Human Rights and Equal Opportunity Commission Annual Report 1997-98

Human Rights and Equal Opportunity Commission Annual Report 1997-98 © 1998 Human Rights and Equal Opportunity Commission. ISSN 1031-5098. This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Human Rights and Equal Opportunity Commission. Requests and enquiries concerning reproduction, rights and content should be addressed to the: Public Affairs Unit, Human Rights and Equal Opportunity Commission, GPO Box 5218, SYDNEY NSW 1042. Contents Statement from the President 3 Significant achievements for 1997-98 5 Chapter 1: The Commission History 6 The Commissioners 6 Legislation 8 Functions and powers 9 Specific functions of Commissioners 10 The Minister 11 Commission structure 11 National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families 15 1997 Human Rights Medal and Awards 16 Chapter 2: Complaint handling and Legal Services Further reform of Commission complaint handling procedures 18 Complaint handling performance 21 Complaint statistics 22 Enquiries 41 Cooperative arrangements 43 Legal Services 44 Chapter 3: Aboriginal and Torres Strait Islander Social Justice Acting Aboriginal and Torres Strait Islander Social Justice Commissioner 51 Aboriginal and Torres Strait Islander Social Justice Commissioner 53 Monitoring and reporting 53 Other monitoring and reporting activities 55 International activities 56 National Aboriginal and Torres Strait Islander Community Education Project 56 National Indigenous Legal Curriculum Development Project 57 Submissions to Government 58 Chapter 4: Disability Discrimination Acting Disability Discrimination Commissioner 58 Disability standards 60 Action plans under the Disability Discrimination Act 61 Promotion of Understanding Acceptance and Compliance 62 Examination of Enactments 63 Guidelines 64 Research and Education Programs 65 Exemptions 66 2 Chapter 5: Human Rights Human Rights Commissioner 66 Public inquiries 68 Promoting the observance and protection of human rights in Australia 71 Promoting non-discrimination 75 Education and Promotion 79 HREOC homepage 79 International activities 80 Chapter 6: Privacy Privacy Commissioner 88 Chapter 7: Race Discrimination Race Discrimination Commissioner 90 Research and policy 93 Education and promotion 95 Legislative reform and assessment 97 Chapter 8: Sex Discrimination Sex Discrimination Commissioner 98 Education and promotion 100 Research and policy 101 Legislative review 103 Appendix 1 International instruments observed under the HREOC Act 104 Appendix 2 Commission publications released during 1997-98 106 Appendix 3 Commissioners’ speeches 107 Appendix 4 Addresses of Commission offices and agents throughout Australia 111 Appendix 5 Freedom of Information 112 Information available on request 114 Appendix 6 Public Affairs 114 Library and Information Service 115 Training and staff development 116 Occupational health and safety 116 Equal employment opportunity 116 Industrial relations 117 Staffing overview 117 3 Statement from the President Professor Alice Tay The promotion and protection of human rights is about finding practical, pragmatic, realistic and lasting solutions to issues of discrimination and abuse I am delighted to present my first statement as President of the Human Rights and Equal Opportunity Commission for this annual report. Much of what has been reported in this volume occurred before I took up my appointment. The last twelve months have been a time of significant change for the organisation as it continues the important task of promoting the observance of human rights in Australia. My first and pleasurable duty in this statement is to acknowledge the extraordinary contribution to this organisation by the former President, Sir Ronald Wilson. Sir Ronald was appointed President of the Commission in February 1990 after his retirement from the High Court. Throughout his term he was a tireless advocate for the human rights of all people and especially those suffering disadvantage including the mentally ill, people with a disability, refugees, women, Indigenous communities and gays and lesbians. During his term Sir Ron shouldered a heavy workload of public hearings, the decline and review functions of the Commission and the Interim Determinations. In such a way the jurisprudence of human rights and anti-discrimination law in Australia has been developed into an integrated body of law and was a continuation of his work on human rights issues in the High Court. His contribution to the Commission, the Australian legal system and the broader community throughout his long and distinguished career cannot be overstated. I commenced my appointment as President of the Human Rights and Equal Opportunity Commission in April 1998. It is with a sense of deep privilege and commitment that I take up this position. The promotion and protection of human rights, in one way or another, has been a fundamental concern for me throughout a greater part of my life. It represents one of my chief areas of study and investigation throughout thirty years as an academic. For me, human rights is not a distant, an abstract, legalistic concept of no practical significance. It is, rather, a vital field of endeavour precisely because it is grounded in the daily lives and experiences of individual men, women and children. The promotion and protection of human rights is about finding practical, pragmatic, realistic and lasting solutions to issues of discrimination and abuse. Since its establishment, this Commission has been actively engaged in helping people find such solutions, whether it be through resolving individual complaints of discrimination or conducting substantial national inquiries. I look forward to stepping outside the contemplative halls of scholarship to face the challenge of applying a lifetime of learning and reflecting, to the working-out of immediate human rights issues. And the challenges are many. Indigenous Australians still lag far behind non-Indigenous Australians in such basic areas as health, education and employment. People continue to suffer unlawful discrimination because of their gender, their ethnicity or because they have a disability. People continue to have their privacy breached. Education remains a key priority for the Commission in highlighting to Australians from all walks of life their human rights and community responsibilities. It will gain new impetus as we seek to support the wide range of our functions with practical educational programs. Education is not about moralising, indoctrination or providing simplistic slogans. It is, rather, about providing individuals, groups, organisations and communities with relevant information and resources that will assist them make informed and sensitive decisions. Through effective education, discrimination and abuse of human rights can be countered and prevented from occurring in the first place; rights and responsibilities can be balanced to achieve a harmonious society and reasonable citizens. Later this year, on 10 December 1998, the world will celebrate the 50th anniversary of the Universal Declaration of Human Rights. Drafted in the aftermath of the horrors of the Second World War, the 4 Declaration stresses the universality and indivisibility of human rights. It highlights our inalienable birthright of freedom and dignity. It emphasises those things that we all share in common, regardless of our gender, race or religion. It was, and remains, a document of healing and hope. Currently in Australia, however, public discussion seems to focus more on those things which divide us rather than those which we share. There remains an urgent need for all Australians to recognise the values of inclusion, equality and fairness. As we celebrate this 50th anniversary, it is imperative that we reach out to others in a spirit of friendship, tolerance and generosity and work cooperatively to resolve differences. For me, these qualities are the essence of being Australian. In the international arena, the Commission continues to play a significant role as Secretariat of the Asia Pacific Forum of National Human Rights Institutions. The Forum is rapidly becoming the premier focus for discussions on human rights issues in our region. Its function is to facilitate consultation and mutual assistance for representatives from the national human rights institutions of Indonesia, India, Sri Lanka, the Philippines, New Zealand and Australia. A highlight of the year was the second annual workshop in New Delhi last September. The Commission is grateful to the federal Government for its continued financial support of this vital regional partnership. The Commission has been greatly served by two Commissioners who completed their terms of office during the last year. The Aboriginal and Torres Strait Islander Social Justice Commissioner, Mr Michael Dodson, completed his five-year term in January 1998. His advocacy for Indigenous Australians was intelligent, passionate and tireless. His body of work included the annual Native Title Report and the annual Social Justice Report, as well as the Bringing Them Home report into the separation of Indigenous children from their families. His distinctive voice repeatedly focused the attention of all Australians on the human rights of Indigenous Australians and the path to reconciliation. The Disability Discrimination Commissioner, Ms Elizabeth Hastings, completed her term of office in December 1997. Her stewardship of

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