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Annual Report 1981-82

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Annual Report 1981-82 HUMAN RIGHTS COMMISSION HUMAN RIGHTS COMMISSION Annual Report 1981-82 VOLUME 1 Report for the period 10 December 1981 - 30 June 1982 Australian Government Publishing Service Canberra 1982 Commonwealth of Australia 1982 ISSN 0810-2252 This Annual Report of the Human Rights Commission consists of two volumes. Volume 1 is the Report of the Human Rights Commission for the period from the Proclamation of the Human Rights Commission Act 1981 on 10 December 1981 to 30 June 1982 and includes the Report from the Commissioner for Community Relations for that period. As indicated in the Preface Volume 2 contains a report from the Commissioner for Community Relations for the period from 1 July to 9 December 1981. Printed by K.B. Printing Services Pty. Ltd., Edwardstown, South Australia Human Rights Commission 7th Floor A.M.P. Building Hobart Place Canberra City The Hon. N.A. Brown, Q.C., M.P. Acting Attorney-General Parliament House Canberra, A.C.T. 2600 Dear Minister, I have pleasure in enclosing with this letter the Report of the Commission on its operations from its establishment on 10th December 1981 to 30th June 1982. Pursuant to subsection 29(1) of the Human Rights Commission Act 1981, the Report covers the operations of the Commission under both of the Act and the Racial Discrimination Act 1975. Volume 2 of the attached Report covers the operations of the Commissioner for Community Relations under the Racial Discrimination Act for the period 1st July to 9th December 1981, and is presented in compliance with subsection 29(2) of the Human Rights Commission Act. Yours sincerely, Chairman for and on behalf of the Human Rights Commission CONTENTS Functions of the Commission Preface Chapter Page PART A: GENESIS 1 1 The Establishment of the Human Rights Commission 1 What are Human Rights? 1 The International and Local Setting 3 Legislative History 4 The Commissioners 5 Commissioner for Community Relations 7 2 What the Commission Does 9 Persuasion, Conciliation and Reform 9 Reviewing Commonwealth Laws 10 Recommending New Human Rights Laws 10 Complaints 10 Promoting Awareness of Human Rights 11 Working with the States 12 3 The Question of Resources 14 Resources and Options 14 From Bureau to Commission 14 Finding Staff and Accommodation 15 PART B: ON THE JOB-THE FIRST SEVEN MONTHS 17 4 Handling Complaints 17 How the Commission Handles Complaints 17 General Human Rights Complaints: Procedures 17 Racial Discrimination Complaints: Procedures 18 Statistics and Case Studies 19 General Human Rights Complaints: Statistics 19 General Human Rights Complaints: Case Studies 19 Public Service Complainants 21 Racial Discrimination Complaints: Statistics 21 Racial Discrimination Complaints: Case Studies 22 5 Examining Legislation 26 Review of Proposed A.C.T. Mental Health Ordinance 26 Review of Commonwealth Crimes Legislation 27 Child Destruction Law for the A.C.T.? 27 6 Outreach: Promoting an Awareness of Human Rights 30 Public Contact 30 Beyond Discrimination: Whole Town Projects 30 Information 32 Human Rights — the Commission Newsletter 32 Pamphlet 32 Education 32 The Work of the Human Rights Commission Resource Centre 32 Public Inquiry into Freedom of Expression in Australia 33 Racist Propaganda 34 Special Measures—Community Attitudes 36 7 Co-operating with Others 37 Consulting with Non-government Organisations 37 Relations with other Human Rights Agencies 38 8 Action-oriented Research 40 A Pragmatic Approach to Projects 40 Epilepsy and the Rights of Disabled People 41 Other Tasks Begun 42 9 Looking Ahead 45 PART C: REPORT FROM THE COMMISSIONER FOR COMMUNITY RELATIONS: 10 DECEMBER 1981 -30 JUNE 1982 47 10 Report 47 ORGANISATION CHART 52 APPENDIXES 1 Schedule of Activities by Commissioners on behalf of the Commission 53 2 Statement of Expenditure, 1981-82 56 3 Breakdown of General Human Rights Complaints Handled by Human Rights Commission: 10 December 1981 - 30 June 1982 57 4 Breakdown of Racial Discrimination Complaints Handled by Human Rights Commission: 10 December 1981 - 30 June 1982 58 5 Attendance at Human Rights Commission's Consultation with National Non- government Organisations 60 6 Public Activities in Community Relations undertaken by the Commissioner for Community Relations 63 vii THE FUNCTIONS OF THE COMMISSION Section 9 of the Human Rights Commission Act 1981 reads: 9.(1) The functions of the Commission are: (a) to examine enactments, and (when requested to do so by the Minister) proposed enactments, for the purpose of ascertaining whether the enactments or proposed enactments are, or would be, inconsistent with or contrary to any human rights, and to report to the Minister the results of any such examination; (b) to inquire into any act or practice that may be inconsistent with or contrary to any human right, and- (i) where the Commission considers it appropriate to do so—endeavour to effect a settlement of the matters that gave rise to the inquiry; and (ii) where the Commission is of the opinion that the act or practice is inconsistent with or contrary to any human right, and the Commission has not considered it appropriate to endeavour to effect a settlement of the matters that gave rise to the inquiry or has endeavoured without success to effect a settlement of those matters—to report to the Minister the results of its inquiry and any endeavours it has made to effect such a settlement; (c) on its own initiative or when requested by the Minister, to report to the Minister as to the laws that should be made by the Parliament, or action that should be taken by the Commonwealth, on matters relating to human rights; (d) when requested by the Minister, to report to the Minister as to the action (if any) that, in the opinion of the Commission, needs to be taken by Australia in order to comply with the provisions of the Covenant, of the Declarations or of any relevant international instrument; (e) on its own initiative or when requested by the Minister, to examine any relevant international instrument for the purpose of ascertaining whether there are any inconsistencies between that instrument and the Covenant, the Declarations or any other relevant international instrument, and to report to the Minister the results of any such examination; (f) to promote an understanding and acceptance, and the public discussion, of human rights in Australia and the external Territories; (g) to undertake research and educational programs, and other programs, on behalf of the Commonwealth for the purpose of promoting human rights and to co- ordinate any such programs undertaken by any other persons or authorities on behalf of the Commonwealth; (h) to perform- (i) any functions conferred on the Commission by any other enactment; (ii) any functions conferred on the Commission pursuant to any arrangement in force under section 11; and viii (iii) any functions conferred on the Commission by any State Act or Northern Territory enactment, being functions that are declared by the Minister, by notice published in the Gazette, to be complementary to other functions of the Commission; and (j) to do anything incidental or conducive to the performance of any of the preceding functions. (2) The Commission shall not— (a) regard an enactment or proposed enactment as being inconsistent with or contrary to any human right for the purpose of paragraph (1)(a) or (b) by reason of a provision of the enactment or proposed enactment that is included solely for the purpose of securing adequate advancement of particular persons or groups of persons in order to enable them to enjoy or exercise human rights equally with other persons; or (b) regard an act or practice as being inconsistent with or contrary to any human right for the purposes of paragraph (1)(a) or (b) where the act or practice is done or engaged in solely for the purpose referred to in paragraph (a). (3) For the purpose of the performance of its functions, the Commission may work with and consult appropriate non-governmental organisations. ix PREFACE The Annual Report is seen by the Commission as a means of presenting to the Parliament and the public an overview of its operations as well as information about specific activities that it has undertaken during the period concerned. This report is designed to provide a general idea of the scope of the Commission's operations, the subject matter with which it deals, and the way it carries out its functions: along with references, whenever appropriate, to particular tasks under way. The Commission takes the view that its operations should, whenever possible, be aimed at producing practical results. Accordingly, the theme of this report is the action- orientation of the Commission in the performance of its functions. A word of explanation is necessary concerning the form of the report. Section 29 of the Human Rights Commission Act 1981 provides as follows: 29.(1) The Commission shall, as soon as practicable after each 30 June, prepare and furnish to the Minister a report of its operations under this or any other Act or under any State Act or law of a Territory during the year that ended on that 30 June. (2) The first report of the Commission shall include a report of the operations of the Commissioner for Community Relations under the Racial Discrimination Act 1975 for the period that commenced immediately after the end of the year to which the last report furnished by the Commissioner for Community Relations under that Act related and ended immediately before the commencement of this Act. In accordance with section 29, this report of the Commission includes, as Volume 2, a report prepared by the Commissioner for Community Relations to cover his operations under the Racial Discrimination Act 1975 for the period 1 July -9 December 1981.
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