Appendices2 - Annual Report 2009-2010: Australian Human Rights Commission
Read Appendices Part 2 from the 2009-2010 Annual Report, including supplementary data, references, and detailed information for researchers and stakeholders.
Appendices
Appendix 2 – Complaint statistics
Enquiries and complaints received
In 2010-11 the Commission received 18 670 enquiries and 2 152 complaints which is similar to the average number of enquiries and complaints received over the past five years.
•
38% of complaints were lodged under the Disability Discrimination Act
•
21% of complaints were lodged under the Sex Discrimination Act
•
20% of complaints were lodged under the Racial Discrimination Act
•
13% 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 2010-11, 47% were conciliated. Of those matters where conciliation was attempted, 64% were able to be resolved.
Complaints under the Disability Discrimination Act had the highest conciliation rate (49%) and a conciliation success rate of 64%.
Complaints under the Racial Discrimination Act had a 46% conciliation rate and a conciliation success rate of 62%.
Complaints under the Sex Discrimination Act had a conciliation rate of 45% and a conciliation success rate of 61%.
Complaints under the Age Discrimination Act had a conciliation rate of 45% and the highest conciliation success rate (66%).
Forty percent of finalised complaints under the Australian Human Rights Commission Act were successfully resolved.
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 48% of complaints were lodged by individual males, 46% by individual females and 6% by other categories. Other categories include intersex, sex not specified, joint/multiple complainants and organisations/individuals on behalf of others.
Fifty percent of complainants reported that they knew about the Commission prior to lodging their complaint. This is the highest percentage recorded over the past five years and may be indicative of increased community awareness of the Commission and its work.
The main identified referral sources for others were legal centres or private lawyers (22%), family members or friends (19%), the internet (14%), a disability organisation or advocate (9%) and a government agency (5%). There is also a clear trend over the past five years for more complainants to identify the internet as a source of information and referral.
The majority of complainants (66%) indicated that their main source of income at the time of the alleged act was from full-time, part-time, casual or self employment.
Approximately 38% of complainants said they were represented at the beginning of the complaint process. This figure has varied between 33% and 38% over the past five years. In this reporting year, 39% of those who were represented 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 (23%), community legal centres, such as Indigenous or disability legal services (17%), family members or friends (16%) and trade unions or professional associations (5%).
In 2010-11, the main respondent organisation categories were private enterprise (52%), Commonwealth departments/statutory authorities (16%) and State departments/statutory authorities (16%). These have been the main categories for the last five reporting years.
Complaint information service
| Complaint Handling Section webpage views | 326 516 |
|---|
| Enquiry type | Total |
|---|---|
| Telephone | 14 479 |
| TTY | 13 |
| 3 336 | |
| In-person | 118 |
| Written | 724 |
| Total | 18 670 |
| Issue | Total |
|---|---|
| Race | 1 979 |
| Race - racial hatred | 619 |
| Sex – direct | 890 |
| Sexual harassment | 1 003 |
| Sex - marital status, family responsibilities, parental status, carers responsibilities, breast feeding | 368 |
| Sex - pregnancy | 510 |
| Sexual preference, transgender, homosexuality, lawful sexual activity | 218 |
| Disability - impairment | 2 628 |
| Disability - HIV/AIDS/Hepatitis | 48 |
| Disability - workers compensation | 164 |
| Disability - mental health | 581 |
| Disability - intellectual/learning disability | 293 |
| Disability - maltreatment/negligence | 30 |
| Disability - physical feature | 550 |
| Age - too young | 157 |
| Age - too old | 562 |
| Age - compulsory retirement | 5 |
| Criminal record/conviction | 364 |
| Political opinion | 17 |
| Religion/religious organisations | 213 |
| Employment - personality conflicts/favouritism | 143 |
| Employment - union/industrial activity | 60 |
| Employment - unfair dismissal/other industrial issues | 2 020 |
| Employment - workplace bullying | 1 564 |
| Human rights - children | 80 |
| Human rights - civil, political, economic, social | 772 |
| Immigration - detention centres | 491 |
| Immigration - visas | 334 |
| Prisons/prisoners | 202 |
| Police | 279 |
| Court - family court | 193 |
| Court - other law matters | 249 |
| Privacy - data protection | 44 |
| Neighbourhood disputes | 80 |
| Advertising | 23 |
| Local government – administration | 77 |
| State government - administration | 739 |
| Federal government - administration | 716 |
| Other | 4 256 |
| Total* | 23 521 |
| State of origin | Total | Percentage |
|---|---|---|
| New South Wales | 4 908 | 26 |
| Victoria | 2 731 | 15 |
| South Australia | 1 306 | 7 |
| Western Australia | 1 104 | 6 |
| Queensland | 2 384 | 13 |
| Australian Capital Territory | 326 | 2 |
| Tasmania | 212 | 1 |
| Northern Territory | 243 | 1 |
| Unknown/overseas | 5 456 | 29 |
| Total | 18 670 | 100 |
Complaints overview
| 2006-07 | 2007-08 | 2008-09 | 2009-10 | 2010-2011 | |
|---|---|---|---|---|---|
| Received | 1 779 | 2 077 | 2 253 | 2 517 | 2 152 |
| Finalised | 1 656 | 1 883 | 2 354 | 2 426 | 2 266 |
| 2006-07(percent) | 2007-08(percent) | 2008-09(percent) | 2009-10(percent) | 2010-2011(percent) | |
|---|---|---|---|---|---|
| Terminated/declined | 48 | 39 | 34 | 32 | 35 |
| Conciliated | 38 | 48 | 48 | 50 | 47 |
| Withdrawn | 14 | 13 | 18 | 13 | 11 |
| Discontinued* | - | - | - | 5 | 6 |
| Reported (AHRCA only) | - | - | - | - | 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 | 827 | 38 |
| Victoria | 438 | 20 |
| South Australia | 150 | 7 |
| Western Australia | 191 | 9 |
| Queensland | 386 | 18 |
| Australian Capital Territory | 65 | 3 |
| Tasmania | 19 | 1 |
| Northern Territory | 41 | 2 |
| Unknown/overseas | 35 | 2 |
| Total | 2 152 | 100 |
| Act | Received | Finalised |
|---|---|---|
| Racial Discrimination Act (RDA) | 422 | 472 |
| Sex Discrimination Act (SDA) | 459 | 448 |
| Disability Discrimination Act (DDA) | 823 | 961 |
| Age Discrimination Act (ADA) | 175 | 181 |
| Australian Human Rights Commission Act (AHRCA) | 273 | 204 |
| Total | 2 152 | 2 266 |
| 2006-07 | 2007-08 | 2008-09 | 2009-10 | 2010-11 | |
|---|---|---|---|---|---|
| Racial Discrimination Act | 250 | 376 | 396 | 550 | 422 |
| Sex Discrimination Act | 472 | 438 | 547 | 532 | 459 |
| Disability Discrimination Act | 802 | 988 | 980 | 1 057 | 823 |
| Age Discrimination Act | 106 | 126 | 151 | 174 | 175 |
| Australian Human Rights Commission Act | 149 | 149 | 179 | 204 | 273 |
| Total | 1 779 | 2 077 | 2 253 | 2 517 | 2 152 |
| RDA(%) | SDA(%) | DDA(%) | ADA(%) | AHRCA (%) | Total(%) | |
|---|---|---|---|---|---|---|
| Born in Australia | 47 | 55 | 61 | 59 | 35 | 55 |
| Born outside of Australia | 44 | 14 | 13 | 22 | 45 | 23 |
| Unknown/unspecified | 9 | 31 | 26 | 19 | 20 | 22 |
| RDA(%) | SDA(%) | DDA(%) | ADA(%) | AHRCA(%) | Total(%) | |
|---|---|---|---|---|---|---|
| Aboriginal | 34 | 2 | 2 | 1 | 2 | 9 |
| Torres Strait Islander | - | - | - | - | 1 | - |
| None of the above | 66 | 98 | 98 | 99 | 97 | 91 |
| RDA(%) | SDA(%) | DDA(%) | ADA(%) | AHRCA(%) | Cumulative Total (%) | |
|---|---|---|---|---|---|---|
| 0 - 6 months | 74 | 60 | 47 | 60 | 47 | 56 |
| 6 - 9 months | 90 | 84 | 76 | 88 | 73 | 81 |
| 9 - 12 months | 96 | 95 | 94 | 98 | 89.5 | 94 |
| More than 12 months | 100 | 100 | 100 | 100 | 100 | 100 |
Racial Discrimination Act
| Total | |
|---|---|
| Received | 422 |
| Finalised | 472 |
| Racial Discrimination Act | Total | Percentage |
|---|---|---|
| Colour | 74 | 9 |
| National origin/extraction | 41 | 5 |
| Ethnic origin | 102 | 12 |
| Descent | 9 | 1 |
| Race | 445 | 54 |
| Victimisation | 9 | 1 |
| Racial hatred | 121 | 15 |
| Aids, permits or instructs | - | - |
| Association | 2 | - |
| Immigrant | 23 | 3 |
| Total* | 826 | 100 |
* One complaint may have multiple grounds
| Racial Discrimination Act | Total | Percentage |
|---|---|---|
| Rights to equality before the law | - | - |
| Access to places and facilities | 1 | - |
| Land, housing, other accommodation | 8 | 1 |
| Provision of goods and services | 227 | 27 |
| Right to join trade unions | - | - |
| Employment | 290 | 35 |
| Advertisements | - | - |
| Education | 7 | 1 |
| Incitement to unlawful acts | - | - |
| Other - section 9 | 165 | 20 |
| Racial hatred | 128 | 16 |
| Total* | 826 | 100 |
*An area is recorded for each ground, so one complaint may have multiple and different areas
.
| Racial Discrimination Act | Total | Percentage |
|---|---|---|
| Media – press/TV/radio | 19 | 17 |
| Disputes between neighbours | 6 | 5 |
| Personal conflict | 15 | 13 |
| Employment | 29 | 26 |
| Racist propaganda | 1 | 1 |
| Internet - e-mail/webpage/chat room | 26 | 23 |
| Entertainment | - | - |
| Sport | 2 | 2 |
| Public debate | - | - |
| Provision of goods and services | 10 | 9 |
| Other | 5 | 4 |
| Total | 113 | 100 |
| Racial Discrimination Act | Total |
|---|---|
| Terminated | 158 |
| At complainants request – s.46PE | - |
| Not unlawful | - |
| More than 12 months old | 7 |
| Trivial, vexatious, frivolous, misconceived, lacking in substance | 23 |
| Adequately dealt with already | - |
| More appropriate remedy available | - |
| Subject matter of public importance | - |
| No reasonable prospect of conciliation | 128 |
| Discontinued* | 40 |
| Withdrawn | 43 |
| Conciliated | 208 |
| Administrative closure** | 23 |
| Total | 472 |
*
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 | 459 |
| Finalised | 448 |
| Sex Discrimination Act | Total | Percentages |
|---|---|---|
| Female | 378 | 82 |
| Male | 78 | 17 |
| Other category* | 3 | 1 |
| Total | 459 | 100 |
* Includes intersex, sex not specified, joint/multiple and individual/organisation on behalf of other
| Sex Discrimination Act | Total | Percentages |
|---|---|---|
| Sex discrimination | 324 | 37 |
| Marital status | 18 | 2 |
| Pregnancy | 165 | 19 |
| Sexual harassment | 265 | 30 |
| Parental status/ family responsibility | 43 | 5 |
| Victimisation | 50 | 6 |
| Aids, permits, instructs | 9 | 1 |
| Total* | 874 | 100 |
*One complaint may have multiple grounds.
| Sex Discrimination Act | Total | Percentage |
|---|---|---|
| Employment | 770 | 88 |
| Goods, services and facilities | 72 | 8 |
| Land | - | - |
| Accommodation | 2 | 0.5 |
| Superannuation, insurance | - | - |
| Education | 10 | 1 |
| Clubs | - | - |
| Administration of Commonwealth laws and programs | 18 | 2 |
| Application forms etc | - | - |
| Trade unions, accrediting bodies | 2 | 0.5 |
| Total* | 874 | 100 |
* An area is recorded for each ground, so one complaint may have multiple and different areas.
| Sex Discrimination Act | |
|---|---|
| Terminated | 142 |
| At complainants request - s.46PE | - |
| Not unlawful | - |
| More than 12 months old | 10 |
| Trivial, vexatious, frivolous, misconceived, lacking in substance | 15 |
| Adequately dealt with already | - |
| More appropriate remedy available | 1 |
| Subject matter of public importance | - |
| No reasonable prospect of conciliation | 116 |
| Discontinued* | 38 |
| Withdrawn | 49 |
| Conciliated | 185 |
| Administrative closure** | 34 |
| Total | 448 |
*
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 | 823 |
| Finalised | 961 |
| Disability Discrimination Act | Total | Percentage |
|---|---|---|
| Physical disability | 172 | 16 |
| A mobility aid is used (e.g. walking frame or wheelchair) | 116 | 11 |
| Physical disfigurement | 21 | 2 |
| Presence in the body of organisms causing disease (e.g. HIV/AIDS) | 11 | 1 |
| Presence in the body of organisms causing disease (other) | 16 | 1 |
| Psychiatric disability | 160 | 15 |
| Neurological disability (e.g. epilepsy) | 68 | 6 |
| Intellectual disability | 45 | 4 |
| Learning disability | 27 | 3 |
| Sensory disability (hearing impaired) | 47 | 4 |
| Sensory disability (deaf) | 80 | 7 |
| Sensory disability (vision impaired) | 60 | 6 |
| Sensory disability (blind) | 15 | 1 |
| Work-related injury | 68 | 6 |
| Medical condition (e.g. diabetes) | 88 | 8 |
| Other | 103 | 9 |
| Total* | 1 097 | 100 |
*One complainant may have multiple disabilities.
| Disability Discrimination Act | Total | Percentage |
|---|---|---|
| Disability of person(s) aggrieved | 1 968 | 91 |
| Associate | 91 | 4 |
| Disability - person assisted by trained animal | 43 | 2 |
| Disability - accompanied by assistant | 7 | - |
| Disability - use of appliance | 16 | 1 |
| Harassment | 8 | - |
| Victimisation | 31 | 1 |
| Aids, permits or instructs | 12 | 1 |
| Total* | 2 176 | 100 |
* One complaint may have multiple grounds.
| Disability Discrimination Act | Total | Percentage |
|---|---|---|
| Employment | 672 | 31 |
| Goods, services and facilities | 769 | 35 |
| Access to premises | 131 | 6 |
| Land | - | - |
| Accommodation | 60 | 3 |
| Incitement to unlawful acts or offences | - | - |
| Advertisements | - | - |
| Superannuation, insurance | 8 | - |
| Education | 188 | 9 |
| Clubs, incorporated associations | 38 | 2 |
| Administration of Commonwealth laws and programs | 67 | 3 |
| Sport | 2 | - |
| Application forms, requests for information | - | - |
| Trade unions, registered organisations | - | - |
| Unlawful to contravene Disability Standard | 241 | 11 |
| Total* | 2 176 | 100 |
* An area is recorded for each ground, so one complaint may have multiple and different areas.
| Disability Discrimination Act | |
|---|---|
| Terminated | 334 |
| At complainants request - s.46PE | - |
| Not unlawful | 5 |
| More than 12 months old | 14 |
| Trivial, vexatious, frivolous, misconceived, lacking in substance | 37 |
| Adequately dealt with already | 7 |
| More appropriate remedy available | 5 |
| Subject matter of public importance | - |
| No reasonable prospect of conciliation | 266 |
| Discontinued* | 35 |
| Withdrawn | 110 |
| Conciliated | 465 |
| Administrative closure** | 17 |
| Total | 961 |
*
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 | 175 |
| Finalised | 181 |
| Age Discrimination Act | Total | Percentage |
|---|---|---|
| 0 – 14 years | 3 | 2 |
| 15 – 24 years | 23 | 13 |
| 25 – 34 years | 10 | 6 |
| 35 – 44 years | 12 | 7 |
| 45 – 54 years | 44 | 25 |
| 55 – 64 years | 39 | 22 |
| > 65 years | 34 | 19 |
| Unknown | 10 | 6 |
| Total | 175 | 100 |
| Age Discrimination Act | Total | Percentage |
|---|---|---|
| Employment | 195 | 66 |
| Goods, services and facilities | 79 | 26 |
| Access to premises | - | - |
| Land | - | - |
| Accommodation | 8 | 3 |
| Incitement to unlawful acts or offences | - | - |
| Advertisements | - | - |
| Superannuation, insurance | 4 | 1 |
| Education | 1 | - |
| Clubs, incorporated associations | - | - |
| Administration of Commonwealth laws and programs | 8 | 3 |
| Sport | - | - |
| Application forms, requests for information | - | - |
| Trade unions, registered organisations | 2 | 1 |
| Total* | 297 | 100 |
* One complaint may have multiple and different areas.
| Age Discrimination Act | |
|---|---|
| Terminated | 55 |
| At complainants request - s.46PE | - |
| Not unlawful | 3 |
| More than 12 months old | 2 |
| Trivial, vexatious, frivolous, misconceived, lacking in substance | 9 |
| Adequately dealt with already | 1 |
| More appropriate remedy available | - |
| Subject matter of public importance | - |
| No reasonable prospect of conciliation | 40 |
| Discontinued* | 12 |
| Withdrawn | 29 |
| Conciliated | 78 |
| Administrative closure** | 7 |
| Total | 181 |
*
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 | 273 |
| Finalised | 204 |
| Australian Human Rights Commission Act | Total | Percentage |
|---|---|---|
| Race (ILO 111) | - | - |
| Colour (ILO 111) | - | - |
| Sex (ILO 111) | - | - |
| Religion (ILO 111) | 14 | 5 |
| Political opinion (ILO 111) | 3 | 1 |
| National extraction (ILO 111) | 1 | - |
| Social origin (ILO 111) | 1 | - |
| Age (ILO 111) | 1 | - |
| Medical record (ILO 111) | - | - |
| Criminal record (ILO 111) | 68 | 23 |
| Impairment (including HIV/AIDS status) (ILO 111) | - | - |
| Marital status (ILO 111) | - | - |
| Disability (ILO 111) | - | - |
| Nationality (ILO 111) | - | - |
| Sexual preference (ILO 111) | 17 | 6 |
| Trade union activity (ILO 111) | 12 | 4 |
| International Covenant on Civil and Political Rights | 153 | 51 |
| Declaration on the Rights of the Child | - | - |
| Declaration on the Rights of Mentally Retarded Persons | - | - |
| Declaration on the Rights of Disabled Persons | - | - |
| Convention on the Rights of the Child | 27 | 9 |
| 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 | 4 | 1 |
| Not a ground within jurisdiction | - | - |
| Not a human right as defined by the Act | - | - |
| Total* | 302 | 100 |
*One complaint may have multiple grounds.
| Australian Human Rights Commission Act | Total | Percentage |
|---|---|---|
| Acts or practices of the Commonwealth | 188 | 62 |
| Employment | 113 | 38 |
| Not act or practice of the Commonwealth (not employment cases) | 1 | - |
| Total* | 302 | 100 |
* An area is recorded for each ground, so one complaint may have multiple and different areas.
| Australian Human Rights Commission Act | Total | Percentage |
|---|---|---|
| Prisons, prisoner | 3 | 1.5 |
| Religious institutions | - | - |
| Family court matters | - | - |
| Other law court matters | 1 | 0.5 |
| Immigration | 172 | 91 |
| Law enforcement agency | - | - |
| State agency | 1 | 0.5 |
| Other service provider (private sector) | - | - |
| Local government | - | - |
| Education systems | - | - |
| Welfare systems | 1 | 0.5 |
| Personal or neighbourhood conflict | - | - |
| Health system | - | - |
| Other | 11 | 6 |
| Total | 189 | 100 |
| Australian Human Rights Commission Act | Total |
|---|---|
| Declined | 102 |
| Does not constitute discrimination | 9 |
| Human rights breach, not inconsistent or contrary to any human right | 6 |
| More than 12 months old | 2 |
| Trivial, vexatious, frivolous, misconceived, lacking in substance | 37 |
| Adequately dealt with already | 11 |
| More appropriate remedy available | 5 |
| Withdrawn, does not wish to pursue, advised the Commission | 13 |
| Withdrawn, does not wish to pursue, settled outside the Commission | 1 |
| Discontinued - lost contact | 18 |
| Conciliated | 82 |
| Referred for reporting* | 18 |
| Administrative closure | 2 |
| Total | 204 |
*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.