Search results

The 2000-01 reporting year was a year of consolidation for the Commission’s Complaint Handling Section (CHS) following the legislative changes to the complaint handling function in April 2000.

This is an information paper only. It is intended to provide general guidance. It is not a legally binding document and is not a substitute for independent legal advice. It is limited to the role and function of the Human Rights and Equal Opportunity Commission as contained in the legislation establishing the Commission.

A recent decision of the full Federal Court in Bropho v State of Western Australia[1] has created the opportunity to reconsider the operation of s 10 of the Racial Discrimination Act 1975 (Cth). Section 10(1) of the RDA is unique in discrimination law around the country. It is concerned with the operation and effect of laws rather than with making the actions of individuals unlawful.

In 2002–03, as in past years, the Commission participated in some bilateral international program activities, generally as part of the Australian Government’s development cooperation program developed by the Australian Agency for International Development (AusAID).

Over the millennia, Indigenous peoples have developed a close and unique connection with the lands and environments in which they live. They have established distinct systems of knowledge, innovation and practices relating to the uses and management of biological diversity on these lands and environments.

Where a complaint is made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) alleging breaches of human rights and discrimination in employment, the President or his delegate may report to the Attorney-General where conciliation cannot resolve the matter and an inquiry has satisfied the President there has been a breach of human rights or discrimination in employment. The Legal Section assists the President or his delegate to inquire into the complaints and prepare reports to the Attorney-General.

The Commission's jurisdiction to hear and determine complaints of unlawful discrimination ceased on 13 April 2000 with the commencement of the Human Rights Legislation Amendment Act (No.1) 1999 (Cth) and was transferred to the Federal Court and Federal Magistrates Service. The Commission retained the jurisdiction to complete those public inquiries that had commenced prior to 13 April 2000.

This report is about two distinct subject matters. The first of these is the welcome move by the Australian Government to transfer increasing numbers of asylum seekers, refugees and stateless persons into community arrangements. The second is the situation of people who remain in immigration detention facilities with little or no prospect of being released.[1]

Federal human rights and anti-discrimination law provides for the Commission to investigate and resolve complaints of alleged discrimination and breaches of human rights. The Commission’s complaint work is central to its role in protecting and promoting human rights and complements the Commission’s policy and education functions. The Commission’s complaint process provides an effective, efficient and accessible means by which individuals and groups can voice and resolve disputes about discrimination and human rights.

I believe sexual harassment in the workplace is still very prevalent but its victims remain silent. Most women have experienced some form of harassment in their jobs. However most women will refuse to report it or speak out against their bosses for fear of retribution. I have just been through [six] years of trying to seek some justice in my male dominated place of work. The sexual harassment that I was subjected to was nothing compared to the victimisation that took place after I rejected my boss and eventually complained about him to higher management.