 19 Freedom of Information 23 Exemptions 24 Jocelynne A. Scutt (Dr) Training 25 Commissioner Community Education 26 Commissioner’s Speaking Engagements 26 Organisation Chart 28 Financial Statement 29 Claims Process Flow Chart 30 Acknowledgements 31 2 Anti-Discrimination Commission Tasmania ANNUAL REPORT 2003-2004 OUR VISION The Anti-Discrimination Commission co-operates with all Tasmanians in working towards a world where discrimination, prejudice, bias and prohibited conduct are indicators of a history that is no longer with us. The Anti-Discrimination Commission envisions a Tasmanian Community which recognises that all people are entitled to respect, dignity and appreciation for their contributions and themselves and where all are honoured for their diverse abilities and strengths. The Anti-Discrimination Commission’s work and practice is founded in principles of fairness, acceptance, recognition, co-operation and service to the community, recognising that discrimination is an expression of illegitimate power and the Anti-Discrimination Act 1998 recognises that this is abusive of individuals and the community as a whole. Within the Commission all staff will provide leadership in the application of these principles. OUR VALUES equity as equal treatment ensuring equally fair and just outcomes encouraging diversity and participation at all levels ensuring at results are consistent with the beneficial principles embedded in the Anti- Discrimination Act. high standards of probity, integrity and conduct a strong commitment to accountability maximising the potential of individual employees, and ensuring a high quality of service. encouraging and supporting staff development and multi-skilling OUR OBJECTIVES To provide individuals and groups with the opportunity to resolve grievances through an independent body and to assist in the solution of workplace, institutional and organisational structures, issues and interactions which have a negative impact on productivity and the general wellbeing. To promote the development of processes and services which are more transparent and based on fairness. To promote the Act in a positive way for all people, whatever their background, education, training or geographical location. To foster an inclusive society that acknowledges and respects our multi- cultural heritage, values diversity and treats everyone with proper appreciation and respect. To support and encourage a diverse/compassionate and socially just society that provides for the rights of all Tasmanians, including people from minority, disadvantaged and stigmatised groups. COMMISSIONER’S FORWARD Dr Jocelynne A Scutt 3 Anti-Discrimination Commission Tasmania ANNUAL REPORT 2003-2004 The law is that which puts a difference betwixt good and evil, betwixt just and unjust. If you take away the law, all things will fall into a confusion. John Pym, 1641 Introduction In October 2004, my five year term as Tasmania’s First Anti-Discrimination Commissioner concludes. From October 1999, when I took up my appointment as Anti-Discrimination Commissioner, the Anti- Discrimination Commission and the Anti-Discrimination Commissioner have operated without fear or favour. This principle has been our touchstone. Five years have seen the solid establishment of the Anti-Discrimination Commission as the administration of the Anti-Discrimination Commissioner, providing a substantial and high level of services to the Tasmania community, as well as in contacts nationally and internationally. Establishing the Commission meant starting from nothing, to create a cohesive and committed team enabling the Commission to be enormously productive in assessing, investigating and conciliating claims, providing a comprehensive and ongoing program of community education and liaison along with a sustained and ever-expanding training program, providing policy advice, assessing exemption applications and requests for advice, an optimal enquiries and information service, and laying firm, strong and sturdy foundations for the continued operation and implementation of the Anti-Discrimination Act. The high- level output has been sustained, and huge. The State of Tasmania has been well-served by an effective and committed team working with few resources to ensure that Tasmania has the full benefit of the highest standards of integrity in decision-making and operation, based in the belief that Tasmania is entitled to a fair, just and even-handed system unbeholden to power-groupings, interpersonal relationships and nepotism, and uninfluenced by the notion that the powerful, and those who believe themselves to be important, are entitled to consider themselves above the law and having a right to demand that this notion be applied by decision-makers. These notions have had no currency in the Anti-Discrimination Commission. This has had consequences. Of the many considerable achievements, a not insignificant number of which have gained recognition internationally and nationally, space constraints mean that only a few can be listed. Future assessments of the work of the Commission will attest to Tasmania’s five years of outstanding and longstanding achievements in human rights, a tribute to the community’s work over many, many years, in lobbying for the legislation and encountering and dealing with obstacles along the way, the Government’s putting the Anti-Discrimination Bill forward, and the Parliament’s passing the Act with collective agreement. It is a tribute also to the Commission and the Commissioner. It is regrettable that no appreciation of good work well done has ever been received by me or the Commission from those who ought properly to acknowledge the high level of achievement attained. In this absence, in July 2003, the Commission hosted a large celebratory dinner at Parliament House as a ‘thank you’ to all involved in ensuring that the Act became law, and as a tribute to the Commission’s work. Great achievements do not come by the actions of one or a few persons acting alone. The Commission’s achievements come through the courage of claimants who, despite their apprehension at facing up to powerful people whom they experience as having harmed them, make claims. Achievements come, too, because of the readiness, ultimately, of respondents to acknowledge that wrongs do happen, and that there are better ways of addressing them than denial, bullying and abuse, or tactics that would raise serious questions of integrity on the part of those engaging in them, were good governance and due diligence to be endorsed as principles that should apply to the justice system. 4 Anti-Discrimination Commission Tasmania ANNUAL REPORT 2003-2004 Great achievements come, too, through the commitment, intelligence, learning and sustained work of staff who take their responsibilities seriously and have the courage and diligence to see them through. I have been fortunate over five years to work together with a team which believes that the Anti- Discrimination Act was intended to have meaning and application, and have worked in accordance with this principle. All Tasmanians who believe as they do, have reason to thank them for the scope and effectiveness of the Act thus far. Review of the Act Less than two years after operation of the Act commenced, a review of the Anti-Discrimination Act was proposed. Following a review of administration conducted by the State Service Commissioner, the review of the Anti-Discrimination Act was to run from May 2004 to October 2004. The review has not commenced, the explanation being that there are no funds available. No funding proposal was put forward by the Department of Justice to Treasury in the relevant period although, as noted, the review of the Act had been proposed for some time, with all indications of urgency, at least until earlier this year. From the perspective of those seeking an outcome promoting the optimal configuration and operation of the Act, it is a pity that the review will now take place in the absence of the First Anti-Discrimination Commissioner. The Act properly gains commendation for its scope and approach. Some procedural and substantive aspects of the Act nonetheless require clarification. Generally, Tribunal decisions have been of great assistance to the Commission, as with Sex Discrimination Tribunal and Supreme Court decisions under the Sex Discrimination Act 1994 (the precursor to the Anti-Discrimination Act). Any body which operates a decision-making power under ‘rights’ legislation (indeed, any legislation at all) must properly be subject to review. Any body operating without a review of its decisions will not provide the people (nor, ultimately, government) with good decision-making.
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