Appendices 3 - Annual Report 2011-2012: Australian Human Rights Commission
Access complaints and enquiries data from the 2011-12 Annual Report, showing 17,047 enquiries and 2,610 complaints-the highest number in a decade.
Summary
In 2011–12 the Commission received 17 047 enquiries and 2 610 complaints. This is the highest number of complaints received over the past 10 years and 21% higher than the number of complaints received in the previous reporting year.
Appendices
Appendix 3 – Complaint statistics
Enquiries and complaints received
In 2011–12 the Commission received 17 047 enquiries and 2 610 complaints. This is the highest number of complaints received over the past 10 years and 21% higher than the number of complaints received in the previous reporting year.
- 37% of complaints were lodged under the Disability Discrimination Act
- 19% of complaints were lodged under the Sex Discrimination Act
- 18% of complaints were lodged under the Racial Discrimination Act
- 18% of complaints were lodged under the Australian Human Rights Commission Act
- 8% of complaints were lodged under the Age Discrimination Act.
Conciliation of complaints
Of the complaints finalised in 2011–12, 48% were conciliated. Of those matters where conciliation was attempted, 66% were able to be resolved.
Complaints under the Australian Human Rights Commission Act had the highest conciliation rate (54%) and the highest conciliation success rate (88%).
Complaints under the Age Discrimination Act had a conciliation rate of 48% and a conciliation success rate of 69%.
Complaints under the Racial Discrimination Act had a 48% conciliation rate and a conciliation success rate of 63%.
Complaints under the Disability Discrimination Act had a 48% conciliation rate and a conciliation success rate of 62%
Complaints under the Sex Discrimination Act had a conciliation rate of 43% and a conciliation success rate of 60%.
Demographic data
Information 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 53% of complaints were lodged by individual males, 45% by individual females and 2% by other categories. Other categories include intersex, sex not specified, joint/multiple complainants and organisations on behalf of others.
Where referral source was identified, 61% of complainants reported that they knew about the Commission prior to lodging their complaint. The other main identified referral sources were the internet (9%), family members or friends (8%), a government agency (5%) and specialist advocacy agencies such as advocacy agencies for people with disabilities, women or Indigenous Australians (4%).
The majority of complainants (65%) indicated that their main source of income at the time of the alleged act was from a form of employment. Of this group, 79% indicated they were in full or part time permanent employment, 17% were engaged in casual, contract or outwork and 4% were self employed.
Approximately 33% of complainants said they were represented at the beginning of the complaint process and 40% of these complainants 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 (21%), community legal centres, such as Indigenous or disability legal services (16%), family members or friends (16%) and trade unions or professional associations (6%).
In 2010–11, the main respondent organisations to complaints were private enterprise (48%), Commonwealth departments/statutory authorities (22%) and State departments/statutory authorities (16%). These have been the main respondent organisation categories for a number of years. There has been a significant increase in complaints against the Commonwealth which is indicative of the increased number of complaints received this year relating to immigration and immigration detention.
Complaint Information Service
| Complaint information webpage views | 328 343 |
|---|
| Enquiry type | Total |
|---|---|
| Telephone | 12 668 |
| TTY | 8 |
| 3 643 | |
| In-person | 106 |
| Written | 622 |
| Total | 17 047 |
| Issue | Total |
|---|---|
| Race | 1 705 |
| Race – racial hatred | 582 |
| Sex | 747 |
| Sexual harassment | 882 |
| Sex – marital status, family responsibilities, parental status, carers responsibilities, breastfeeding | 389 |
| Sex – pregnancy | 423 |
| Transgender, intersex | 11 |
| Sexual preference | 160 |
| Disability | 2 437 |
| Disability – HIV/AIDS/hepatitis | 27 |
| Disability – workers compensation | 198 |
| Disability – mental health | 722 |
| Disability – intellectual/learning disability | 261 |
| Disability – maltreatment/negligence | 33 |
| Disability – physical feature | 595 |
| Age | 97 |
| Age – too young | 133 |
| Age – too old | 786 |
| Age – compulsory retirement | 7 |
| Criminal record/conviction | 290 |
| Political opinion | 21 |
| Religion | 224 |
| Employment – bullying and harassment | 1 311 |
| Employment – dismissal | 1 710 |
| Employment – personality conflict/favouritism | 162 |
| Employment – union activity | 79 |
| Employment – work conditions | 324 |
| Human rights – children | 111 |
| Human rights – civil, political, economic, social | 786 |
| Immigration – detention centres | 802 |
| Immigration – visas | 520 |
| Human rights – other | 156 |
| Prisons/prisoners | 179 |
| Police | 292 |
| Court/tribunal proceedings | 366 |
| Privacy | 99 |
| Neighbourhood disputes | 69 |
| Advertising | 24 |
| Local government | 99 |
| State government | 653 |
| Federal government | 902 |
| Other | 3 498 |
| Total* | 22 872 |
* One enquiry may have multiple issues
| State of origin | Total | Percentage |
|---|---|---|
| New South Wales | 4 537 | 27 |
| Victoria | 2 245 | 13 |
| South Australia | 725 | 4 |
| Western Australia | 1 134 | 7 |
| Queensland | 1 669 | 10 |
| Australian Capital Territory | 365 | 2 |
| Tasmania | 233 | 1 |
| Northern Territory | 308 | 2 |
| Unknown/overseas | 5 831 | 34 |
| Total | 17 047 | 100 |
Complaints overview
| 2007-08 | 2008-09 | 2009-10 | 2010-2011 | 2011-2012 | |
|---|---|---|---|---|---|
| Received | 2 077 | 2 253 | 2 517 | 2 152 | 2 610 |
| Finalised | 1 883 | 2 354 | 2 426 | 2 266 | 2 605 |
| 2007-08(percent) | 2008-09(percent) | 2009-10(percent) | 2010-2011(percent) | 2011-2012(percent) | |
|---|---|---|---|---|---|
| Terminated/declined | 39 | 34 | 32 | 35 | 31 |
| Conciliated | 48 | 48 | 50 | 47 | 48 |
| Withdrawn | 13 | 18 | 13 | 11 | 12 |
| Discontinued* | - | - | 5 | 6 | 8 |
| Reported (AHRCA only) | - | - | - | 1 | 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 | 950 | 36 |
| Victoria | 535 | 21 |
| South Australia | 171 | 7 |
| Western Australia | 265 | 10 |
| Queensland | 440 | 17 |
| Australian Capital Territory | 77 | 3 |
| Tasmania | 34 | 1 |
| Northern Territory | 103 | 4 |
| Unknown/overseas | 35 | 1 |
| Total | 2 610 | 100 |
| Act | Received | Finalised |
|---|---|---|
| Racial Discrimination Act (RDA) | 477 | 502 |
| Sex Discrimination Act (SDA) | 505 | 487 |
| Disability Discrimination Act (DDA) | 955 | 976 |
| Age Discrimination Act (ADA) | 196 | 218 |
| Australian Human Rights Commission Act (AHRCA) | 477 | 422 |
| Total | 2 610 | 2 605 |
| 2007-08 | 2008-09 | 2009-10 | 2010-11 | 2011-12 | |
|---|---|---|---|---|---|
| Racial Discrimination Act | 376 | 396 | 550 | 422 | 477 |
| Sex Discrimination Act | 438 | 547 | 532 | 459 | 505 |
| Disability Discrimination Act | 988 | 980 | 1 057 | 823 | 955 |
| Age Discrimination Act | 126 | 151 | 174 | 175 | 196 |
| Australian Human Rights Commission Act | 149 | 179 | 204 | 273 | 477 |
| Total | 2 077 | 2 253 | 2 517 | 2 152 | 2 610 |
| RDA(%) | SDA(%) | DDA(%) | ADA(%) | AHRCA (%) | Total(%) | |
|---|---|---|---|---|---|---|
| Born in Australia | 47 | 60 | 60 | 50 | 24 | 50 |
| Born outside of Australia | 41 | 12 | 12 | 17 | 57 | 26 |
| Unknown/unspecified | 12 | 28 | 28 | 33 | 19 | 24 |
| RDA(%) | SDA(%) | DDA(%) | ADA(%) | AHRCA(%) | Total(%) | |
|---|---|---|---|---|---|---|
| Aboriginal | 35 | 3 | 2 | 2 | 3 | 9 |
| Torres Strait Islander | 1 | - | - | - | 1 | - |
| None of the above | 64 | 97 | 98 | 98 | 97 | 91 |
| RDA(%) | SDA(%) | DDA(%) | ADA(%) | AHRCA(%) | Cumulative Total (%) | |
|---|---|---|---|---|---|---|
| 0 - 6 months | 79 | 68 | 64 | 68 | 56 | 66 |
| 6 - 9 months | 92 | 88 | 85 | 89 | 74 | 85 |
| 9 - 12 months | 96 | 95 | 93 | 95 | 90 | 93 |
| More than 12 months | 100 | 100 | 100 | 100 | 100 | 100 |
Racial Discrimination Act
| Total | |
|---|---|
| Received | 477 |
| Finalised | 502 |
| Racial Discrimination Act | Total | Percentage |
|---|---|---|
| Colour | 92 | 11 |
| National origin/extraction | 75 | 9 |
| Ethnic origin | 107 | 13 |
| Descent | 9 | 1 |
| Race | 389 | 46 |
| Racial hatred | 121 | 14 |
| Immigrant Status | 26 | 3 |
| Association | 3 | – |
| Victimisation | 20 | 3 |
| Incite unlawful act | 2 | – |
| Total* | 844 | 100 |
* One complaint may have multiple grounds
| Racial Discrimination Act | Total | Percentage |
|---|---|---|
| Rights to equality before the law | – | – |
| Access to places and facilities | 2 | – |
| Land, housing, other accommodation | 8 | 2 |
| Provision of goods and services | 147 | 28 |
| Right to join trade unions | – | – |
| Employment | 243 | 46 |
| Advertisements | 1 | – |
| Education | 8 | 2 |
| Other - section 9 | 22 | 4 |
| Racial hatred | 95 | 18 |
| Total* | 526 | 100 |
*One complaint may have multiple areas
.
| Racial Discrimination Act | Total | Percentage |
|---|---|---|
| Media – press/TV/radio | 12 | 9 |
| Disputes between neighbours | 16 | 13 |
| Personal conflict | 7 | 6 |
| Employment | 31 | 24 |
| Racist propaganda | 1 | 1 |
| Internet - e-mail/webpage/chat room | 22 | 17 |
| Entertainment | – | – |
| Sport | – | – |
| Public debate | – | – |
| Provision of goods and services | 36 | 28 |
| Other | 3 | 2 |
| Total | 128 | 100 |
| Racial Discrimination Act | Total |
|---|---|
| Terminated | 173 |
| At complainants request – s.46PE | – |
| Not unlawful | 1 |
| More than 12 months old | 17 |
| Trivial, vexatious, frivolous, misconceived, lacking in substance | 25 |
| Adequately dealt with already | – |
| More appropriate remedy available | – |
| Subject matter of public importance | – |
| No reasonable prospect of conciliation | 130 |
| Discontinued* | 25 |
| Withdrawn | 52 |
| Conciliated | 226 |
| Administrative closure** | 26 |
| Total | 502 |
*
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 | 505 |
| Finalised | 487 |
| Sex Discrimination Act | Total | Percentages |
|---|---|---|
| Female | 422 | 84 |
| Male | 73 | 14 |
| Other category* | 10 | 2 |
| Total | 505 | 100 |
* Includes intersex, sex not specified, joint/multiple and individual/organisation on behalf of other
| Sex Discrimination Act | Total | Percentages |
|---|---|---|
| Sex discrimination | 431 | 41 |
| Marital status | 24 | 2 |
| Pregnancy | 160 | 15 |
| Sexual harassment | 262 | 25 |
| Family responsibilities | 63 | 6 |
| Breastfeeding | 2 | – |
| Victimisation | 87 | 9 |
| Causes, instructs, aids or permits an unlawful act | 17 | 2 |
| Total* | 1 046 | 100 |
*One complaint may have multiple grounds.
| Sex Discrimination Act | Total | Percentage |
|---|---|---|
| Employment | 446 | 85 |
| Goods, services and facilities | 56 | 11 |
| Land | – | – |
| Accommodation | 4 | 1 |
| Superannuation, insurance | 1 | – |
| Education | 5 | 1 |
| Clubs | 3 | 1 |
| Administration of Commonwealth laws and programs | 7 | 1 |
| Requests for information | – | – |
| Registered organisations | – | – |
| Qualifying bodies | – | – |
| Total* | 522 | 100 |
* One complaint may have multiple areas.
| Sex Discrimination Act | |
|---|---|
| Terminated | 143 |
| At complainants request - s.46PE | 1 |
| Not unlawful | 1 |
| More than 12 months old | 11 |
| 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 | 124 |
| Discontinued* | 54 |
| Withdrawn | 51 |
| Conciliated | 189 |
| Administrative closure** | 50 |
| Total | 487 |
*
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.
Disability Discrimination Act
| Disability Discrimination Act | Total |
|---|---|
| Received | 955 |
| Finalised | 976 |
| Disability Discrimination Act | Total | Percentage |
|---|---|---|
| Physical disability | 202 | 17 |
| A mobility aid is used (e.g. walking frame or wheelchair) | 115 | 10 |
| Physical disfigurement | 12 | 1 |
| Presence in the body of organisms causing disease (e.g. HIV/AIDS) | 11 | 1 |
| Presence in the body of organisms causing disease (other) | 9 | 1 |
| Psychiatric disability | 208 | 18 |
| Neurological disability (e.g. epilepsy) | 64 | 5 |
| Intellectual disability | 28 | 2 |
| Learning disability | 43 | 4 |
| Sensory disability (hearing impaired) | 43 | 4 |
| Sensory disability (deaf) | 44 | 4 |
| Sensory disability (vision impaired) | 47 | 4 |
| Sensory disability (blind) | 72 | 6 |
| Work-related injury | 78 | 7 |
| Medical condition (e.g. diabetes) | 102 | 9 |
| Other | 89 | 7 |
| Total* | 1 167 | 100 |
*One complainant may have multiple disabilities.
| Disability Discrimination Act | Total | Percentage |
|---|---|---|
| Disability of person(s) aggrieved | 1 717 | 89 |
| Associate | 68 | 4 |
| Disability – person assisted by trained animal | 37 | 2 |
| Disability – accompanied by carer or assistant | 4 | – |
| Disability – aid | 22 | 1 |
| Harassment | 19 | 1 |
| Victimisation | 29 | 1 |
| Causes, instructs, induces, aids or permits an unlawful act | 30 | 2 |
| Incites unlawful act | – | – |
| Unlawful to contravene disability standard | 8 | – |
| Total* | 1 934 | 100 |
* One complaint may have multiple grounds.
| Disability Discrimination Act | Total | Percentage |
|---|---|---|
| Employment | 389 | 31 |
| Goods, services and facilities | 448 | 36 |
| Access to premises | 48 | 4 |
| Land | – | – |
| Accommodation | 34 | 3 |
| Advertisements | – | – |
| Superannuation, insurance | 7 | 1 |
| Education | 106 | 8 |
| Clubs, incorporated associations | 24 | 2 |
| Administration of Commonwealth laws and programs | 39 | 3 |
| Sport | 1 | – |
| Requests for information | 1 | – |
| Qualifying bodies | – | – |
| Registered organisations | 1 | – |
| Unlawful to contravene disability standards | 149 | 12 |
| Victimisation | 2 | – |
| Total* | 1 249 | 100 |
* One complaint may have multiple areas.
| Disability Discrimination Act | |
|---|---|
| Terminated | 334 |
| At complainants request - s.46PE | – |
| Not unlawful | 2 |
| More than 12 months old | 21 |
| Trivial, vexatious, frivolous, misconceived, lacking in substance | 30 |
| Adequately dealt with already | 3 |
| More appropriate remedy available | 1 |
| Subject matter of public importance | – |
| No reasonable prospect of conciliation | 277 |
| Discontinued* | 37 |
| Withdrawn | 115 |
| Conciliated | 451 |
| Administrative closure** | 39 |
| Total | 976 |
*
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 | 196 |
| Finalised | 218 |
| Age Discrimination Act | Total | Percentage |
|---|---|---|
| Age – direct | 192 | 57 |
| Age – indirect | 138 | 41 |
| Causes, instructs, induces, aids or permits an unlawful act | 3 | 1 |
| Victimisation | 4 | 1 |
| Total* | 337 | 100 |
*
One complaint may have multiple grounds.
| Age Discrimination Act | Total | Percentage |
|---|---|---|
| 0 – 12 years | – | – |
| 13 – 17 years | 5 | 2 |
| 18 – 24 years | 11 | 6 |
| 25 – 34 years | 7 | 3 |
| 35 – 44 years | 20 | 10 |
| 45 – 54 years | 27 | 14 |
| 55 – 64 years | 72 | 37 |
| 65 – 74 years | 35 | 18 |
| >75 years | 19 | 10 |
| Total | 196 | 100 |
| Age Discrimination Act | Total | Percentage |
|---|---|---|
| Employment | 134 | 65 |
| Goods, services and facilities | 46 | 23 |
| Access to premises | 1 | – |
| Land | – | – |
| Accommodation | 4 | 2 |
| Advertisements | 1 | – |
| Superannuation, insurance | 14 | 7 |
| Education | 3 | 1 |
| Administration of Commonwealth laws and programs | 4 | 2 |
| Sport | – | – |
| Requests for information | – | – |
| Registered organisations | – | – |
| Qualifying bodies | – | – |
| Total* | 207 | 100 |
* One complaint may have multiple areas.
| Age Discrimination Act | |
|---|---|
| Terminated | 56 |
| At complainants request – s.46PE | – |
| Not unlawful | 3 |
| More than 12 months old | 3 |
| Trivial, vexatious, frivolous, misconceived, lacking in substance | 4 |
| Adequately dealt with already | 1 |
| More appropriate remedy available | – |
| Subject matter of public importance | – |
| No reasonable prospect of conciliation | 45 |
| Discontinued* | 12 |
| Withdrawn | 41 |
| Conciliated | 102 |
| Administrative closure** | 7 |
| Total | 218 |
*
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 | 477 |
| Finalised | 422 |
| Australian Human Rights Commission Act | Total | Percentage |
|---|---|---|
| Religion (ILO 111) | 18 | 3 |
| Political opinion (ILO 111) | 1 | – |
| Social origin (ILO 111) | – | – |
| Medical record (ILO 111) | 1 | – |
| Criminal record (ILO 111) | 67 | 13 |
| Sexual preference (ILO 111) | 21 | 4 |
| Trade union activity (ILO 111) | 9 | 2 |
| International Covenant on Civil and Political Rights | 337 | 66 |
| Convention on the Rights of the Child | 27 | 5 |
| Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief | 3 | 1 |
| Convention on the Rights of Persons with Disabilities | 29 | 6 |
| Not a ground within jurisdiction | – | – |
| Not a human right as defined by the Act | – | – |
| Total* | 513 | 100 |
*One complaint may have multiple grounds.
| Australian Human Rights Commission Act | Total | Percentage |
|---|---|---|
| Acts or practices of the Commonwealth | 363 | 76 |
| Employment | 114 | 24 |
| Not act or practice of the Commonwealth (not employment cases) | – | – |
| Total* | 477 | 100 |
* One complaint may have multiple areas.
| Australian Human Rights Commission Act | Total | Percentage |
|---|---|---|
| Prisons, prisoner | 12 | 3 |
| Religious institutions | – | – |
| Family court matters | – | – |
| Other court matters | 2 | 1 |
| Immigration | 291 | 80 |
| Law enforcement agency | 1 | – |
| State agency | 3 | 1 |
| Other service provider (private sector) | – | – |
| Local government | – | – |
| Education systems | 3 | 1 |
| Welfare systems | 5 | 1.5 |
| Personal or neighbourhood conflict | – | – |
| Health system | 5 | 1.5 |
| Other | 41 | 11 |
| Total | 363 | 100 |
| Australian Human Rights Commission Act | Total |
|---|---|
| Declined | 158 |
| Does not constitute discrimination | 9 |
| Human rights breach, not inconsistent or contrary to any human right | 3 |
| More than 12 months old | 7 |
| Trivial, vexatious, frivolous, misconceived, lacking in substance | 25 |
| Adequately dealt with already | 3 |
| More appropriate remedy available | 2 |
| Withdrawn, does not wish to pursue, advised the Commission | 43 |
| Withdrawn, does not wish to pursue, settled outside the Commission | – |
| Discontinued – lost contact | 66 |
| Conciliated | 219 |
| Referred for reporting* | 29 |
| Administrative closure | 16 |
| Total | 422 |
*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.