Commissioners' statements - Annual Report 2011-2012: Australian Human Rights Commission

Commissioners' statements

Mick Gooda Aboriginal and Torres Strait Islander Social Justice Commissioner

As Social Justice Commissioner, I've outlined an agenda of hope to overcome racism and build respect in the Australian community.

Looking back over the last 12 months, I can genuinely say that we've moved closer to these objectives. But we must move closer still in our efforts to see this agenda of hope realised.

I went out on a limb in my 2011 Social Justice and Native Title Reports by raising the difficult issue of lateral violence. I've spent considerable time and effort since explaining to Aboriginal and Torres Strait Islander peoples, governments and civil society more generally, what lateral violence is and how it impacts on Indigenous communities. Now, we're talking openly about the damage we do by name calling, bullying and harassing each other. And we're finally looking for strategies to minimise the harm it causes.

I've also focussed much energy on reinforcing with Government the importance of Aboriginal and Torres Strait Islander peoples participating in the development of programs and decisions which impact on us. In particular, this was the driving force behind our work with the Government to ensure that the Stronger Futures legislation in the Northern Territory was compliant with the Racial Discrimination Act.

Our comprehensive submission on the legislation, along with our extensive lobbying of both sides of government, argued strongly for the legislation to include as many protections as possible against race-based discrimination.

Stronger Futures will remain a key area of focus for me in the year ahead as I monitor concerns that emerge as the legislation begins to take effect and measures are implemented.

As a member of the Expert Panel on constitutional recognition of Indigenous peoples throughout 2011, I continued to advocate for the need for Constitutional Reform. Since delivering our report to the Prime Minister in January 2012, I, along with thousands of others, am now having constructive conversations about how we progress towards a successful referendum that will hopefully lead to a majority of people in a majority of states agreeing with this need for recognition.

But, despite these inroads, some gaping holes still remain in understanding how we can most effectively use the ready-made roadmap we have in the United Nations Declaration on the Rights of Indigenous Peoples. Formally supported by Australia in 2009, governments have not yet given full effect to the Declaration and, in failing to do so, are arguably paying lip service to the rights of Indigenous people to determine our own futures by participating in decisions that affect us.

Other significant work continued throughout the year – and will continue into the future – including lobbying for improvements to the Native Title Act, promoting justice reinvestment as an alternative to incarceration, protecting and maintaining Indigenous languages, and continuing efforts to Close the Gap in life expectancy between Aboriginal and Torres Strait Islander peoples and non-Indigenous Australians.

Mick Gooda Aboriginal and Torres Strait Islander Social Justice Commissioner

Graeme Innes AM Disability and Race Discrimination Commissioner

For most of the year in review, I enjoyed the experience of having responsibility for one area of rights at the Commission, as Dr Helen Szoke was appointed as Race Discrimination Commissioner in September. This provided an opportunity to meet with representatives of disability peak organisations throughout Australia, to review progress so far through my term, and to plan for the future.

One of the clear messages from disability organisations related to the different impact of the Disability Discrimination Act (DDA), since its commencement in March 1993, on people with different disabilities. It was clear that we still have much work to do. However, it was also clear that progress for people with physical and sensory disability had been much greater than for those with intellectual, cognitive and psychiatric disability. I therefore determined to concentrate more on those second groups.

During this year, the key issue in the disability sector was the National Disability Insurance Scheme. My involvement in the campaign for the establishment of the scheme – in conjunction with the broad disability sector and its many supporters – played some part in reinforcing the commitment of the government to the commencement of the scheme. The large financial commitment in the budget late in the year was pleasing confirmation of the efforts of all.

Another pleasing development was the passage of legislation moving the regime for captioning to the Australian Communications and Media Authority, and setting levels for captioning for free to air and pay television. This is the culmination of work over many years by the Commission, in conjunction with the deafness sector.

During the year, my policy team and I worked to investigate issues impacting on people with communication disability in their access to the justice system. Many Australians with disability – particularly our First People's – do not receive equal and appropriate access. Investigations, in conjunction with my colleague, the Aboriginal and Torres Strait Islander Social Justice Commissioner, led to our determination to do more work in the current financial year.

Forced sterilisation of women and girls with disability also continues to be a concern. Surveys conducted during the year confirm that this practice continues to be formally authorised. However, more worrying is the anecdotal information that it occurs much more often informally. Law change, as well as community education, need to be combined to prevent this serious breach of international law.

I referred earlier to the commencement of the DDA. We will celebrate twenty years of operation on 1 March 2013. The Commission will mark the occasion with the launch of our Twenty Years: Twenty Stories project, currently under way. This project will use film to tell twenty stories of how the DDA has changed the lives of Australians with disability. It will recognise and celebrate achievement, and set us on a path for progress in the future.

Graeme Innes, AM Disability Discrimination Commissioner and Race Discrimination Commissioner

Elizabeth Broderick Sex Discrimination Commissioner

I approach the coming year on the cusp of releasing our report into the Treatment of Women in the Australian Defence Force. This will bring phase two of our Review to a close – the phase one report into the Treatment of Women in the Australian Defence Force Academy having been released in November.

Throughout this process, I have been heartened to observe the deep commitment to service of men and women of the ADF, as well as the senior leaders who have demonstrated a strong commitment to reforming those aspects of their culture that negatively impact on women.

Our review was one of six initiated by the government after the so called ‘Skype' incident. Though we found that ADFA is a vastly evolved institution from that last examined in the 1990s, we also found significant issues in relation to sexual harassment, equity and diversity, its complaints processes, staff turnover and supervision. Our recommendations required a shift from managing and accommodating women to an attitude of full inclusion, where women are recognised as an essential and vital part of the future capability of the ADF.

Generally, I have observed a willingness on the part of the ADF to embrace change and, in relation to the second phase of the Review, a commitment to engage with us so that we can fulfil our Terms of Reference.

The reality is that these issues, though they can take place in an arena fraught with heightened risk, are issues that can and do occur in all workplaces.

From May 2011 to June 2012, Andrea Durbach – an Associate Professor and Director of the Australian Human Rights Centre in the UNSW Faculty of Law – fulfilled the role of Deputy Sex Discrimination Commissioner. I thank her for her work on the study tour of the visiting UN Special Rapporteur on Violence Against Women and in advocating for the inclusion of domestic and family violence as a ground under federal anti-discrimination legislation. Additionally, in February at the UN Commission on the Status of Women in New York, we advocated for the rights of women experiencing violence in rural, regional and remote areas.

Our work this year has also included the release of a research paper on bystander approaches to sexual harassment in the workplace, which was released earlier in June and has, I am pleased to report, been well received.

In November, our Male Champions of Change group released their first research paper, concerning best practice in elevating the representation of women at decision making level, a step that augurs well for their future advocacy and action to promote women's leadership.

Our work has also continued in relation to the issue of women's economic security. To this end, we have embarked on research into mechanisms for valuing unpaid caring work to reduce the inequality in women's workforce participation and retirement savings.

Elizabeth Broderick Sex Discrimination Commissioner

Susan Ryan Age Discrimination Commissioner

As I approach the conclusion of my first year in the role of Age Discrimination Commissioner, I am pleased to report improved recognition and growing national awareness of the prevalence of age discrimination and the severe economic and social problems it causes.

I am able to point to positive responses from government, business, sector groups and the media.

The weight of evidence led to my focus on improving opportunities for older people to continue in paid employment, on the basis of their capacity and wish to do so. In this regard, I will host a strategy forum on older workers and business growth in September.

My paper Working past our 60s: reforming laws and policies for the older worker set out current age-discriminatory measures in workers compensation, income insurance, professional licencing rules and superannuation. It generated extensive interest and has prompted reform. As a member of the Treasurer's Advisory Panel on Positive Ageing, I will continue the work on these barriers, housing and health.

I was appointed as a part time commissioner to the Australian Law Reform Commission for its inquiry into legal barriers at the Commonwealth level to older people participating in the workforce. The ALRC will report with recommendations for reform in April 2013.

I gave evidence to a parliamentary inquiry into cyber safety for older people, and have started discussions with providers of Internet training for older people, including secondary schools and local councils, and federal MPs. Later this year, I will release a new publication to assist older people to protect their rights in financial dealings, including practical options for avoiding cyber fraud.

The Age Positive website and Facebook page attracts wonderful stories of older people making positive contributions in the community.

The last federal Budget provided funding over four years for the age stereotypes research project. It will produce new research into age stereotypes across all media, a media roundtable and a community education campaign.

Responding to the government's new aged care blueprint Living Longer, Living Better, I published a paper setting out the human rights approach to aged care, Respect and Choice. It is aimed at influencing practice, particularly the training of care workers and professionals. As a member of the government's Aged Care Implementation Council I will continue to advocate for a human rights approach in all services.

My upcoming trip with Commissioner Gooda to the Northern Territory will assist my understanding of needs and services for older Indigenous people.

In consultation with Federation of Ethnic Communities' Councils of Australia, I have planned meetings to explore issues for older people in Culturally and Linguistically Diverse communities.

Over the next year I hope to meet the continuing challenge of persuading the general public as well decision makers that age discrimination is an enormous waste of human capital and a source of great injustice to individuals.

Susan Ryan Age Discrimination Commissioner