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Anti-Discrimination Commissioner Annual Report 2014-15

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Anti-Discrimination Commissioner Annual Report 2014-15 Anti-Discrimination Commissioner Annual Report 2014 –15 CELEBRATING DIFFERENCE EMBRACING EQUALITY 30 September 2015 The Honourable Vanessa Goodwin, MP Attorney-General Minister for Justice Parliament House, Hobart Dear Attorney General As required by section 10 of the Anti-Discrimination Act 1998 (Tas), it is my pleasure to present the 16th Annual Report of the Anti-Discrimination Commissioner. This report covers my activities and those of my office from 1 July 2014 to 30 June 2015. It also provides a summary report of matters dealt with by the Anti-Discrimination Tribunal. I commend the report to you. Robin Banks Anti-Discrimination Commissioner This Annual Report outlines the activities of the Anti-Discrimination Commissioner and the Office of the Anti-Discrimination Commissioner (OADC) in 2014–15. It provides a summary report on matters dealt with by the Anti-Discrimination Tribunal. It is also available on the OADC website: www.antidiscrimination.tas.gov.au © This publication is copyright. No part may be reproduced by any process without written permission from the Anti-Discrimination Commissioner, Tasmania. Publication ISSN: 1832-9772 *Please note, all case studies in this report set out what was alleged by the person making the report or complaint. Contents 1 Highlights 3 Commissioner’s overview 4 Aims, principles, purpose and values 5 Changes to the Anti-Discrimination Tribunal 6 Review of the Commissioner’s office structure and processes 9 Policy work 18 Report it! 24 Information, awareness and promotion 32 Enquiries 33 Community engagement 40 Investigating and seeking to resolve complaints of discrimination and prohibited conduct 58 Exemption applications 63 Staffing 66 Financial situation and statements 67 Appendix A: Complaint data for 2014–15 77 Appendix B: Decisions and orders available to the Commissioner and the Tribunal 79 Appendix C: Anti-Discrimination Tribunal 80 Contact Anti-Discrimination Commissioner, Tasmania: Annual Report 2014–15 1 Highlights • The release of the report, Treatment of historic • Continuing strong performance in the area of complaint criminal records for consensual homosexual sexual management and resolution, with complaints managed activity and related conduct. The report provided in a more timely way with strong rates of resolution. a number of recommendations for the State Government to consider and has been welcomed by • The Attorney-General’s announcement of changes the Attorney-General, the Hon Vanessa Goodwin. to the Anti-Discrimination Tribunal and working with the key participants to assist in ensuring as smooth a • Growing support and engagement by Tasmanian transition as possible. Government agencies, service providers and local government in the national anti-racism strategy, • Partnership with A Fairer World to deliver the Let’s Get Racism. It stops with me, with two major events to Together diversity education program for schools. witness and celebrate signing onto the campaign and pledge. • Continuing strong contribution to national and state inquiries relating to discrimination, equal opportunity • Securing commitment from the Department of and human rights, particularly in relation to people Justice to developing a Disability Justice Strategy for with disability, with submissions to the review of Tasmania to identify and address barriers experienced the Disability (Access to Premises – Buildings) by people with disability participating in the justice Standards 2010 (Cth) and to the Senate Inquiry into system in this State. My office will lead this work in violence, abuse and neglect of people with disability in the coming year. institutional settings. • Significant progress in updating all our brochures and • Abolition by the State Government of compulsory other information materials into a new format that will medical assessments for drivers aged 75 years and ensure they are much more accessible and readable. over. • Increased delivery of community education to schools, • Involvement in the development of improvements to with this increase likely to continue in 2015–16. policing and emergency services in diversity including race and multiculturalism, and sexual orientation, • Appointment to and participation in the Ministerial gender identity and intersex through participation in Taskforce on Improved Support for Students Living ongoing working groups. with a Disability to advise Education Minister, the Hon Jeremy Rockliff. This built on previous work done with the Department of Education’s Inclusion Working Group – Disability Focus in 2013–14. • Implementation of changes to our office processes and structure, particularly in the area of complaint management, following the independent review completed in July 2014. Anti-Discrimination Commissioner, Tasmania: Annual Report 2014–15 2 The next year and a half will be busy, with plenty of challenges and lots of hard work. But more importantly, it will present new as well as continuing opportunities for me to work with my fantastic team of staff, with the Attorney-General and others in Government, and with the community to progress the achievement of equality of opportunity for all in Tasmania. Section 3 Commissioner’s overview I welcome the opportunity to present this 2014–15 annual For many people, the idea of participating in a process report on the operation of the Anti-Discrimination Act 1998 of resolving complaints by conciliation is completely (Tas), with a particular focus on the work of my office. alien and the important and time-consuming work done in assisting parties to prepare for conciliation meetings It has been a year of implementing and bedding down cannot be understated. All of my staff have embraced important changes to the office structure and processes. new approaches to this work enthusiastically and it has These changes and further changes proposed for borne fruit with very positive feedback from participants implementation in 2015–16 are all being made with a about how they were made to feel comfortable and view to improving the way we work with the Tasmanian supported in the process of finding solutions to the community to ensure the intent of discrimination law is complaint in which they were involved in. achieved to the highest level possible. I continued to be an active participant in the Australian We have also had our first full reporting period in Council of Human Rights Authorities and, in the second relation to the new protections provided under the Act half of the reporting period, took over the role of Chair. covering discrimination on two newly identified grounds: In this role, I look forward to convening our next face- gender identity and intersex and offensive, humiliating, to-face meeting in Hobart in November 2015 and see it intimidating, insulting and ridiculing conduct of an as an opportunity to continue important discussions on additional seven attributes: race, age, disability, sexual where discrimination and equal opportunity law could orientation, lawful sexual activity, gender identity and and should be developing in the future. intersex. We have seen the impact of these changes in relation to the latter protections, with the level of This report comes at the end of my 5-year term as complaints alleging offensive conduct more than Commissioner and I was delighted to be advised that doubling since the new protection came into effect. in July 2015 I would be re-appointed for a further 18 months. This means the next year and a half will be It has been a strong year for conciliation of complaints, busy, with plenty of challenges and lots of hard work. with much greater emphasis on giving the parties But more importantly, it will present new as well as an opportunity early in the process to meet and continuing opportunities for me to work with my fantastic try to find mutually agreeable ways to resolve the team of staff, with the Attorney-General and others complaint. Outcomes achieved in 2014–15 by parties in Government, and with the community to progress through conciliation ranged from agreements to make the achievement of equality of opportunity for all in modifications to buildings or facilities in 13 cases; to Tasmania. give an apology or acknowledgement in 35 cases; to pay compensation in 31 cases (amounting to over $1.1 million); to reinstate employment benefits such as accrued leave in six cases; to review and amend policies and procedures in 19 cases; and to ensure training in discrimination and related matters for people within the respondent organisation in 19 cases. Our capacity to work effectively in the area of conciliation was enhanced by staff receiving training in Robin Banks Statutory Conciliation by the Australian Human Rights Anti-Discrimination Commissioner Commission. For some this was a refresher, for others it was their first opportunity to access such training. It will be further enhanced with the delivery of training in other approaches such as narrative mediation early in 2015–16. Anti-Discrimination Commissioner, Tasmania: Annual Report 2014–15 4 Aims, principles, purpose and values Purpose of the Anti-Discrimination Aims and Principles Commissioner and her office The Anti-Discrimination Commissioner and her staff The Anti-Discrimination Commissioner and her staff envisage a Tasmanian community that recognises all seek to work closely with the Tasmanian community in people are entitled to respect, dignity and appreciation fostering a society free of discrimination, prejudice, bias for their contributions and in which all are recognised for and prohibited
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