The aim of this paper is to examine the use of Alternative Dispute Resolution [3] (ADR) in the context of the administration of complaints under anti-discrimination and human rights law.
The Disability Discrimination Act 1992 (DDA) came into effect in March 1993. The Act makes it unlawful to discriminate against people with a disability in many areas of public life. The purpose of the Act was to 'assist people with disabilities to exercise their rights as Australian citizens'(3) in recognition that 'people with disabilities are entitled to the same rights and same opportunities as all other Australian citizens'.
This paper looks specifically at the issue of sexual harassment in employment and approaches to resolving associated complaints that are brought before the Australian Human Rights Commission ("AHRC").
State and federal anti-discrimination & human rights law in Australia, as in many other countries2, provides for the resolution of complaints of discrimination and breaches of human rights by a process of conciliation. Conciliation is an alternative dispute resolution mechanism for parties to complaints in that it is an 'alternative' to more formal determination of the dispute by a court or tribunal.
Human rights and anti-discrimination law in Australia, as in many countries in the Asia Pacific, provides for complaints about discrimination and violations of human rights to be resolved by conciliation. The use of Alternative Dispute Resolution (ADR) in this context has been criticised. In particular, it has been claimed that the individualised form of the complaint process, coupled with the confidential nature of conciliation outcomes, restricts the social reformative potential of human rights and anti-discrimination law.
Report to the Attorney-General on an inquiry by the Human Rights and Equal Opportunity Commission (the Commission) into a complaint of discrimination on the ground of trade union activity under the Human Rights and Equal Opportunity Commission Act 1986 (Cth)(the Act).
Learn about discrimination in the workplace, what your rights are, and what happens after you make a complaint to the Commission.
Jess is an Aboriginal woman who lives in a country area of NSW. Jess came to the city for a holiday and to visit her cousins who she had not seen for quite a while. On her last night in the city, Jess and her cousins decided to go to a restaurant which they had been told had great food and a great view. Jess said that when they arrived at the restaurant the head waiter told them they could not go in because they were not dressed appropriately. Jess said the waiter was rude to them.
