Appendices2 - Annual Report 2009-2010: Australian Human Rights Commission
Appendices
Appendix 2 – Complaint statistics
Enquiries
and complaints received
In
2010-11 the Commission received 18 670 enquiries and 2 152 complaints which is
similar to the average number of enquiries and complaints received over the past
five years.
2010-11 the Commission received 18 670 enquiries and 2 152 complaints which is
similar to the average number of enquiries and complaints received over the past
five years.
•
38% of complaints were lodged under the
Disability Discrimination Act
38% of complaints were lodged under the
Disability Discrimination Act
•
21% of complaints were lodged under the
Sex Discrimination Act
21% of complaints were lodged under the
Sex Discrimination Act
•
20% of complaints were lodged under the
Racial Discrimination Act
20% of complaints were lodged under the
Racial Discrimination Act
•
13% of complaints were lodged under the
Australian Human Rights Commission Act
13% of complaints were lodged under the
Australian Human Rights Commission Act
•
8% of complaints were lodged under the
Age Discrimination Act.
8% of complaints were lodged under the
Age Discrimination Act.
Conciliation
of complaints
Of
the complaints finalised in 2010-11, 47% were conciliated. Of those matters
where conciliation was attempted, 64% were able to be resolved.
the complaints finalised in 2010-11, 47% were conciliated. Of those matters
where conciliation was attempted, 64% were able to be resolved.
Complaints
under the Disability Discrimination Act had the highest conciliation rate (49%)
and a conciliation success rate of 64%.
under the Disability Discrimination Act had the highest conciliation rate (49%)
and a conciliation success rate of 64%.
Complaints
under the Racial Discrimination Act had a 46% conciliation rate and a
conciliation success rate of 62%.
under the Racial Discrimination Act had a 46% conciliation rate and a
conciliation success rate of 62%.
Complaints
under the Sex Discrimination Act had a conciliation rate of 45% and a
conciliation success rate of 61%.
under the Sex Discrimination Act had a conciliation rate of 45% and a
conciliation success rate of 61%.
Complaints
under the Age Discrimination Act had a conciliation rate of 45% and the highest
conciliation success rate (66%).
under the Age Discrimination Act had a conciliation rate of 45% and the highest
conciliation success rate (66%).
Forty
percent of finalised complaints under the Australian Human Rights Commission Act
were successfully resolved.
percent of finalised complaints under the Australian Human Rights Commission Act
were successfully resolved.
Demographic
data
Information
on the geographical location and ethnicity of complainants is provided in Tables
7, 10 and 11.
on the geographical location and ethnicity of complainants is provided in Tables
7, 10 and 11.
Demographic
data obtained during the complaint process indicates that 48% of complaints were
lodged by individual males, 46% by individual females and 6% by other
categories. Other categories include intersex, sex not specified, joint/multiple
complainants and organisations/individuals on behalf of others.
data obtained during the complaint process indicates that 48% of complaints were
lodged by individual males, 46% by individual females and 6% by other
categories. Other categories include intersex, sex not specified, joint/multiple
complainants and organisations/individuals on behalf of others.
Fifty
percent of complainants reported that they knew about the Commission prior to
lodging their complaint. This is the highest percentage recorded over the past
five years and may be indicative of increased community awareness of the
Commission and its work.
percent of complainants reported that they knew about the Commission prior to
lodging their complaint. This is the highest percentage recorded over the past
five years and may be indicative of increased community awareness of the
Commission and its work.
The
main identified referral sources for others were legal centres or private
lawyers (22%), family members or friends (19%), the internet (14%), a disability
organisation or advocate (9%) and a government agency (5%). There is also a
clear trend over the past five years for more complainants to identify the
internet as a source of information and referral.
main identified referral sources for others were legal centres or private
lawyers (22%), family members or friends (19%), the internet (14%), a disability
organisation or advocate (9%) and a government agency (5%). There is also a
clear trend over the past five years for more complainants to identify the
internet as a source of information and referral.
The
majority of complainants (66%) indicated that their main source of income at the
time of the alleged act was from full-time, part-time, casual or self
employment.
majority of complainants (66%) indicated that their main source of income at the
time of the alleged act was from full-time, part-time, casual or self
employment.
Approximately
38% of complainants said they were represented at the beginning of the complaint
process. This figure has varied between 33% and 38% over the past five years. In
this reporting year, 39% of those who were represented said they were
represented by privately funded solicitors. Other forms of representation were
other advocate groups, such as working women’s centres or disability
advocacy services (23%), community legal centres, such as Indigenous or
disability legal services (17%), family members or friends (16%) and trade
unions or professional associations (5%).
38% of complainants said they were represented at the beginning of the complaint
process. This figure has varied between 33% and 38% over the past five years. In
this reporting year, 39% of those who were represented said they were
represented by privately funded solicitors. Other forms of representation were
other advocate groups, such as working women’s centres or disability
advocacy services (23%), community legal centres, such as Indigenous or
disability legal services (17%), family members or friends (16%) and trade
unions or professional associations (5%).
In
2010-11, the main respondent organisation categories were private enterprise
(52%), Commonwealth departments/statutory authorities (16%) and State
departments/statutory authorities (16%). These have been the main categories for
the last five reporting years.
2010-11, the main respondent organisation categories were private enterprise
(52%), Commonwealth departments/statutory authorities (16%) and State
departments/statutory authorities (16%). These have been the main categories for
the last five reporting years.
Complaint
information service
|
Complaint
Handling Section webpage views |
326
516 |
|---|
|
Enquiry
type |
Total
|
|---|---|
|
Telephone
|
14
479 |
|
TTY
|
13
|
|
Email
|
3
336 |
|
In-person
|
118
|
|
Written
|
724
|
|
Total
|
18
670 |
|
Issue
|
Total
|
|---|---|
|
Race
|
1
979 |
|
Race
- racial hatred |
619
|
|
Sex
– direct |
890
|
|
Sexual
harassment |
1
003 |
|
Sex
- marital status, family responsibilities, parental status, carers responsibilities, breast feeding |
368
|
|
Sex
- pregnancy |
510
|
|
Sexual
preference, transgender, homosexuality, lawful sexual activity |
218
|
|
Disability
- impairment |
2
628 |
|
Disability
- HIV/AIDS/Hepatitis |
48
|
|
Disability
- workers compensation |
164
|
|
Disability
- mental health |
581
|
|
Disability
- intellectual/learning disability |
293
|
|
Disability
- maltreatment/negligence |
30
|
|
Disability
- physical feature |
550
|
|
Age
- too young |
157
|
|
Age
- too old |
562
|
|
Age
- compulsory retirement |
5
|
|
Criminal
record/conviction |
364
|
|
Political
opinion |
17
|
|
Religion/religious
organisations |
213
|
|
Employment
- personality conflicts/favouritism |
143
|
|
Employment
- union/industrial activity |
60
|
|
Employment
- unfair dismissal/other industrial issues |
2
020 |
|
Employment
- workplace bullying |
1
564 |
|
Human
rights - children |
80
|
|
Human
rights - civil, political, economic, social |
772
|
|
Immigration
- detention centres |
491
|
|
Immigration
- visas |
334
|
|
Prisons/prisoners
|
202
|
|
Police
|
279
|
|
Court
- family court |
193
|
|
Court
- other law matters |
249
|
|
Privacy
- data protection |
44
|
|
Neighbourhood
disputes |
80
|
|
Advertising
|
23
|
|
Local
government – administration |
77
|
|
State
government - administration |
739
|
|
Federal
government - administration |
716
|
|
Other
|
4
256 |
|
Total*
|
23
521 |
|
State
of origin |
Total
|
Percentage
|
|---|---|---|
|
New
South Wales |
4
908 |
26
|
|
Victoria
|
2
731 |
15
|
|
South
Australia |
1
306 |
7
|
|
Western
Australia |
1
104 |
6
|
|
Queensland
|
2
384 |
13
|
|
Australian
Capital Territory |
326
|
2
|
|
Tasmania
|
212
|
1
|
|
Northern
Territory |
243
|
1
|
|
Unknown/overseas
|
5
456 |
29
|
|
Total
|
18
670 |
100
|
Complaints
overview
|
|
2006-07
|
2007-08
|
2008-09
|
2009-10
|
2010-2011
|
|---|---|---|---|---|---|
|
Received
|
1
779 |
2
077 |
2
253 |
2
517 |
2
152 |
|
Finalised
|
1
656 |
1
883 |
2
354 |
2
426 |
2
266 |
|
|
2006-07
(percent)
|
2007-08
(percent)
|
2008-09
(percent)
|
2009-10
(percent)
|
2010-2011
(percent)
|
|---|---|---|---|---|---|
|
Terminated/declined
|
48
|
39
|
34
|
32
|
35
|
|
Conciliated
|
38
|
48
|
48
|
50
|
47
|
|
Withdrawn
|
14
|
13
|
18
|
13
|
11
|
|
Discontinued*
|
-
|
-
|
-
|
5
|
6
|
|
Reported
(AHRCA only) |
-
|
-
|
-
|
-
|
1
|
*
Complaints finalised under statutory
provision – 46 PF(5)(a) – Satisfied that complainant does not want
inquiry to continue.
|
State
of origin |
Total
|
Percentage
|
|---|---|---|
|
New
South Wales |
827
|
38
|
|
Victoria
|
438
|
20
|
|
South
Australia |
150
|
7
|
|
Western
Australia |
191
|
9
|
|
Queensland
|
386
|
18
|
|
Australian
Capital Territory |
65
|
3
|
|
Tasmania
|
19
|
1
|
|
Northern
Territory |
41
|
2
|
|
Unknown/overseas
|
35
|
2
|
|
Total
|
2
152 |
100
|
|
Act
|
Received
|
Finalised
|
|---|---|---|
|
Racial
Discrimination Act (RDA) |
422
|
472
|
|
Sex
Discrimination Act (SDA) |
459
|
448
|
|
Disability
Discrimination Act (DDA) |
823
|
961
|
|
Age
Discrimination Act (ADA) |
175
|
181
|
|
Australian
Human Rights Commission Act (AHRCA) |
273
|
204
|
|
Total
|
2
152 |
2
266 |
|
|
2006-07
|
2007-08
|
2008-09
|
2009-10
|
2010-11
|
|---|---|---|---|---|---|
|
Racial
Discrimination Act |
250
|
376
|
396
|
550
|
422
|
|
Sex
Discrimination Act |
472
|
438
|
547
|
532
|
459
|
|
Disability
Discrimination Act |
802
|
988
|
980
|
1
057 |
823
|
|
Age
Discrimination Act |
106
|
126
|
151
|
174
|
175
|
|
Australian
Human Rights Commission Act |
149
|
149
|
179
|
204
|
273
|
|
Total
|
1
779 |
2
077 |
2
253 |
2
517 |
2
152 |
|
RDA
(%)
|
SDA
(%)
|
DDA
(%)
|
ADA
(%)
|
AHRCA
(%) |
Total
(%)
|
|
|---|---|---|---|---|---|---|
|
Born
in Australia |
47
|
55
|
61
|
59
|
35
|
55
|
|
Born
outside of Australia |
44
|
14
|
13
|
22
|
45
|
23
|
|
Unknown/unspecified
|
9
|
31
|
26
|
19
|
20
|
22
|
|
RDA
(%)
|
SDA
(%)
|
DDA
(%)
|
ADA
(%)
|
AHRCA
(%)
|
Total
(%)
|
|
|---|---|---|---|---|---|---|
|
Aboriginal
|
34
|
2
|
2
|
1 |
2
|
9
|
|
Torres
Strait Islander |
-
|
-
|
-
|
-
|
1
|
-
|
|
None
of the above |
66
|
98
|
98
|
99
|
97
|
91
|
|
RDA
(%)
|
SDA
(%)
|
DDA
(%)
|
ADA
(%)
|
AHRCA
(%)
|
Cumulative
Total (%) |
|
|---|---|---|---|---|---|---|
|
0
- 6 months |
74
|
60
|
47
|
60
|
47
|
56
|
|
6
- 9 months |
90
|
84
|
76
|
88
|
73
|
81
|
|
9
- 12 months |
96
|
95
|
94
|
98
|
89.5
|
94
|
|
More
than 12 months |
100
|
100
|
100
|
100
|
100
|
100
|
Racial
Discrimination Act
|
Total
|
|
|---|---|
|
Received
|
422
|
|
Finalised
|
472
|
|
Racial
Discrimination Act |
Total
|
Percentage
|
|---|---|---|
|
Colour
|
74
|
9
|
|
National
origin/extraction |
41
|
5
|
|
Ethnic
origin |
102
|
12
|
|
Descent
|
9
|
1
|
|
Race
|
445
|
54
|
|
Victimisation
|
9
|
1
|
|
Racial
hatred |
121
|
15
|
|
Aids,
permits or instructs |
-
|
-
|
|
Association
|
2
|
-
|
|
Immigrant
|
23
|
3
|
|
Total*
|
826
|
100
|
*
One complaint may have multiple grounds
One complaint may have multiple grounds
|
Racial
Discrimination Act |
Total
|
Percentage
|
|---|---|---|
|
Rights
to equality before the law |
-
|
-
|
|
Access
to places and facilities |
1
|
-
|
|
Land,
housing, other accommodation |
8
|
1
|
|
Provision
of goods and services |
227
|
27
|
|
Right
to join trade unions |
-
|
-
|
|
Employment
|
290
|
35
|
|
Advertisements
|
-
|
-
|
|
Education
|
7
|
1
|
|
Incitement
to unlawful acts |
-
|
-
|
|
Other
- section 9 |
165
|
20
|
|
Racial
hatred |
128
|
16
|
|
Total*
|
826
|
100
|
*An
area is recorded for each ground, so one complaint may have multiple and
different areas.
area is recorded for each ground, so one complaint may have multiple and
different areas.
|
Racial
Discrimination Act |
Total
|
Percentage
|
|---|---|---|
|
Media
– press/TV/radio |
19
|
17
|
|
Disputes
between neighbours |
6
|
5
|
|
Personal
conflict |
15
|
13
|
|
Employment
|
29
|
26
|
|
Racist
propaganda |
1
|
1
|
|
Internet
- e-mail/webpage/chat room |
26
|
23
|
|
Entertainment
|
-
|
-
|
|
Sport
|
2
|
2
|
|
Public
debate |
-
|
-
|
|
Provision
of goods and services |
10
|
9
|
|
Other
|
5
|
4
|
|
Total
|
113
|
100
|
|
Racial
Discrimination Act |
Total
|
|---|---|
|
Terminated
|
158
|
|
At
complainants request – s.46PE |
-
|
|
Not
unlawful |
-
|
|
More
than 12 months old |
7
|
|
Trivial,
vexatious, frivolous, misconceived, lacking in substance |
23
|
|
Adequately
dealt with already |
-
|
|
More
appropriate remedy available |
-
|
|
Subject
matter of public importance |
-
|
|
No
reasonable prospect of conciliation |
128
|
|
Discontinued*
|
40
|
|
Withdrawn
|
43
|
|
Conciliated
|
208
|
|
Administrative
closure** |
23
|
|
Total
|
472
|
*
Finalised under statutory provision
– 46 PF(5)(a) – Satisfied that complainant does not want inquiry to
continue.
** Not an aggrieved party,
state complaint previously lodged.
Finalised under statutory provision
– 46 PF(5)(a) – Satisfied that complainant does not want inquiry to
continue.
** Not an aggrieved party,
state complaint previously lodged.
Sex
Discrimination Act
|
Sex
Discrimination Act |
Total
|
|---|---|
|
Received
|
459
|
|
Finalised
|
448
|
|
Sex
Discrimination Act |
Total
|
Percentages
|
|---|---|---|
|
Female
|
378
|
82
|
|
Male
|
78
|
17
|
|
Other
category* |
3
|
1
|
|
Total
|
459
|
100
|
*
Includes intersex, sex not specified, joint/multiple and individual/organisation
on behalf of other
|
Sex
Discrimination Act |
Total
|
Percentages
|
|---|---|---|
|
Sex
discrimination |
324
|
37
|
|
Marital
status |
18
|
2
|
|
Pregnancy
|
165
|
19
|
|
Sexual
harassment |
265
|
30
|
|
Parental
status/ family responsibility |
43
|
5
|
|
Victimisation
|
50
|
6
|
|
Aids, permits, instructs |
9
|
1
|
|
Total*
|
874
|
100
|
*One
complaint may have multiple grounds.
complaint may have multiple grounds.
|
Sex
Discrimination Act |
Total
|
Percentage
|
|---|---|---|
|
Employment
|
770
|
88
|
|
Goods,
services and facilities |
72
|
8
|
|
Land
|
-
|
-
|
|
Accommodation
|
2
|
0.5
|
|
Superannuation,
insurance |
-
|
-
|
|
Education
|
10
|
1
|
|
Clubs
|
-
|
-
|
|
Administration
of Commonwealth laws and programs |
18
|
2
|
|
Application
forms etc |
-
|
-
|
|
Trade
unions, accrediting bodies |
2
|
0.5
|
|
Total*
|
874
|
100
|
*
An area is recorded for each ground, so one complaint may have multiple and
different areas.
An area is recorded for each ground, so one complaint may have multiple and
different areas.
|
Sex
Discrimination Act |
|
|---|---|
|
Terminated
|
142
|
|
At
complainants request - s.46PE |
-
|
|
Not
unlawful |
-
|
|
More
than 12 months old |
10
|
|
Trivial,
vexatious, frivolous, misconceived, lacking in substance |
15
|
|
Adequately
dealt with already |
-
|
|
More
appropriate remedy available |
1
|
|
Subject
matter of public importance |
-
|
|
No
reasonable prospect of conciliation |
116
|
|
Discontinued*
|
38
|
|
Withdrawn
|
49
|
|
Conciliated
|
185
|
|
Administrative
closure** |
34
|
|
Total
|
448
|
*
Finalised under statutory provision
– 46 PF(5)(a) – Satisfied that complainant does not want inquiry to
continue.
**
Not an aggrieved party, state complaint previously
lodged.
Not an aggrieved party, state complaint previously
lodged.
Disability
Discrimination Act
|
Disability
Discrimination Act |
Total
|
|---|---|
|
Received
|
823
|
|
Finalised
|
961
|
|
Disability
Discrimination Act |
Total
|
Percentage
|
|---|---|---|
|
Physical
disability |
172
|
16
|
|
A
mobility aid is used (e.g. walking frame or wheelchair) |
116
|
11 |
|
Physical
disfigurement |
21
|
2 |
|
Presence
in the body of organisms causing disease (e.g. HIV/AIDS) |
11
|
1
|
|
Presence
in the body of organisms causing disease (other) |
16
|
1 |
|
Psychiatric
disability |
160
|
15 |
|
Neurological
disability (e.g. epilepsy) |
68
|
6 |
|
Intellectual
disability |
45
|
4
|
|
Learning
disability |
27
|
3
|
|
Sensory
disability (hearing impaired) |
47
|
4
|
|
Sensory
disability (deaf) |
80
|
7
|
|
Sensory
disability (vision impaired) |
60
|
6
|
|
Sensory
disability (blind) |
15
|
1
|
|
Work-related
injury |
68
|
6
|
|
Medical
condition (e.g. diabetes) |
88
|
8
|
|
Other
|
103
|
9
|
|
Total*
|
1
097 |
100
|
*One
complainant may have multiple disabilities.
complainant may have multiple disabilities.
|
Disability
Discrimination Act |
Total
|
Percentage
|
|---|---|---|
|
Disability
of person(s) aggrieved |
1
968 |
91
|
|
Associate
|
91
|
4
|
|
Disability
- person assisted by trained animal |
43
|
2
|
|
Disability
- accompanied by assistant |
7
|
-
|
|
Disability
- use of appliance |
16
|
1
|
|
Harassment
|
8
|
-
|
|
Victimisation
|
31
|
1
|
|
Aids,
permits or instructs |
12
|
1
|
|
Total*
|
2
176 |
100
|
*
One complaint may have multiple grounds.
One complaint may have multiple grounds.
|
Disability
Discrimination Act |
Total
|
Percentage
|
|---|---|---|
|
Employment
|
672
|
31
|
|
Goods,
services and facilities |
769
|
35
|
|
Access
to premises |
131
|
6
|
|
Land
|
-
|
-
|
|
Accommodation
|
60
|
3
|
|
Incitement
to unlawful acts or offences |
-
|
-
|
|
Advertisements
|
-
|
-
|
|
Superannuation,
insurance |
8
|
-
|
|
Education
|
188
|
9
|
|
Clubs,
incorporated associations |
38
|
2
|
|
Administration
of Commonwealth laws and programs |
67
|
3
|
|
Sport
|
2
|
-
|
|
Application
forms, requests for information |
-
|
-
|
|
Trade
unions, registered organisations |
-
|
-
|
|
Unlawful
to contravene Disability Standard |
241
|
11
|
|
Total*
|
2
176 |
100
|
*
An area is recorded for each ground, so one complaint may have multiple and
different areas.
An area is recorded for each ground, so one complaint may have multiple and
different areas.
|
Disability
Discrimination Act |
|
|---|---|
|
Terminated
|
334
|
|
At
complainants request - s.46PE |
-
|
|
Not
unlawful |
5
|
|
More
than 12 months old |
14
|
|
Trivial,
vexatious, frivolous, misconceived, lacking in substance |
37
|
|
Adequately
dealt with already |
7
|
|
More
appropriate remedy available |
5
|
|
Subject
matter of public importance |
-
|
|
No
reasonable prospect of conciliation |
266
|
|
Discontinued*
|
35
|
|
Withdrawn
|
110
|
|
Conciliated
|
465
|
|
Administrative
closure** |
17
|
|
Total
|
961
|
*
Finalised under statutory provision
– 46 PF(5)(a) – Satisfied that complainant does not want inquiry to
continue.
** Not an aggrieved party,
state complaint previously
Age
Discrimination Act
|
Age
Discrimination Act |
Total
|
|---|---|
|
Received
|
175
|
|
Finalised
|
181
|
|
Age
Discrimination Act |
Total
|
Percentage
|
|---|---|---|
|
0 – 14 years |
3
|
2
|
|
15
– 24 years |
23
|
13
|
|
25
– 34 years |
10
|
6
|
|
35
– 44 years |
12
|
7
|
|
45
– 54 years |
44
|
25
|
|
55
– 64 years |
39
|
22
|
|
>
65 years |
34
|
19
|
|
Unknown
|
10
|
6
|
|
Total
|
175
|
100
|
|
Age
Discrimination Act |
Total
|
Percentage
|
|---|---|---|
|
Employment
|
195
|
66
|
|
Goods,
services and facilities |
79
|
26
|
|
Access
to premises |
-
|
-
|
|
Land
|
-
|
-
|
|
Accommodation
|
8
|
3
|
|
Incitement
to unlawful acts or offences |
-
|
-
|
|
Advertisements
|
-
|
-
|
|
Superannuation,
insurance |
4
|
1
|
|
Education
|
1
|
-
|
|
Clubs,
incorporated associations |
-
|
-
|
|
Administration
of Commonwealth laws and programs |
8
|
3 |
|
Sport
|
-
|
-
|
|
Application
forms, requests for information |
-
|
-
|
|
Trade
unions, registered organisations |
2
|
1
|
|
Total*
|
297
|
100
|
*
One complaint may have multiple and different areas.
One complaint may have multiple and different areas.
|
Age
Discrimination Act |
|
|---|---|
|
Terminated
|
55
|
|
At
complainants request - s.46PE |
-
|
|
Not
unlawful |
3
|
|
More
than 12 months old |
2
|
|
Trivial,
vexatious, frivolous, misconceived, lacking in substance |
9
|
|
Adequately
dealt with already |
1
|
|
More
appropriate remedy available |
-
|
|
Subject
matter of public importance |
-
|
|
No
reasonable prospect of conciliation |
40
|
|
Discontinued*
|
12
|
|
Withdrawn
|
29
|
|
Conciliated
|
78
|
|
Administrative
closure** |
7
|
|
Total
|
181
|
*
Finalised under new statutory provision
– 46 PF(5)(a) – Satisfied that complainant does not want inquiry to
continue.
** Not an aggrieved party,
state complaint previously lodged
Finalised under new statutory provision
– 46 PF(5)(a) – Satisfied that complainant does not want inquiry to
continue.
** Not an aggrieved party,
state complaint previously lodged
Australian Human Rights
Commission Act (AHRCA)
|
Australian
Human Rights Commission Act |
Total
|
|---|---|
|
Received
|
273
|
|
Finalised
|
204
|
|
Australian
Human Rights Commission Act |
Total
|
Percentage
|
|---|---|---|
|
Race
(ILO 111) |
-
|
-
|
|
Colour
(ILO 111) |
-
|
-
|
|
Sex
(ILO 111) |
-
|
-
|
|
Religion
(ILO 111) |
14
|
5
|
|
Political
opinion (ILO 111) |
3
|
1
|
|
National
extraction (ILO 111) |
1
|
-
|
|
Social
origin (ILO 111) |
1
|
-
|
|
Age
(ILO 111) |
1
|
-
|
|
Medical
record (ILO 111) |
-
|
-
|
|
Criminal
record (ILO 111) |
68
|
23
|
|
Impairment
(including HIV/AIDS status) (ILO 111) |
-
|
-
|
|
Marital
status (ILO 111) |
-
|
-
|
|
Disability
(ILO 111) |
-
|
-
|
|
Nationality
(ILO 111) |
-
|
-
|
|
Sexual
preference (ILO 111) |
17
|
6
|
|
Trade
union activity (ILO 111) |
12
|
4
|
|
International
Covenant on Civil and Political Rights |
153
|
51
|
|
Declaration
on the Rights of the Child |
-
|
-
|
|
Declaration
on the Rights of Mentally Retarded Persons |
-
|
-
|
|
Declaration
on the Rights of Disabled Persons |
-
|
-
|
|
Convention
on the Rights of the Child |
27
|
9
|
|
Declaration
on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief |
1
|
-
|
|
Convention
on the Rights of Persons with Disabilities |
4
|
1
|
|
Not
a ground within jurisdiction |
-
|
-
|
|
Not
a human right as defined by the Act |
-
|
-
|
|
Total*
|
302
|
100
|
*One
complaint may have multiple grounds.
complaint may have multiple grounds.
|
Australian
Human Rights Commission Act |
Total
|
Percentage
|
|---|---|---|
|
Acts
or practices of the Commonwealth |
188
|
62
|
|
Employment
|
113
|
38
|
|
Not
act or practice of the Commonwealth (not employment cases) |
1
|
-
|
|
Total*
|
302
|
100
|
*
An area is recorded for each ground, so one complaint may have multiple and
different areas.
An area is recorded for each ground, so one complaint may have multiple and
different areas.
|
Australian
Human Rights Commission Act |
Total
|
Percentage
|
|---|---|---|
|
Prisons,
prisoner |
3
|
1.5
|
|
Religious
institutions |
-
|
-
|
|
Family
court matters |
-
|
-
|
|
Other
law court matters |
1
|
0.5
|
|
Immigration
|
172
|
91
|
|
Law
enforcement agency |
-
|
-
|
|
State
agency |
1
|
0.5
|
|
Other
service provider (private sector) |
-
|
-
|
|
Local
government |
-
|
-
|
|
Education
systems |
-
|
-
|
|
Welfare
systems |
1
|
0.5
|
|
Personal
or neighbourhood conflict |
-
|
-
|
|
Health
system |
-
|
-
|
|
Other
|
11
|
6
|
|
Total
|
189
|
100
|
|
Australian
Human Rights Commission Act |
Total
|
|---|---|
|
Declined
|
102
|
|
Does
not constitute discrimination |
9
|
|
Human
rights breach, not inconsistent or contrary to any human right |
6
|
|
More
than 12 months old |
2
|
|
Trivial,
vexatious, frivolous, misconceived, lacking in substance |
37
|
|
Adequately
dealt with already |
11
|
|
More
appropriate remedy available |
5
|
|
Withdrawn,
does not wish to pursue, advised the Commission |
13
|
|
Withdrawn,
does not wish to pursue, settled outside the Commission |
1
|
|
Discontinued
- lost contact |
18
|
|
Conciliated
|
82
|
|
Referred
for reporting* |
18
|
|
Administrative
closure |
2
|
|
Total
|
204
|
*Complaints
in this category were not conciliable and therefore transferred from the
Commission’s Complaint Handling Section to the Legal Section for further
inquiry and possible reporting.
in this category were not conciliable and therefore transferred from the
Commission’s Complaint Handling Section to the Legal Section for further
inquiry and possible reporting.
