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

Table 2: Enquiries received by mode of contact

Table 3: Enquiries received by State/Territory of enquirer

Complaints overview

Table 4: Complaints received in 2013-14

* 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

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

* 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

Table 8: Complaints received by State/Territory of complainant

Table 9: Complaints received and finalised by Act

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

Table 11: Country of birth of complainants

Table 12: Aboriginal and Torres Strait Islander status of complainants

Table 13: Time from receipt to finalisation for finalised complaints

Racial Discrimination Act

Table 14: Racial Discrimination Act – Complaints received and finalised

Table 15: Racial Discrimination Act – Complaints received by ground

* One complaint may raise multiple grounds.

Table 16: Racial Discrimination Act – Complaints received by area

* One complaint may relate to more than one area.

Table 17: Racial hatred complaints received by sub-area

Table 18: Racial Discrimination Act – Outcomes of finalised complaints

* 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

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

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

Table 21: Sex Discrimination Act – Complaints received by ground

* One complaint may raise multiple grounds.

Table 22: Sex Discrimination Act – Complaints received by area

* One complaint may relate to more than one area.

Table 23: Sex Discrimination Act – Outcomes of finalised complaints

* 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

Table 25: Nature of complainant's disability

* One complainant may have multiple disabilities.

Table 26: Disability Discrimination Act – Complaints received by ground

* One complaint may raise multiple grounds.

Table 27: Disability Discrimination Act – Complaints received by area

* One complaint may relate to more than one area.

Table 28: Disability Discrimination Act – Outcomes of finalised complaints

* 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

Table 30: Age Discrimination Act – Complaints received by ground

* One complaint may raise multiple grounds.

Table 31: Age Discrimination Act – Age group of complainant

Table 32: Age Discrimination Act – Complaints received by area

* One complaint may relate to more than one area.

Table 33: Age Discrimination Act – Outcomes of finalised complaints

* 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

Table 35: AHRCA – Complaints received by ground

* One complaint may raise multiple grounds.

Table 36: AHRCA – Complaints received by area

Table 37: AHRCA – Outcomes of finalised complaints

* 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.