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Appendix 3: Complaint statistics

Enquiries and complaints received

The Commission received 19 688 enquiries in 2013-14. This is 16% higher than the number received in the previous year. The majority of enquiries (73%) were received via our National Information Hotline. The main issues raised by enquirers in this reporting year related to disability discrimination (18%); general employment matters, including harassment and bullying (17%); discrimination on grounds covered by the Sex Discrimination Act (11%); racial discrimination, including racial hatred (8%); and human rights-related issues, including immigration and immigration detention (7%).

In 2013-14, the Commission received 2223 complaints. One complaint may raise a number of grounds and areas of discrimination and be against one or more respondents. If the Commission counted complaints by respondents, the number of complaints received in 2013-14 would increase to 3004. If the Commission counted complaints received by grounds and areas of discrimination, the number of complaints received would increase to 4787 and 2579 respectively.

The number of complaints received in 2013-14 is slightly higher (2%) than that received in the previous reporting year. In 2013-14:

  • 38% of complaints were lodged under the Disability Discrimination Act
  • 21% of complaints were lodged under the Sex Discrimination Act
  • 17% of complaints were lodged under the Racial Discrimination Act
  • 16% of complaints were lodged under the Australian Human Rights Commission Act
  • 8% of complaints were lodged under the Age Discrimination Act.

Employment was the main area of complaint under the Sex Discrimination Act (80%), Age Discrimination Act (62%) and the Racial Discrimination Act (37%). The provision of goods, services and facilities was the main area of complaint under the Disability Discrimination Act (39%).

Outcomes of complaints

The Commission finalised 2178 complaints during 2013-14. We conducted approximately 1444 conciliation processes, of which 1017 complaints (70%) were successfully resolved. This represents successful dispute resolution for more than 2034 people and organisations involved in complaints before the Commission. The conciliation success rate in 2013-14 is the highest achieved in recent years.

Information on the outcomes of conciliated complaints indicates that 23% included terms which will have benefits for people beyond the individual complainant. For example, terms included agreements to introduce anti-discrimination policies and provide anti-discrimination training in workplaces, as well as agreements to undertake modifications to buildings and services to address potential discriminatory factors.

Commission survey data also highlights the educative effect of the Commission’s complaint process. For example, in relation to conciliated complaints, 71% of surveyed participants indicated that involvement in the complaint process had assisted them to better understand their rights and responsibilities under federal human rights and anti- discrimination law.1

Data provided to the Commission indicates that, in 2013-14, approximately 4% of finalised complaints regarding unlawful discrimination proceeded to court. The majority of these complaints (93%) were terminated by the Commission on the basis that there was no reasonable prospect of the matter being settled by conciliation.

Timeliness of the complaint process

In 2013-14, 54% of complaints were finalised within three months, 85% within six months, 94% within nine months and 97% within 12 months. The average time from receipt to finalisation of a complaint was approximately 3.4 months. Over recent years, there has been a significant improvement in the timeliness of the complaint process which can be attributed to ongoing innovations in the Commission’s complaint process and improved data collection processes.

Demographic data

Information on the geographical location and ethnicity of complainants is provided in Tables 8, 11 and 12.

Demographic data obtained during the complaint process indicates that, in 2013-14, 50% of complaints were lodged by individual males, 47% by individual females and 3% by other categories. Other categories include intersex, sex not specified, joint/multiple complainants and organisations.

Where referral source was identified, 47% of complainants reported that they knew about the Commission prior to lodging their complaint. The other main identified referral sources were private lawyers (14%); the Internet (12%); family members, friends or support people (8%); and specialist advocacy agencies, such as advocacy agencies for people with disabilities, women or Aboriginal and Torres Strait Islander peoples (4%).

The majority of complainants (69%) indicated that their main source of income at the time of the alleged act was from a form of employment. Of this group, 78% indicated they were in full-time or part- time permanent employment, 18% were engaged in casual, contract or outwork and 4% were self- employed.

Approximately 36% of complainants said they were represented at the beginning of the complaint process and 45% of these complainants said they were represented by privately funded solicitors. The level of overall representation is similar to previous years but there is a slight increase in private legal representation, in comparison with the average over the past five years (39%). Other identified forms of representation were family members or friends (19%); other advocacy groups, such as working women’s centres or disability advocacy services (16%); community legal centres, including Aboriginal or disability legal services (11%); and trade unions or professional associations (7%).

In 2013-14, the main respondent organisation categories were private enterprise (52%), Commonwealth departments/statutory authorities (22%) and State departments/statutory authorities (12%). These have been the main respondent organisation categories over recent years.

  1. Further details of the Commission’s Service Satisfaction survey for 2013-14 are provided at page 68.

National Information Service

Table 1: Website enquiries

Webpage views 326 726

 

Table 2: Enquiries received by mode of contact

Enquiry type
Number
Telephone
14 429
TTY/NRS
6
Email/Smartform/Webform
4 545
In person
102
Written
606
Total
19 688

 

Table 3: Enquiries received by State/Territory of enquirer

State of origin
Number
Percentage
New South Wales
4 487
23
Victoria
2 487
13
South Australia
670
3
Western Australia
1 322
7
Queensland
2 025
10
Australian Capital Territory
422
2
Tasmania
247
1
Northern Territory
292
2
Unknown/overseas
7 736
39
Total
19 688
100

 

Complaints overview

Table 4: Complaints received in 2013-14

 
2013-14
Counted by complainants*
2 223
Counted by respondents
3 004
Counted by grounds of discrimination
4 787
Counted by areas of discrimination
2 579

* The Commission counts complaints by complainants. Other State and Territory anti- discrimination bodies may count complaints by respondents and/or by grounds of discrimination and/or by areas of discrimination raised in a complaint.

 

Table 5: Complaints received and finalised over the past five years

 
2009-10
2010-11
2011-12
2012-13
2013-14
Received
2 517
2 152
2 610
2 177
2 223
Finalised
2 426
2 266
2 605
2 500
2 178

 

Table 6: Outcomes of finalised complaints over the past five years

 
2009-10 (%)
2010-11 (%)
2011-12 (%)
2012-13 (%)
2013-14 (%)
Terminated/declined
32
35
31
33
23
Conciliated
50
47
48
45
49
Withdrawn*
13
11
12
13
16
Discontinued**
5
6
8
9
9
Referred for reporting (Australian Human Rights Commission Act only)
 
 
1
 
1
 
 
3

* This category includes where a complainant withdraws due to personal circumstances or where they decide not to proceed after reviewing information from the respondent or being provided with information about the law and/or a preliminary assessment of the complaint.
** A complaint may be discontinued where a complainant does not respond to the Commission’s attempts to contact them, including after being provided with an assessment of the complaint.

Table 7: Complaints resolved by conciliation over the past five years

 
2009-10 (%)
2010-11 (%)
2011-12 (%)
2012-13 (%)
2013-14 (%)
Complaints successfully resolved
 
69
 
64
 
66
 
65
 
70
Complaints unable to be resolved
 
31
 
36
 
34
 
35
 
30

 

Table 8: Complaints received by State/Territory of complainant

State of origin
Number
Percentage
New South Wales
804
36
Victoria
476
22
South Australia
139
6
Western Australia
326
15
Queensland
314
14
Australian Capital Territory
60
3
Tasmania
29
1
Northern Territory
52
2
Unknown/overseas
23
1
Total
2 223
100

 

Table 9: Complaints received and finalised by Act

Act
Received
Finalised
Racial Discrimination Act
380
443
Sex Discrimination Act
474
451
Disability Discrimination Act
830
796
Age Discrimination Act
184
168
Australian Human Rights Commission Act
355
320
Total
2 223
2 178

 

Table 10: Complaints received by Act over the past five years

 
2009-10
2010-11
2011-12
2012-13
2013-14
Racial Discrimination Act
550
422
477
500
380
Sex Discrimination Act
532
459
505
417
474
Disability Discrimination Act
1 057
823
955
793
830
Age Discrimination Act
174
175
196
157
184
Australian Human Rights Commission Act
 
204
 
273
 
477
 
310
 
355
Total
2 517
2 152
2 610
2 177
2 223

 

Table 11: Country of birth of complainants

 
RDA (%)
SDA (%)
DDA (%)
ADA (%)
AHRCA (%)
Total (%)
Born in Australia
34
23
38
37
18
31
Born outside of Australia
 
37
 
11
 
12
 
18
 
57
 
23
Unknown/ unspecified
 
29
 
66
 
50
 
45
 
25
 
46

 

Table 12: Aboriginal and Torres Strait Islander status of complainants

 
RDA (%)
SDA (%)
DDA (%)
ADA (%)
AHRCA (%)
Total (%)
Aboriginal
36
1
2
0.5
2
9
Torres Strait Islander
 
 
 
 
 
 
Both of the above
1
0.5
None of the above/ Unknown
 
63
 
99
 
98
 
99
 
98
 
91

 

Table 13: Time from receipt to finalisation for finalised complaints

 
RDA (%)
SDA (%)
DDA (%)
ADA (%)
AHRCA (%)
Cumulative Total (%)
0-3 months
61
59
51
67
39
54
3-6 months
95
88
85
95
65
85
6-9 months
98
98
96
100
75
94
9-12 months
99
99
99
83
97

 

Racial Discrimination Act

Table 14: Racial Discrimination Act – Complaints received and finalised

Racial Discrimination Act
Total
Received
380
Finalised
443

 

Table 15: Racial Discrimination Act – Complaints received by ground

Racial Discrimination Act – Grounds
Number
Percentage
Colour
90
9.5
National origin
128
13
Ethnic origin
185
19
Descent
33
4
Race
353
37
Racial hatred
116
12
Immigrant status
10
1
Association
5
1
Victimisation
30
3
Incite unlawful act
4
0.5
Advertisements
2
Total*
956
100

* One complaint may raise multiple grounds.

 

Table 16: Racial Discrimination Act – Complaints received by area

Racial Discrimination Act – Areas
Number
Percentage
Rights to equality before the law
1
Access to places and facilities
5
1
Land, housing, other accommodation
7
2
Provision of goods and services
140
29
Right to join trade unions
Employment
178
37
Education
15
3
Other – section 9
18
4
Racial hatred
116
24
Total*
480
100

* One complaint may relate to more than one area.

Table 17: Racial hatred complaints received by sub-area

Racial hatred sub-areas
Number
Percentage
Media – press/TV/radio
12
10
Disputes between neighbours
8
7
Personal conflict
17
14
Employment
31
27
Racist propaganda
2
2
Internet – email/webpage/chat room
12
10
Entertainment
1
1
Sport
1
1
Public debate
Provision of goods and services
30
26
Education
2
2
Total
116
100

 

Table 18: Racial Discrimination Act – Outcomes of finalised complaints

Racial Discrimination Act – Outcomes
Number
Terminated
108
At complainant’s request – s.46PE
Not unlawful
More than 12 months old
4
Trivial, vexatious, frivolous, misconceived, lacking in substance
18
Adequately dealt with already
More appropriate remedy available
Subject matter of public importance
No reasonable prospect of conciliation
86
Discontinued*
41
Withdrawn**
60
Conciliated
209
Administrative closure***
25
Total
443

* A complaint may be discontinued where a complainant does not respond to the Commission’s attempts to contact them, including after being provided with an assessment of the complaint.
** This category includes where a complainant withdraws due to personal circumstances or where they decide not to proceed after reviewing information from the respondent or being provided with information about the law and/or a preliminary assessment of the complaint.
*** Includes where complaint is not lodged by or on behalf of an aggrieved person and where a complaint has also been lodged under State or Territory anti-discrimination law.

Sex Discrimination Act

Table 19: Sex Discrimination Act – Complaints received and finalised

Sex Discrimination Act
Total
Received
474
Finalised
451

 

Table 20: Sex Discrimination Act – Complaints received by complainant category

Sex Discrimination Act – Complainant category
Number
Percentage
Female
382
81
Male
90
19
Intersex
2
Other category*
Total
474
100

* Includes sex not specified, joint/multiple complainants and organisations.

 

Table 21: Sex Discrimination Act – Complaints received by ground

Sex Discrimination Act – Grounds
Number
Percentage
Sex discrimination
572
46
Marital or relationship status
32
3
Pregnancy
159
13
Sexual harassment
222
18
Family responsibilities
77
6
Breastfeeding
13
1
Gender identity
36
3
Intersex
3
Sexual orientation
35
3
Victimisation
58
5
Causes, instructs, induces, aids or permits an unlawful act
 
23
 
2
Advertisements
1
Total*
1 231
100

* One complaint may raise multiple grounds.

 

Table 22: Sex Discrimination Act – Complaints received by area

Sex Discrimination Act – Areas
Number
Percentage
Employment
398
80
Goods, services and facilities
73
15
Land
Accommodation
4
1
Superannuation and insurance
4
1
Education
10
2
Clubs
2
Administration of Commonwealth laws and programs
 
7
 
1
Requests for information
Registered organisations
Qualifying bodies
1
Total*
499
100

* One complaint may relate to more than one area.

 

Table 23: Sex Discrimination Act – Outcomes of finalised complaints

Sex Discrimination Act – Outcomes
Number
Terminated
82
At complainant’s request – s.46PE
Not unlawful
More than 12 months old
6
Trivial, vexatious, frivolous, misconceived, lacking in substance
4
Adequately dealt with already
More appropriate remedy available
Subject matter of public importance
No reasonable prospect of conciliation
72
Discontinued*
42
Withdrawn**
46
Conciliated
251
Administrative closure***
30
Total
451

* A complaint may be discontinued where a complainant does not respond to the Commission’s attempts to contact them, including after being provided with an assessment of the complaint.
** This category includes where a complainant withdraws due to personal circumstances or where they decide not to proceed after reviewing information from the respondent or being provided with information about the law and/or a preliminary assessment of the complaint.
*** Includes where complaint is not lodged by or on behalf of an aggrieved person and where a complaint has also been lodged under State or Territory anti-discrimination law.

Disability Discrimination Act

Table 24: Disability Discrimination Act – Complaints received and finalised

Disability Discrimination Act
Total
Received
830
Finalised
796

 

Table 25: Nature of complainant’s disability

Disability Discrimination Act – Complainant’s disability
Number
Percentage
Physical disability
178
18
A mobility aid is used (eg walking frame or wheelchair)
 
93
 
10
Physical disfigurement
13
1
Presence in the body of organisms causing disease (HIV/AIDS)
 
4
 
1
Presence in the body of organisms causing disease (other)
 
16
 
2
Mental health/psychosocial disability
177
18
Neurological disability (eg epilepsy)
59
6
Intellectual disability
29
3
Learning disability
31
3
Sensory disability (hearing impaired)
30
3
Sensory disability (deaf)
22
2
Sensory disability (vision impaired)
32
3
Sensory disability (blind)
42
4
Work-related injury
29
3
Medical condition (eg diabetes)
73
8
Other
145
15
Total*
973
100

* One complainant may have multiple disabilities.
 

Table 26: Disability Discrimination Act – Complaints received by ground

Disability Discrimination Act – Grounds
Number
Percentage
Disability of person(s) aggrieved
1 521
80
Associate
88
5
Person assisted by trained animal
30
2
Accompanied by carer or assistant
8
Disability aid
56
3
Harassment
17
1
Victimisation
20
1
Causes, instructs, induces, aids or permits an unlawful act
 
41
 
2
Incites unlawful act
Advertisements
Unlawful to contravene disability standard
109
6
Total*
1 890
100

* One complaint may raise multiple grounds.

 

Table 27: Disability Discrimination Act – Complaints received by area

Disability Discrimination Act – Areas
Number
Percentage
Employment
337
33
Goods, services and facilities
404
39
Access to premises
83
8
Land
2
Accommodation
32
3
Superannuation, insurance
13
1
Education
87
8
Clubs, incorporated associations
25
2
Administration of Commonwealth laws and programs
 
46
 
5
Sport
4
Requests for information
1
Qualifying bodies
5
1
Registered organisations
Total*
1 039
100

* One complaint may relate to more than one area.
 

Table 28: Disability Discrimination Act – Outcomes of finalised complaints

Disability Discrimination Act – Outcomes
Number
Terminated
207
At complainant’s request – s.46PE
Not unlawful
2
More than 12 months old
13
Trivial, vexatious, frivolous, misconceived, lacking in substance
15
Adequately dealt with already
2
More appropriate remedy available
2
Subject matter of public importance
No reasonable prospect of conciliation
173
Discontinued*
52
Withdrawn**
109
Conciliated
404
Administrative closure***
24
Total
796

* A complaint may be discontinued where a complainant does not respond to the Commission’s attempts to contact them, including after being provided with an assessment of the complaint.
** This category includes where a complainant withdraws due to personal circumstances or where they decide not to proceed after reviewing information from the respondent or being provided with information about the law and/or a preliminary assessment of the complaint.
*** Includes where complaint is not lodged by or on behalf of an aggrieved person and where a complaint has also been lodged under State or Territory anti-discrimination law.

Age Discrimination Act

Table 29: Age Discrimination Act – Complaints received and finalised

Age Discrimination Act
Total
Received
184
Finalised
168

 

Table 30: Age Discrimination Act – Complaints received by ground

Age Discrimination Act – Grounds
Number
Percentage
Age – direct
175
62
Age – indirect
86
31
Causes, instructs, induces, aids or permits an unlawful act
9
3
Victimisation
5
2
Advertisements
6
2
Total*
281
100

* One complaint may raise multiple grounds.

 

Table 31: Age Discrimination Act – Age group of complainant

Age Discrimination Act – Complainant age group
Number
Percentage
0-12 years
5
3
13-17 years
5
3
18-24 years
10
6
25-34 years
15
8
35-44 years
17
9
45-54 years
24
13
55-64 years
57
31
65-74 years
32
17
Older than 75 years
19
10
Total
184
100

 

Table 32: Age Discrimination Act – Complaints received by area

Age Discrimination Act – Areas
Number
Percentage
Employment
128
62
Goods, services and facilities
49
24
Access to premises
5
2
Land
Accommodation
3
2
Advertisements
Superannuation, insurance
9
4
Education
2
1
Administration of Commonwealth laws and programs
9
4
Sport
Requests for information
Registered organisations
Qualifying bodies
1
1
Victimisation
Total*
206
100

* One complaint may relate to more than one area.

 

Table 33: Age Discrimination Act – Outcomes of finalised complaints

Age Discrimination Act – Outcomes
Number
Terminated
34
At complainant’s request – s.46PE
Not unlawful
More than 12 months old
2
Trivial, vexatious, frivolous, misconceived, lacking in substance
6
Adequately dealt with already
More appropriate remedy available
Subject matter of public importance
No reasonable prospect of conciliation
26
Discontinued*
23
Withdrawn**
34
Conciliated
75
Administrative closure***
2
Total
168

* A complaint may be discontinued where a complainant does not respond to the Commission’s attempts to contact them, including after being provided with an assessment of the complaint.
** This category includes where a complainant withdraws due to personal circumstances or where they decide not to proceed after reviewing information from the respondent or being provided with information about the law and/or a preliminary assessment of the complaint.
*** Includes where complaint is not lodged by or on behalf of an aggrieved person and where a complaint has also been lodged under State or Territory anti-discrimination law.
 

Australian Human Rights Commission Act (AHRCA)

Table 34: AHRCA – Complaints received and finalised

Australian Human Rights Commission Act
Total
Received
355
Finalised
320

 

Table 35: AHRCA – Complaints received by ground

Australian Human Rights Commission Act – Grounds
Number
Percentage
Religion (ILO 111)
24
6
Political opinion (ILO 111)
Social origin (ILO 111)
Medical record (ILO 111)
Criminal record (ILO 111)
68
16
Sexual preference (ILO 111)
3
1
Trade union activity (ILO 111)
6
1
International Covenant on Civil and Political Rights
 
185
 
43
Convention on the Rights of the Child
100
23
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
 
38
 
9
Victimisation
4
1
Total*
429
100

* One complaint may raise multiple grounds.

 

Table 36: AHRCA – Complaints received by area

Australian Human Rights Commission Act – Areas
Number
Percentage
Acts or practices of the Commonwealth
253
71
Employment
101
29
Not act or practice of the Commonwealth (not employment cases)
 
1
 
Total
355
100

 

Table 37: AHRCA – Outcomes of finalised complaints

Australian Human Rights Commission Act – Outcomes
Number
 
Declined
 
168
Does not constitute discrimination
5
Not inconsistent or contrary to any human right
1
More than 12 months old
2
Trivial, vexatious, frivolous, misconceived, lacking in substance
31
Adequately dealt with already
9
More appropriate remedy available
6
Withdrawn, does not wish to pursue, advised the Commission
89
Withdrawn, does not wish to pursue, settled outside the Commission
 
5
Discontinued – lost contact
20
Conciliated
78
Referred for reporting*
70
Administrative closure
4
Total
320

* Complaints in this category could not be conciliated and were transferred from the Commission’s Investigation and Conciliation Section to the Legal Section for further inquiry and possible reporting.