Annual Report 2002-2003: Appendices

Human Rights and Equal Opportunity Commission: Annual Report 2002 - 2003

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Appendices

• Appendix 1

• Appendix 2

• Appendix 3

• Appendix 4

• Appendix 5

Appendix 1

International Instruments observed under legislation administered by the Human Rights and Equal Opportunity Commission

Human Rights and Equal Opportunity Commission Act

The International Covenant on Civil and Political Rights deals with many human rights and includes the right without discrimination to:

• freedom from torture or cruel and inhumane punishment
• equality before the law
• humane treatment if deprived of liberty
• freedom of thought, conscience and religion
• peaceful assembly
• a vote and election by equal suffrage
• marriage and family.

The Declaration of the Rights of the Child provides that every child has the right to:

• a name and nationality
• adequate nutrition, housing and medical services
• education
• special treatment, education and care if the child has a disability
• adequate care, affection and security
• protection from neglect, cruelty and exploitation.

The Declaration on the Rights of Disabled Persons provides that people with disabilities have the right to:

• respect and dignity
• assistance to enable them to become as self reliant as possible
• education, training and work
• family and social life
• protection from discriminatory treatment.

The Declaration on the Rights of Mentally Retarded Persons provides that people with a mental disability have the right to:

• proper medical care and therapy
• protection from exploitation, abuse and degrading treatment
• a decent standard of living
• education, training and work
• due process of law
• review of procedures which may deny them these rights.

The International Labour Organisation Convention 111 deals with discrimination in employment and occupation. Australian adherence to this Convention provides that all people have the right to equal treatment in employment and occupation without discrimination on the basis of:

• race
• colour
• sex
• religion
• political opinion
• national extraction
• social origin
• age
• medical record
• criminal record
• sexual preference
• trade union activity
• marital status
• nationality
• disability (whether physical, intellectual, psychiatric or mental)
• impairment (including HIV/AIDS status).

The Convention on the Rights of the Child confirms that children are entitled to the full range of human rights recognised in international law (subject to limitations relating to their capacity to exercise these rights and to the responsibilities of families). The Convention also recognises a range of rights relating to the special needs of children. It seeks to ensure that the protection of these rights in law and practice is improved.

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief became part of the definition of human rights for the purposes of the Human Rights and Equal Opportunity Act on 24 February 1994. The Declaration recognises the right to freedom of religion. The only limitations to this right are those prescribed by law and which are necessary to protect public safety, order, health, morals or the fundamental rights and freedoms of others.

Racial Discrimination Act

The International Convention on the Elimination of All Forms of Racial Discrimination aims at the elimination of all forms of racial discrimination in order to promote understanding between races and provide freedom from racial segregation. It is entered into force for Australia by the Commonwealth Racial Discrimination Act 1975 in which it is scheduled.

Sex Discrimination Act

The Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour (ILO) Convention 156 are multilateral agreements adopted under the auspices of the General Assembly of the United Nations in 1979. The Conventions recognise the civil, political, economic, social and cultural rights of women. The Commonwealth Sex Discrimination Act 1984 implemented the Convention into Australian law.

Appendix 2

Commission publications released during 2002–03

General

Human Rights and Equal Opportunity Commission Annual Report 2001–02 (tabled report)

The Complaint Guide : An introduction for people considering making a complaint, or responding to a complaint before the Human Rights and Equal Opportunity Commission (updated)

Indigenous Complaints Guide: Discrimination - Know Your Rights

Change and Continuity: Review of the Federal Unlawful Discrimination Jurisdiction

Review of Changes to the Administration of Federal Anti-Discrimination law: Reflections on the initial period of operation of the Human Rights Legislation Amendment Act (No.1) 1999 (Cth)

2002 Human Rights Award and Medals brochure

Aboriginal and Torres Strait Islander Social Justice

Social Justice Report 2002 (tabled report)

Native Title Report 2002 (tabled report)

Development and Indigenous Land: A Human Rights Approach

Native Title and Human Rights – General Pamphlet about Native Title

Benchmarking Reconciliation and Human Rights – Workshop report, November 2002

Disability Rights

Don't Judge What I Can Do By What You Think I Can't : Ten years of achievements using Australia's Disability Discrimination Act

Human Rights

A report on visits to immigration detention facilities by the Human Rights Commissioner (2001)

HREOC Report No. 19 – Report of inquiries into complaints of discrimination in employment on the basis of criminal record – Mr Mark Hall v NSW Thoroughbred Racing Board (2002)

HREOC Report No. 20 – Report of inquiries into complaints of discrimination in employment on the basis of criminal record – Ms Renai Christensen v Adelaide Casino Pty Ltd (2002)

HREOC Report No. 21 – Report of an inquiry into a complaint by six asylum seekers concerning their transfer from immigration detention centres to State prisons and their detention in those prisons (2002)

HREOC Report No. 22 – Report of an inquiry into a complaint by Mr XY concerning his continuing detention despite having completed his criminal sentence (2002)

HREOC Report No. 23 – Report of an inquiry into a complaint by Mr Hassan Ghomwari concerning his immigration detention and the adequacy of the medical treatment he received while detained (2002)

HREOC Report No. 24 – Report of an inquiry into complaints by five asylum seekers concerning their detention in the separation and management block at the Port Hedland Immigration Reception and Processing Centre (2002)

HREOC Report No. 25 – Report of an inquiry into a complaint by Mr Mohammed Badraie on behalf of his son Shayan regarding acts or practices of the Commonwealth of Australia (the Department of Immigration, Multicultural and Indigenous Affairs) (2002)

Racial Discrimination

Isma newsletters - No. 1 (May 2003) and No. 2 (June 2003).

Race Discrimination Fact Sheets

Erace forum papers (online)

Cyber-racism background paper (online)

Cyber-racism Symposium report (online)

Sex Discrimination

A Time to Value: Proposal for a Paid Maternity Leave scheme

Appendix 3

Freedom of Information

The Freedom of Information Act gives the general public legal access to government documents.

Freedom of Information statistics

During 2002–03, the Commission received 13 requests for access to documents under the Freedom of Information Act:

• All requests for access to documents related to complaints.
• Two of the requests were discontinued.

A total of nine applications were processed.

Categories of documents

Documents held by the Commission relate to:

• administration matters, including personnel, recruitment, accounts, purchasing, registers, registry, library records and indices;
• complaint handling matters, including the investigation, clarification and resolution of complaints;
• legal matters, including legal documents, opinion, advice and representations;
• research matters, including research papers in relation to complaints, existing or proposed legislative practices, public education, national inquiries and other relevant issues;
• policy matters, including minutes of Commission meetings, administrative and operational guidelines;
• operational matters, including files on formal inquiries; and
• reference materials, including press clippings, survey and research materials, documents relating to conferences, seminars and those contained in the library.

Freedom of Information procedures

Initial inquiries about access to Commission documents should be directed to the Freedom of Information Officer by either telephoning (02) 9284 9600 or by writing to:

Freedom of Information Officer Human Rights and Equal Opportunity Commission GPO Box 5218 Sydney, NSW 1042

Procedures for dealing with Freedom of Information requests are detailed in section 15 of the Freedom of Information Act. A valid request must:

• Be in writing
• Be accompanied by a payment of $30 application fee
• Include the name and address of the person requesting the information
• Specify the documents to be accessed
• Be processed within 30 days of receipt.

Appendix 4

The Complaint Handling Process

* When complaints under the Racial, Sex and Disability Discrimination Acts are terminated, the complainant may apply to have the allegations heard and determined by the Federal Court or the Federal Magistrates Service.

** Complaints under the Human Rights and Equal Opportunity Commission Act concerning discrimination in employment or a breach of human rights, which cannot be conciliated, cannot be taken to the Federal Court. If the President is satisfied that the subject matter of the complaint constitutes discrimination or a breach of human rights these findings are reported to the Attorney-General for tabling in Parliament.

Appendix 5

Human resources and administrative services

Performance management and staff development

The Commission's Performance Management Scheme provides a framework to manage and develop our staff to achieve our corporate objectives. The scheme provides regular and formal assessment of an employee's work performance and allows for access to training and skill development.

The Commission's Certified Agreement recognises the need to provide adequate training for staff to support workplace changes. This is especially relevant with changes in the information technology area where staff are provided with relevant and ongoing computer training.

As part of the Commission's staff development strategy, staff are provided with support under our Studies Assistance policy. The policy provides for access to study leave where study is relevant to the work of the Commission, an individual's work responsibilities and where it assists with career development.

Workplace diversity and equal employment opportunity

The Commission recognises that diversity in our staff is one of our greatest strengths and assets and is committed to valuing and promoting the principles of workplace diversity through our work practices. The Commission's Workplace Diversity Plan has been in operation since September 1999 and was reviewed in 2002–03 by the Workplace Diversity Committee, which assessed that the majority of performance indicators were being met. In the latter part of 2003 the Committee will develop a new Workplace Diversity Plan. Committee members attended a workshop on the retention and recruitment of Indigenous staff and will develop strategies for the plan.

Cultural awareness training was held for all Commission staff in July 2002 and staff also celebrated NAIDOC week and the International Day for People with Disabilities during the year. The Commission again supported an Indigenous trainee under a 12-month training program as part of the Commission's Indigenous employment strategy to assist in the employment and development of Indigenous staff. Other strategies under the plan include supporting staff with family responsibilities, such as: part-time work and supporting employment opportunities for people with disabilities.

Occupational health and safety

The Commission's Health and Safety Committee includes a staff health and safety representative and four corporate support staff who met regularly through the year. A hazards survey was conducted in November 2002 and no major problems were identified. The Committee monitor any OH&S issues that arise and personnel staff attend COMCARE forums. Ongoing assistance and support on OH&S and ergonomic issues is provided to new and existing staff. There have been no dangerous accidents or occurrences reported.

The Commission continues to provide staff with access to counselling services through its Employee Assistance Program. This is a free, confidential service for staff and their families which provides counselling on personal and work-related problems if required.

Workplace relations and employment

Staff at the Commission are employed under section 22 of the Public Service Act 1999 . The Commission's current Agreement was certified by the Australian Industrial Relations Commission on 19 December 2002 and is in operation until 15 July 2005. The Agreement is comprehensive and was certified under section 170LJ of the Workplace Relations Act 1976.

The number of Commission employees covered by the Agreement as at 30 June 2002 was 109, including both ongoing and non-ongoing staff. Productivity savings funded a 12 percent salary increase to staff, delivered in three instalments over the life of the Agreement. Redundancy benefits were changed, with a reduction to the retention periods from 13 and seven months to three months and an early separation payment in lieu of notice periods. Travelling allowances were aligned to the Australian Taxation Office's rulings on reasonable daily travel allowance and a private non-commercial rate for travelling allowance was introduced. The Agreement maintains core employment conditions and supports family friendly policies. Staff are able to purchase additional leave and access further benefits such as salary packaging and cashing out five days recreation leave (subject to conditions). Salary progression within classification levels is subject to performance assessment. Salary ranges are reflected in the table below. The Commission has five staff covered by Australian Workplace Agreements, including one Senior Executive level staff member.

The Commission provides corporate support to the Office of the Federal Privacy Commissioner (OFPC). The OFPC is co-located with the Commission and has negotiated a Memorandum of Understanding for the provision of corporate support.

Staffing overview

The Commission's average staffing level for 2002–03 was 95 staff with a turnover of 14 percent for ongoing staff. This was a similar turnover to the two previous financial years. In order to meet some short-term staffing needs for the year additional non-ongoing staff were employed. An overview of the Commission's staffing profile as at 30 June 2003 is summarised in the table below.

Consultancy services

During 2002–03 the Commission used a range of consultancy services where there was, for example, a need for rapid access to latest technology and experience in its application; lack of in-house resources; the need for independent study; or a need for a change agent or facilitator. There were 12 consultants under engagement during the financial year and total payments of $350,686.03 were made to consultants. A full listing of the names and amounts is available on the Commission website at www.humanrights.gov.au .

Purchasing

The Commission's purchasing procedures are based on the Commonwealth Procurement Guidelines issued by the Department of Finance and Administration. The procedures address a wide range of purchasing situations, allowing managers to be flexible when making purchasing decisions whilst complying with the Commonwealth's core principle of value for money.

Ecologically sustainable development and environmental performance

The Commission uses energy saving methods in its operations and endeavours to make the best use of resources.

The Commission has implemented a number of environmental initiatives to ensure issues of environmental impact are addressed. Waste paper, cardboard, printer cartridges and other recyclable materials are recycled subject to the availability of appropriate recycling schemes. Preference is given to environmentally sound products when purchasing office supplies. Purchase and/or leasing of “Energy Star” rated office machines and equipment is encouraged, as are machines with ‘power save' features.

Fraud control

The Commission has prepared a fraud risk assessment and fraud control plan and has procedures and processes in place to assist in the process of fraud prevention, detection, investigation and reporting in line with the Commonwealth Fraud Control Guidelines. The Fraud Control Plan is made available electronically to all Commission staff.

Commonwealth Disability Strategy

The Commission along with all other Australian Government agencies reports against the CDS performance framework annually. Full details on the CDS can be found on the Department of Family and Community Services website at www.facs.gov.au/disability/cds .

Through the CDS, the government seeks to ensure its policies, programs and services are as accessible to people with disabilities as they are to all other Australians. This of course is integral to the work of the Commission and evident in the work we do. The CDS identifies five core roles that may be relevant to the agency. The Commission's primary roles are that of policy adviser, service provider and employer. Full details on the policies and services highlighted in the appendices can be found within the relevant section of the Annual Report.

The Commission's last Disability Action Plan was reviewed in 2001 and this can be found on the Commission's website. The Commission is in the process of developing a new action plan. The Commission is committed to implementing best practices in providing and improving access to its services for people with disabilities. In particular, our Complaint Handling processes, online access to our services, website and education material, and consultation with disability groups provide examples of what we are doing to achieve this. Further details of these can be found within the Annual Report.

COMMONWEALTH DISABILITY STRATEGY PERFORMANCE

REPORTING JUNE 2003

Further details on programs and policies outlined against the performance indicators can be found in the relevant section of the annual report.

Policy Advisor Role

Performance Indicator 1:

New or revised policy/program assess impact on the lives of people with disabilities prior to decision

Performance measure

• Percentage of new or revised policy/program proposals that document that the impact of the proposal was considered prior to the decision making stage.

Current level of performance 2002–03

• Commission public inquiries and exemption applications target people with disabilities to seek views on the issue before finalisation. In the Disability Discrimination Unit (DDU) compliance is 100 percent.
• National peak disability groups and selected regional groups are consulted on new projects in development phase to seek their views on impact. In the DDU compliance is 100 percent
• All submissions to inquiries are taken in a range of formats, including verbal/audio (transcribed by the Commission), email, and handwritten letters. All new initiatives are made available publicly through the Commission's website and key disability organisations are informed of developments through the Commission's mailing lists
• Views on Commission projects are sought through extensive use of e-based, networks including disability specific discussion groups and bulletin boards.
• Disability-related email discussion lists are monitored for relevant policy issues and are used to announce calls for submissions.
• 100 percent compliance in the DDU.

Performance Indicator 2:

People with disabilities are included in consultation about new or revised policy/program proposals

Performance measure

• Percentage of consultations about new or revised policy/ program proposals that are developed in consultation with people with disabilities.

Current level of performance 2002–03

• Where consultation on any DDU policy/program occurs the views of people with disabilities are sought through direct contact with representative organisations and through invitation to respond through the Commissions website. Examples include the development of the Standard on Access to Premises and the Agreement with TV Broadcasters to Increased Captioning. Full details can be found in the Annual Report.
• Public consultation events all occur in accessible venues with hearing augmentation and sign language interpreters available.
• 100 percent compliance.

Performance Indicator 3:

Public announcements of new, revised or proposed policy/program initiatives are available in accessible formats for people with disabilities in a timely manner

Performance measure

• Percentage of new, revised or proposed policy/program announcements available in a range of accessible formats.
• Time taken in providing announcements in accessible formats.

Current level of performance 2002–03

• All information about new Commission initiatives is available on a W3C/WAI compliant website simultaneous with public release. For more information on accessibility compliance refer to http://www.w3c.org . Performance measure for web release = 100 percent.

• 100 percent of announcements and information material available in accessible electronic format.
• 100 percent available in standard print, large print, audio and Braille on request.
• Time taken to produce in other than electronic format varies according to size of document, but generally within seven days.
• E-mail lists deliver information and links to several thousand subscribers. All national disability peak organisations subscribe to this list.

Provider Role

Further details on the Commission's Complaint Handling function, with a full description of its services and relevant statistics can be found in the Complaint Handling Section of the Annual Report.

Performance Indicator 1:

Complaints information service provides information about complaint handling service to people with disabilities

Performance measure

• Complaints information service accessible to people with disabilities.
• Number of calls/e-mails/visits to complaints information service related to disability issues.
• Number of groups that attended Complaint Handling information session, or were visited by the Complaint Handling Section (CHS) during regional and interstate visits included disability advocacy and disability legal services.

Current level of performance 2002–03

• Commission complaints information is available in electronic and alternative formats. E-mail facility and accessible online complaint form for the lodgement of complaints is available. Telephone and TTY facilities are available with a national 1300 number at local call cost.
• All Complaint Handling brochures and publications are available on the Commission website in accessible electronic format and are available in alternative formats on request. Information about the complaints process and legislation is available in plain English format on the Commission's website. The website is updated regularly.
• 21 percent of phone/email/written enquiries to the CIS related to disability issues.
• 172 groups attended a CHS session or were visited by CHS staff.
• A Complaints information referral list is updated regularly to ensure callers with disabilities can be referred to appropriate advocacy groups and other appropriate services.

Goals 2003–04

• Increase targeted community education and liaison to disability groups and advocacy organisations in all states in particular regional areas.
• Development of an easy English information sheet about the complaint process for use by people with intellectual disabilities.

Performance Indicator 2:

Complaint handling service accessible to people with disabilities

Performance measure

• Number of complaints received under the DDA.
• Number of complaints lodged by people with disabilities under all legislation administered by the Commission.
• Number of complainants who identify the need for specific assistance on intake form.
• Complaints received about accessibility of service.

Current level of performance 2002–03

• 492 complaints were received under DDA legislation for 2002–03. Refer to the Complaints handling section of the Annual Report for further details.
• Complaints were received from people identifying as having a disability under all Acts administered by the Commission. 52 percent of responses to a demographics question indicated the complainant had a disability.
• 53 requests for assistance were recorded, including assistance with language interpreters and sign language interpreters, TTY, and assistance with writing.
• There were no formal complaints received regarding accessibility of the Commission complaint handling service or premises. Performance measure = 100 percent.
• The Commission's premises are accessible. Premises used for remote conciliations conferences are accessible. Performance measure = 100%.
• The Complaint Handling Section (CHS) Access Committee reviews access to the CHS service by the community, including specific focus on people with disabilities. Further details are available in the Annual Report.

Performance Indicator 3:

Staff training and development, includes training related to people with disabilities

Performance measure

• Percentage of training programs that include information regarding people with disabilities and relevance to complaint handling processes.

Current level of performance 2002–03

• CHS investigation and conciliation training courses include specific training on accommodating people with disabilities in the complaint handling investigation and conciliation processes. Performance measure = 100 percent.
• Ad hoc CHS training sessions specifically address relevance to people with disabilities who use complaint handling services. Performance measure = 100 percent.
• CHS Complaint Handling Manual advises staff to consider reasonable accommodation for people with disabilities is provided during the investigation and conciliation process, such as provision of Auslan interpreters, use of TTY, use of alternative formats for information. Performance measure = 100 percent.

Performance Indicator 4:

Complaint mechanism in place to address concerns raised about service and addresses requirements of people with disabilities

Performance measure

• Established complaint/grievance mechanism in operation. Detailed in Charter of service which is provided to all parties to a complaint and available on website. Provided in alternative format on request.

Current level of performance 2002–03

• Charter of Service addresses roles and responsibilities of HREOC and parties.
• One complaints about accessibility of service or disability related issues were received under the Charter in the year.
• Performance measure = 99 percent.

Employer Role

Performance Indicator 1:

Employment policies, procedures and practices comply with the requirements of the Disability Discrimination Act 1992

Performance Measure

• Number of employment policies, procedures and practices that meet the requirements of the Disability Discrimination Act 1992.

Current level of performance 2002–03

• The Corporate Plan includes reference to APS values and social justice principles to ensure access to the Commission's services.
• The Commission's Certified Agreement 2002–2005 contains reference to Workplace Diversity principles. Most of the Commission's policies on employment are contained within the Certified Agreement.
• The Workplace Diversity Plan (WDP) outlines strategies to maximise employment opportunities for people with disabilities. All new staff on induction are provided with a copy of the WDP.
• The E-mail/internet policy is reviewed annually. It specifically refers to the inappropriate use of emails that may demean people with disabilities.
• No formal complaints/grievances made by staff with disabilities with regard to current work practices.
• Reasonable adjustment principles are adhered to in the modification of an employees duties in the workplace. Two employees have been provided with special voice activated software to enable them to undertake their duties.

Performance Indicator 2:

Recruitment information for potential job applicants is available in accessible formats on request

Performance measure

• Percentage of recruitment information requested and provided in alternate electronic formats and accessible formats other than electronic.
• Average time taken to provide accessible information in electronic formats and formats other than electronic. Current level of performance 2002–03
• Performance in providing accessible formats for recruitment material = 100 percent.

• Applicants are advised on the Commission's website that recruitment information is able to be provided in any format. All recruitment material is on the Commission's website and available by download simultaneously as advertising in the press. Advertisements in the press advise that information is available at contact phone no, by TTY phone and on the Commission's website. The Commission website meets the criteria for accessibility as outlined in the Government Online Strategy. The Jobs page at www.humanrights.gov.au/jobs/index.html received approx 49 265 page views during the period 1 July 2002 – 30 June 2003.

• There were no requests for Braille during 2002–03. The Commission is able to supply any requests within three to seven days.

Actions for 2002–03

• Monitor use of the website and requests for alternate formats.

Performance Indicator 3:

Agency recruiters and managers apply the principle of reasonable adjustment

Performance measure

• Percentage of recruiters and managers provided with information on reasonable adjustment.

Current level of performance 2002–03

• Selection guidelines include information on reasonable adjustment and guidelines for interviewing staff with disabilities.
• Recruitment action is managed internally and not outsourced and all committees are provided with selection information on reasonable adjustment.

Performance Indicator 4:

Training and development programs consider the needs of staff with disabilities

Performance measure

• Percentage of training and development programs that consider the needs of staff with disabilities.

Current level of performance 2002–03

• Due to the small number of staff in the Agency, training is co-ordinated by each of the unit managers under the Commission's Performance Management scheme. The majority of training is provided off-site with external providers. Any in-house training programs recognise the needs of people with disabilities.
• Training nomination forms include specific requirements that may be needed such as:
• wheelchair access
• accessible toilets/parking
• a hearing device
• sign language interpreter
• an attendant
• a support person
• information in Braille, audio cassette, large print, ASCII format.

Performance Indicator 5:

Training and development programs include information on disability issues as they relate to the content of the program

Performance measure

• Percentage of training and development programs that include information on disability issues as they relate to the program.

Current level of performance 2002–03

• As noted, above training is coordinated by each individual section.
• Induction includes information on Workplace Diversity and relevant legislation that the Commission administers, including the Disability Discrimination Act.
• The Complaint Handling section conducts training and information on disability issues for staff.
• Commission staff observed International Day of People with Disabilities in December 2002 as an activity under the Commission's Workplace Diversity Plan and awareness raising for staff.

Actions 2003–04

• An in-house session on disability awareness is planned for staff.

Performance Indicator 6:

Complaint/grievance mechanism, including access to external mechanisms, in place to address issues and concerns by staff

Performance measure

• Established complaints/grievance mechanisms, including access to external mechanisms in operation.

Current level of performance 2002–03

• There is an established process in the HREOC Certified Agreement 2002–2005 for complaints grievances, which includes access to external review through the Australian Public Service Commission.
• All staff are advised of access to the Commission's Employee Assistance Program and encouraged to use this service when needed. This free service provides counselling and support for staff and their families.
• Provision of access to complaints/grievance mechanisms = 100 percent.

Note: Accessible electronic formats include ASCII or text files and html for the web. Non-electronic accessible formats include Braille, audio cassette, large print and easy English. Other ways of making information available include: video captioning and Auslan interpreters.