Human Rights and Equal Opportunity Commission Annual Report 1996 - 1997 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. ISSN 1031-5098. Contents Chapter 1: The Commission 1 Chapter 2: Complaint handling and Legal Services 12 Chapter 3: Aboriginal and Torres Strait Islander Social Justice 52 Chapter 4: Disability Discrimination 62 Chapter 5: Human Rights 72 Chapter 6: Privacy 85 Chapter 7: Race Discrimination 99 Chapter 8: Sex Discrimination 108 Appendix 1: International instruments observed under the Human Rights and Equal Opportunity Commission Act 117 Appendix 2: Commission publications released during 1996-97 118 Appendix 3: Commissioners’ speeches 119 Appendix 4: Addresses of Commission offices and agents throughout Australia 125 Appendix 5: Freedom of Information, Information available on request 127 Appendix 6: Public Affairs, Library and Information Service, Training and staff development, Occupational health and safety, Equal employment opportunity, Industrial democracy and Staffing overview 129 Appendix 7: Consultants 133 Chapter 1: The Commission The 1996-97 Annual Report of the Human Rights and Equal Opportunity Commission provides an overview of the Commission and its work during the period 1 July 1996 to 30 June 1997. This Report has been prepared in compliance with the Requirements for Departmental Annual Reports outlined by the Department of Prime Minister and Cabinet (March 1997). Mission ATo promote respect for, and observance of, the human rights of all people in Australia and their access to equal opportunity”. Our purpose is to: · Work nationally with individuals, community groups, governments and other organisations towards the elimination of all forms of unfair discrimination, to advance human rights and Indigenous social justice and to protect privacy. · Promote and facilitate community access to the services and functions performed by the Commission and its staff. 2 · Foster recognition of the indivisibility of human rights by developing management and operational strategies which achieve the Commission’s collective purpose in the most efficient and effective way possible. · Facilitate the performance of functions and addressing issues that are the special responsibility of individual Commissioners. History The Commission was established on 10 December 1986, replacing the former Human Rights Commission and incorporating the functions of the Commissioner for Community Relations and functions under the Sex Discrimination Act 1984. The original Human Rights Commission was established by the introduction of the Human Rights Commission Act 1981 on Human Rights Day, 10 December 1981. This gave effect to the following five international instruments: · International Covenant on Civil and Political Rights; · International Covenant on Economic, Social and Cultural Rights; · Declaration of the Rights of the Child; · Declaration on the Rights of Mentally Retarded Persons; and · Declaration on the Rights of Disabled Persons. A more detailed history of the Commission can be found on page 8 of the 1994-95 Annual Report. The Commissioners The Commission as a body corporate is comprised of a President and six Commissioners. Sir Ronald Wilson, President Appointment expires 31 July 1997. Mick Dodson, Aboriginal and Torres Strait Islander Social Justice Commissioner Appointment expires 22 January 1998. Elizabeth Hastings, Disability Discrimination Commissioner Appointment expires 17 December 1997. Chris Sidoti, Human Rights Commissioner Appointment expires 13 August 2000. Moira Scollay, Privacy Commissioner and Acting Sex Discrimination Commissioner Privacy appointment expires 5 February 2002. Acting sex discrimination appointment expires 1 March 1998. Zita Antonios, Race Discrimination Commissioner Appointment expires 25 September 1999. 3 Legislation The Commission is responsible for implementing the following Acts: · Disability Discrimination Act 1992; · Human Rights and Equal Opportunity Act 1986; · Racial Discrimination Act 1975; and · Sex Discrimination Act 1984. Functions performed under these Acts are vested in either the Members, the Commission as a collegiate body or the Federal Attorney-General. Other legislation administered by Commissioners includes: · Privacy Act 1988 implemented by the Privacy Commissioner; and · functions under the Native Title Act 1993 performed by the Aboriginal and Torres Strait Islander Social Justice Commissioner. All of these Acts give force to the relevant international instruments ratified by Australia. Disability Discrimination Act The major objectives of the Disability Discrimination Act 1992 are to: · eliminate discrimination against people with disabilities; · ensure people with disabilities have the same rights to equality before the law as the rest of the community; and · promote community acceptance of the principle that people with disabilities have the same fundamental rights as other members of the community. Human Rights and Equal Opportunity Commission Act The Human Rights and Equal Opportunity Commission Act 1986 established the Commission. The Act provides for the Commission=s administration and gives it responsibility for observing seven international instruments ratified by Australia. These instruments are: · International Covenant on Civil and Political Rights; · Declaration of the Rights of the Child; · Declaration on the Rights of Disabled Persons; · Declaration on the Rights of Mentally Retarded Persons; · International Labour Organisation Convention 111 which deals with discrimination in employment and occupation; · Convention on the Rights of the Child; and · Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. Privacy Act The Privacy Act 1988 gives effect to the Organisation for Economic Development Guidelines on the Protection of Privacy and Transborder Flows of Personal Data and the International Covenant on 4 Civil and Political Rights (Article 17). The guidelines cover the collection of personal information, its use, and access to and alteration of the information. The Act has three spheres of operation where the guidelines are given specific effect as legally binding standards, set out below. 1 Information Privacy Principles to protect personal information which is collected by Federal Government departments or agencies. There are strict privacy safeguards which agencies must observe in collecting, storing and using information. 2 Tax file numbers to ensure that tax file numbers are collected and used only for tax related or assistance agency purposes. 3 Consumer credit reporting privacy protection for consumer credit information, including the type of information that may be collected and the use and disclosure of this information. One of the Privacy Commissioner’s functions is to encourage businesses to conform voluntarily with the Guidelines. The Commissioner also has functions under a range of other federal statutes. These are explained in detail below. Racial Discrimination Act The Racial Discrimination Act 1975 outlines Australia’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. Its major objectives are to: · promote the equality before the law of all persons regardless of their race, colour, national or ethnic origin; and · make unlawful the discrimination against people on the basis of their race, colour, national or ethnic origin. Sex Discrimination Act The Sex Discrimination Act 1984 gives effects Australia’s obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of International Labour Organisation Convention 156. Its major objectives are to: · promote equality between men and women; · eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities; and · eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of federal programs. Functions and powers The functions and powers of the Commission fall into four main categories. The Commission investigates alleged infringements under the anti-discrimination and privacy legislation, and attempts to resolve these matters through conciliation, where this is considered appropriate. Where conciliation is unsuccessful or is inappropriate, matters can be referred for formal hearing or consideration by Hearing Commissioners. After further discussion, determinations are issued to resolve matters. This applies to the Race, Sex, Disability Discrimination and Privacy Acts. 5 The Commission inquires into acts or practices that may infringe human rights or that may be discriminatory. If infringements are identified, the Commission formally reports on the case and recommends action to resolve the situation. This applies to the Human Rights and Equal Opportunity Commission Act. The Commission fosters public discussion, and undertakes and coordinates research and educational programs to promote human rights and eliminate discrimination in relation to all Acts. The Commission may advise on legislation relating to human