Annual Report 1999 - 2000
The Commission
Vision
An Australian society in which the human rights of all are respected and promoted.
Mission
To provide leadership on human rights through:
- building partnerships with others; having a constructive relationship with government;
- being responsive to the community; and
- promoting community ownership of human rights.
To ensure that Australians:
- have access to independent human rights complaint handling and public inquiry processes;
- and benefit from human rights education, promotion, monitoring and compliance activities.
As an effective organisation, we are committed to:
- unity of purpose;
- valuing our diversity and creativity; and
- the pursuit of best practice.
Structure
The Commission is an organisation established under the Human Rights and Equal Opportunity Commission Act 1986. It has a President and six Commissioners. The six positions are currently held by four persons.
President, Professor Alice Tay
Professor Tay is a lawyer and an academic. She is Challis Professor of Jurisprudence with the University of Sydney Faculty of Law. Her work is focused on socialist legal systems and legal culture (including the former Soviet Union, Vietnam and the People's Republic of China); comparative law and macro-sociology of law; legal and social philosophy; jurisprudence; human rights and Asian Pacific legal systems. She speaks Russian and Chinese.
She has lectured in many countries and was Distinguished Visiting Professor of Law, Humanities and Social Sciences, and Visiting Fellow, in the United States, Canada, the People's Republic of China, Italy, Japan and Germany. She is the author and editor, and co-author and co-editor (with the late Eugene Kamenka), of 20 books and over 120 articles.
As Director of the Centre for Asian and Pacific Law in the University of Sydney, she has been very active in organising and conducting intensive legal and human rights training courses for Vietnam and the People's Republic of China. She was a part-time Commissioner with the Australian Law Reform Commission, a member of the Australian Science and Technology Council, and President of the International Association for Philosophy of Law and Social Philosophy. She is a member of the International Legal Services Advisory Committee of the Attorney-General's Department.
Human Rights Commissioner
Chris Sidoti has held the following positions during his career: National Secretary of the Catholic Commission for Justice and Peace; Deputy President of the Australian Council of Social Services; President of the Youth Affairs Council of Australia; head of the Director General's Unit within the NSW Department of Youth and Community Services; foundation Secretary of the Human Rights and Equal Opportunity Commission; and, immediately before his current appointment, a Commissioner at the Australian Law Reform Commission.
Mr Sidoti is presently a member of the Advisory Council of the Australian Association of Young People in Care, the National Executive of the National Association for the Prevention of Child Abuse and Neglect, the Human Rights Council of Australia, the Advisory Council of the Asia Australia Institute and the Board of the International Bureau for Children's Rights.
Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner, Dr Bill Jonas
Until his appointment as Social Justice Commissioner, Dr Bill Jonas was Director of the National Museum of Australia and from 1991-96 was Principal of the Australian Institute of Aboriginal and Torres Strait Islander Studies in Canberra. Dr Jonas comes from an academic background. Before becoming Director of Aboriginal Education at Newcastle University in 1990, he was a lecturer in geography at the University of Newcastle and before that at the University of Papua New Guinea.
In the mid 1980s, Dr Jonas was a Royal Commissioner with the late Justice Jim McClelland on the Royal Commission into British Nuclear Tests in Australia. He has held positions on the Immigration Review Tribunal, the Australian Heritage Commission and the Joint Ministerial Taskforce on Aboriginal Heritage and Culture in NSW.
Dr Jonas holds a Bachelor of Arts degree from the University of NSW, a Master of Arts degree from the University of Newcastle and a PhD from the University of Papua New Guinea.
Dr Jonas has been acting Race Discrimination Commissioner since September 1999.
Sex Discrimination Commissioner and Acting Disability Commissioner, Susan Halliday
Prior to her appointment as the Sex Discrimination Commissioner, Susan Halliday was an Assistant Director with the Business Council of Australia where she was responsible for policy development, advocacy, coordination of research and member company employee relations, employment, human resource management and education and training activity.
Previously Ms Halliday was the Assistant Director with the private sector Council for Equal Opportunity in Employment and also worked for BHP in a range of positions. Over the past decade Ms Halliday has lectured at a number of universities and was originally a secondary school teacher of History and English.
Ms Halliday is currently Chair of the National Centre for Women (Swinburne University) and a board member of Australians Against Child Abuse and the Australian Student Traineeship Foundation.
Ms Halliday has been acting Disability Discrimination Commssioner since 1999.
Privacy Commissioner, Malcolm Crompton
Between 1996 and 1999, Malcolm Crompton was AMP's Manager of Government Affairs in Canberra, representing the organisation in its relations with Government. In partnership with AMP's business units, he helped with the strategic management of major public policy issues for AMP.
Mr Crompton's distinguished career in the Department of Finance includes management roles in: Employment; Expenditure; Social Security; Retirement Benefits; and Transport and Industry.
He was Founder Trustee of the Australian Government Employee Superannuation Trust, served as adviser to the Parliamentary Retiring Allowances Trust and was an Alternate Trustee of the Commonwealth Superannuation Scheme and the Public Sector Superannuation Scheme.
Mr Crompton has also served on various other Government Committees, including the Steering Committee on the Rewrite of the Public Service Act (1995 - 1996), the Steering Committee on the Evaluation of Working Nation (1995_96) and the International Monetary Fund Panel of Fiscal Experts.
From 1st July 2000, the Privacy Commissioner is no longer a member of the Commission.
Legislation
The Commission is responsible for implementing the following Acts:
- Human Rights and Equal Opportunity Commission Act 1986;
- Racial Discrimination Act 1975
- Sex Discrimination Act 1984
- Disability Discrimination Act 1992
- Privacy Act 1988
Functions performed under these Acts are vested in the Commission as a collegiate body in the President or individual members of the Commission or in the federal Attorney-General.
Other legislation administered through the Commission includes functions under the Native Title Act 1993 performed by the Aboriginal and Torres Strait Islander Social Justice Commissioner. The Sex Discrimination Commissioner has functions in relation to federal awards and equal pay under the Workplace Relations Act 1996
Legislative changes to the Commission
The Human Rights Legislation Amendment Act No. 1 1999 (Cth) the Amending Act received Royal Assent on 13 October 1999. Its substantive provisions commenced on 13 April 2000. The effect of the major amendments contained in the Act is to:
- transfer the power to hear complaints of unlawful discrimination from the Commission to the Federal Court;
- transfer all complaint handling powers from the Race, Sex and Disability Discrimination Commissioners to the President;
- remove the internal Presidential review function from the Racial Discrimination Act, Sex Discrimination Act and Disability Discrimination Act, and provide that where a complaint is declined by the President, the complainant will be able to go directly to the Federal Court;
- remove the function of the President or Commission to grant interim determinations and vest a function to grant interim injunctions in the Federal Court; and
- create the role of amicus curiae for all Commissioners in proceedings under the amending legislation that are before the Federal Court.
Human Rights and Equal Opportunity Commission Act
The Human Rights and Equal Opportunity Commission Act 1986 established the Commission. The Act provides for the Commission's administration and gives it responsibility in relation to the following seven international human rights instruments:
- International Covenant on Civil and Political Rights;
- International Labour Organisation Discrimination (Employment and Occupation)Convention (ILO 111);
- Convention on the Rights of the Child;
- Declaration on the Rights of the Child;
- Declaration on the Rights of Disabled Persons;
- Declaration on the Rights of Mentally Retarded Persons; and
- Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.
Racial Discrimination Act
The Racial Discrimination Act 1975 gives effect to Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination.
Its main areas are to:
- promote equality before the law for all persons, regardless of their race, colour or national or ethnic origin; and
- make discrimination on the basis of race, colour, descent or national or ethnic origin, unlawful.
The Act was amended in 1995 to provide protection against racial hatred.
Sex Discrimination Act
The Sex Discrimination Act 1984 gives effect to Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour Organisation (ILO) Convention 156.
Its main aims are to:
- promote equality between men and women;
- eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities; and
- eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, accommodation and in the delivery of Commonwealth programs.
Disability Discrimination Act
The objectives of the Disability Discrimination Act 1992 are to:
- eliminate discrimination against people with disabilities as far as is possible;
- promote community acceptance of the principle that people with disabilities have the same fundamental rights as all members of the community; and
- ensure as far as practicable that people with disabilities have the same rights to equality before the law as other people in the community.
Privacy Act
The Privacy Act 1988 gives effect to OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data and the International Covenant on Civil and Political Rights (Article 17). The Act provides legally binding protection for the collection and use of personal information collected by federal government.
The Act also regulates the use of tax file numbers and the handling of credit information by the credit industry.
Functions and powers
The Commission's responsibilities fall within four main areas:
- public awareness and education;
- anti-discrimination and human rights complaints;
- human rights compliance; and
- policy and legislative development.
In order to fulfil its obligations, the Commission:
- fosters public discussion, and undertakes and coordinates research and educational programs to promote human rights and eliminate discrimination in relation to all Acts;
- investigates alleged infringements under the anti-discrimination and privacy legislation, and attempts to resolve these matters through conciliation, where this is considered appropriate. The President may terminate a complaint if there is no reasonable prospect of settling the complaint by conciliation. This applies to the Racial, Sex, Disability Discrimination and Privacy Acts;
- See Complaint Handling section for description of processes of termination of a complaint.
- if a complainant wants to have the complaint heard and determined by the Federal Court they must lodge an application to the Federal Court within 28 days of a notice of termination issued by the President.
- inquires into acts or practices that may infringe human rights or that may be discriminatory. If infringements are identified, the Commission formally reports on the case and recommends action to resolve the situation. This applies to the Human Rights and Equal Opportunity Commission Act; may advise on legislation relating to human rights and monitor its implementation; may review existing and proposed legislation for any inconsistency with human rights or for any discriminatory provision which impairs equality of opportunity or treatment in employment or occupation; may examine any new international instruments relevant to human rights and advise the Federal Government on their consistency with other international treaties or existing Australian law; and may propose laws or suggest actions the Government may take on matters relating to human rights and discrimination.
In order to carry out these functions the Commission is empowered under all Acts (unless otherwise specified) to:
1. refer individual complaints to the President for investigation and conciliation;
2.require persons to produce information or documents or appear before the Commission to give evidence in public hearings related to individual complaints;
3.report to the Government on any matters arising in the course of its functions;
4.establish advisory committees;
5.formulate guidelines which ensure governments act in conformity with human rights rules;
6.intervene in court proceedings involving human rights matters;
7.grant exemptions under certain conditions (Sex and Disability Discrimination Acts); and
8. conduct national inquiries into issues of major importance - either on its own initiative or at the request of the Attorney-General.
Specific functions of Commissioners
In addition to the broad functions outlined above, a number of Commissioners have specific responsibilities.
Aboriginal and Torres Strait Islander Social Justice Commissioner
The Aboriginal and Torres Strait Islander Social Justice Commissioner, under the Human Rights and Equal Opportunity Commission Act, prepares an annual report on the exercise and enjoyment of human rights of Indigenous people, and undertakes social justice education and promotional activities. The Commissioner has no power to receive complaints under this Act.
The Commissioner also performs separate reporting functions under the Native Title Act 1993 This includes preparing an annual report on the operation of the Act and its effect on the exercise and enjoyment of human rights of Indigenous people. The Commissioner also reports, when requested by the Minister, on any other matter relating to the rights of Indigenous people under this Act.
Privacy Commissioner
Under the Privacy Act, the Privacy Commissioner has specific functions in relation to complaint handling and investigation of breaches of the Act, and auditing and monitoring compliance with the Act. There is provision in the Act for the Privacy Commissioner to make public interest determinations, which fulfil a similar role to exemptions under the anti-discrimination legislation. The Commissioner also provides policy advice and promotion of privacy issues to encourage adoption of privacy standards more broadly in the community. The Commissioner also performs functions under the following legislation:
- that the Commissioner administers Part VIIC of the Crimes Act 1914, the Commonwealth `Spent Convictions Scheme'. This law provides protection for individuals with old minor convictions in certain circumstances. The Privacy Commissioner has a role to investigate breaches of the legislation. The Commissioner is also required to provide advice to the Attorney-General in relation to exemptions under the scheme;
- that the Data-matching Program (Assistance and Tax) Act 1990 regulates data-matching between the Tax Office and four assistance agencies to detect overpayments, ineligibility for assistance and tax evasion. Under the Act, the Commissioner is responsible for issuing guidelines for protecting privacy, investigating complaints and monitoring agency compliance;
- that under the National Health Amendment Act 1993, the Commissioner is required to issue guidelines which cover the storage, use, disclosure and retention of individuals' claims information under the Pharmaceutical Benefits Scheme and the Medicare program; and
- that the Commissioner has a range of monitoring and compliance functions under the new Telecommunications Act 1997.
From 1st July 2000 the Privacy Commission is no longer a member of the Commission. See Privacy Commissioner's statement.
Sex Discrimination Commissioner
The Workplace Relations Act 1996 gives the Sex Discrimination Commissioner the power to initiate and refer equal pay cases and other specific matters to the Industrial Relations Commission.
The Minister
The Attorney-General, the Honourable Daryl Williams, AM, QC, MP, is the Minister responsible in Parliament for the Commission. He has a number of powers under the Human Rights and Equal Opportunity Commission Act.
The most significant are:
Last updated 1 December 2001.
- to make, vary or revoke an arrangement with states or territories for the performance of functions relating to human rights or to discrimination in employment or occupation;
- to declare, after consultation with the states, an international instrument to be one relating to human rights and freedoms for the purposes of the Act; and
- to establish an advisory committee (or committees) to advise the Commission in relation to the performance of its functions. The Commission will, at his request, report to him on Australia's compliance with International Labour Organisation Convention 111 and advise him on national policies relating to equality of opportunity and treatment in employment and occupation.
