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Human Rights and Equal Opportunity Commission: Annual Report 2002 - 2003

Appendices

Appendix 1

International Instruments observed under legislation administered by the Human Rights and Equal Opportunity Commission

Human Rights and Equal Opportunity Commission Act

The International Covenant on Civil and Political Rights deals with many human rights and includes the right without discrimination to:

The Declaration of the Rights of the Child provides that every child has the right to:

The Declaration on the Rights of Disabled Persons provides that people with disabilities have the right to:

The Declaration on the Rights of Mentally Retarded Persons provides that people with a mental disability have the right to:

The International Labour Organisation Convention 111 deals with discrimination in employment and occupation. Australian adherence to this Convention provides that all people have the right to equal treatment in employment and occupation without discrimination on the basis of:

The Convention on the Rights of the Child confirms that children are entitled to the full range of human rights recognised in international law (subject to limitations relating to their capacity to exercise these rights and to the responsibilities of families). The Convention also recognises a range of rights relating to the special needs of children. It seeks to ensure that the protection of these rights in law and practice is improved.

The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief became part of the definition of human rights for the purposes of the Human Rights and Equal Opportunity Act on 24 February 1994. The Declaration recognises the right to freedom of religion. The only limitations to this right are those prescribed by law and which are necessary to protect public safety, order, health, morals or the fundamental rights and freedoms of others.

Racial Discrimination Act

The International Convention on the Elimination of All Forms of Racial Discrimination aims at the elimination of all forms of racial discrimination in order to promote understanding between races and provide freedom from racial segregation. It is entered into force for Australia by the Commonwealth Racial Discrimination Act 1975 in which it is scheduled.

Sex Discrimination Act

The Convention on the Elimination of All Forms of Discrimination Against Women and certain aspects of the International Labour (ILO) Convention 156 are multilateral agreements adopted under the auspices of the General Assembly of the United Nations in 1979. The Conventions recognise the civil, political, economic, social and cultural rights of women. The Commonwealth Sex Discrimination Act 1984 implemented the Convention into Australian law.

Appendix 2

Commission publications released during 2002–03

General

Human Rights and Equal Opportunity Commission Annual Report 2001–02 (tabled report)

The Complaint Guide: An introduction for people considering making a complaint, or responding to a complaint before the Human Rights and Equal Opportunity Commission (updated)

Indigenous Complaints Guide: Discrimination - Know Your Rights

Change and Continuity: Review of the Federal Unlawful Discrimination Jurisdiction

Review of Changes to the Administration of Federal Anti-Discrimination law: Reflections on the initial period of operation of the Human Rights Legislation Amendment Act (No.1) 1999 (Cth)

2002 Human Rights Award and Medals brochure

Aboriginal and Torres Strait Islander Social Justice

Social Justice Report 2002 (tabled report)

Native Title Report 2002 (tabled report)

Development and Indigenous Land: A Human Rights Approach

Native Title and Human Rights – General Pamphlet about Native Title

Benchmarking Reconciliation and Human Rights – Workshop report,
November 2002

Disability Rights

Don’t Judge What I Can Do By What You Think I Can’t: Ten years of achievements using Australia’s Disability Discrimination Act

Human Rights

A report on visits to immigration detention facilities by the Human Rights Commissioner (2001)

HREOC Report No. 19 – Report of inquiries into complaints of discrimination in employment on the basis of criminal record – Mr Mark Hall v NSW Thoroughbred Racing Board (2002)

HREOC Report No. 20 – Report of inquiries into complaints of discrimination in employment on the basis of criminal record – Ms Renai Christensen v Adelaide Casino Pty Ltd (2002)

HREOC Report No. 21 – Report of an inquiry into a complaint by six asylum seekers concerning their transfer from immigration detention centres to State prisons and their detention in those prisons (2002)

HREOC Report No. 22 – Report of an inquiry into a complaint by Mr XY concerning his continuing detention despite having completed his criminal sentence (2002)

HREOC Report No. 23 – Report of an inquiry into a complaint by Mr Hassan Ghomwari concerning his immigration detention and the adequacy of the medical treatment he received while detained (2002)

HREOC Report No. 24 – Report of an inquiry into complaints by five asylum seekers concerning their detention in the separation and management block at the Port Hedland Immigration Reception and Processing Centre (2002)

HREOC Report No. 25 – Report of an inquiry into a complaint by Mr Mohammed Badraie on behalf of his son Shayan regarding acts or practices of the Commonwealth of Australia (the Department of Immigration, Multicultural and Indigenous Affairs) (2002)

Racial Discrimination

Isma newsletters - No. 1 (May 2003) and No. 2 (June 2003).

Race Discrimination Fact Sheets

Erace forum papers (online)

Cyber-racism background paper (online)

Cyber-racism Symposium report (online)

Sex Discrimination

A Time to Value: Proposal for a Paid Maternity Leave scheme

Appendix 3

Freedom of Information

The Freedom of Information Act gives the general public legal access to government documents.

Freedom of Information statistics

During 2002–03, the Commission received 13 requests for access to documents under the Freedom of Information Act:

A total of nine applications were processed.

Categories of documents

Documents held by the Commission relate to:

Freedom of Information procedures

Initial inquiries about access to Commission documents should be directed to the Freedom of Information Officer by either telephoning (02) 9284 9600 or by writing to:

Freedom of Information Officer
Human Rights and Equal Opportunity Commission
GPO Box 5218
Sydney, NSW 1042

Procedures for dealing with Freedom of Information requests are detailed in section 15 of the Freedom of Information Act. A valid request must:

Appendix 4

The Complaint Handling Process

The Complaints Handling Process - to obtain a more accessible version of this chart, please email webfeedback@humanrights.gov.au.

* When complaints under the Racial, Sex and Disability Discrimination Acts are terminated, the complainant may apply to have the allegations heard and determined by the Federal Court or the Federal Magistrates Service.

** Complaints under the Human Rights and Equal Opportunity Commission Act concerning discrimination in employment or a breach of human rights, which cannot be conciliated, cannot be taken to the Federal Court. If the President is satisfied that the subject matter of the complaint constitutes discrimination or a breach of human rights these findings are reported to the Attorney-General for tabling in Parliament.

Appendix 5

Human resources and administrative services

Performance management and staff development

The Commission’s Performance Management Scheme provides a framework to manage and develop our staff to achieve our corporate objectives. The scheme provides regular and formal assessment of an employee’s work performance and allows for access to training and skill development.

The Commission’s Certified Agreement recognises the need to provide adequate training for staff to support workplace changes. This is especially relevant with changes in the information technology area where staff are provided with relevant and ongoing computer training.

As part of the Commission’s staff development strategy, staff are provided with support under our Studies Assistance policy. The policy provides for access to study leave where study is relevant to the work of the Commission, an individual’s work responsibilities and where it assists with career development.

Workplace diversity and equal employment opportunity

The Commission recognises that diversity in our staff is one of our greatest strengths and assets and is committed to valuing and promoting the principles of workplace diversity through our work practices. The Commission’s Workplace Diversity Plan has been in operation since September 1999 and was reviewed in 2002–03 by the Workplace Diversity Committee, which assessed that the majority of performance indicators were being met. In the latter part of 2003 the Committee will develop a new Workplace Diversity Plan. Committee members attended a workshop on the retention and recruitment of Indigenous staff and will develop strategies for the plan.

Cultural awareness training was held for all Commission staff in July 2002 and staff also celebrated NAIDOC week and the International Day for People with Disabilities during the year. The Commission again supported an Indigenous trainee under a 12-month training program as part of the Commission’s Indigenous employment strategy to assist in the employment and development of Indigenous staff. Other strategies under the plan include supporting staff with family responsibilities, such as: part-time work and supporting employment opportunities for people with disabilities.

Occupational health and safety

The Commission’s Health and Safety Committee includes a staff health and safety representative and four corporate support staff who met regularly through the year. A hazards survey was conducted in November 2002 and no major problems were identified. The Committee monitor any OH&S issues that arise and personnel staff attend COMCARE forums. Ongoing assistance and support on OH&S and ergonomic issues is provided to new and existing staff. There have been no dangerous accidents or occurrences reported.

The Commission continues to provide staff with access to counselling services through its Employee Assistance Program. This is a free, confidential service for staff and their families which provides counselling on personal and work-related problems if required.

Workplace relations and employment

Staff at the Commission are employed under section 22 of the Public Service Act 1999. The Commission’s current Agreement was certified by the Australian Industrial Relations Commission on 19 December 2002 and is in operation until 15 July 2005. The Agreement is comprehensive and was certified under section 170LJ of the Workplace Relations Act 1976.

The number of Commission employees covered by the Agreement as at 30 June 2002 was 109, including both ongoing and non-ongoing staff. Productivity savings funded a 12 percent salary increase to staff, delivered in three instalments over the life of the Agreement. Redundancy benefits were changed, with a reduction to the retention periods from 13 and seven months to three months and an early separation payment in lieu of notice periods. Travelling allowances were aligned to the Australian Taxation Office’s rulings on reasonable daily travel allowance and a private non-commercial rate for travelling allowance was introduced. The Agreement maintains core employment conditions and supports family friendly policies. Staff are able to purchase additional leave and access further benefits such as salary packaging and cashing out five days recreation leave (subject to conditions). Salary progression within classification levels is subject to performance assessment. Salary ranges are reflected in the table below. The Commission has five staff covered by Australian Workplace Agreements, including one Senior Executive level staff member.

The Commission provides corporate support to the Office of the Federal Privacy Commissioner (OFPC). The OFPC is co-located with the Commission and has negotiated a Memorandum of Understanding for the provision of corporate support.

Staffing overview

The Commission’s average staffing level for 2002–03 was 95 staff with a turnover of 14 percent for ongoing staff. This was a similar turnover to the two previous financial years. In order to meet some short-term staffing needs for the year additional non-ongoing staff were employed. An overview of the Commission’s staffing profile as at 30 June 2003 is summarised in the table below.

Classification Male Female Full-time Part-time Total Ongoing Total non-
Ongoing
Statutory Office Holder
3
1
3
1
4
SES Band
1
1
1
SES Band 1
EL 2 above the barrier
($87 025)
2
1
1
2
EL 2
($72 425 - $83 412)
9
10
17
2
18
1
EL 1
($62 796 - $68 863)
6
10
12
4
13
3
APS 6
($50 202 - $56 268)
5
22
26
1
21
6
APS 5
$45 352 - $48 984)
4
3
6
1
3
4
APS 4
($40 661 - $44 149)
0
10
9
1
5
5
APS 3
($36 483 - $39 376)
2
12
10
4
9
5
APS 2
($32 913 -$35 519)
1
4
4
1
4
1
APS 1
($28 303 - $31 280)
2
2
1
3
2
2
TOTAL
32
77
90
19
78
31


Consultancy services

During 2002–03 the Commission used a range of consultancy services where there was, for example, a need for rapid access to latest technology and experience in its application; lack of in-house resources; the need for independent study; or a need for a change agent or facilitator. There were 12 consultants under engagement during the financial year and total payments of $350,686.03 were made to consultants. A full listing of the names and amounts is available on the Commission website at www.humanrights.gov.au.

Purchasing

The Commission’s purchasing procedures are based on the Commonwealth Procurement Guidelines issued by the Department of Finance and Administration. The procedures address a wide range of purchasing situations, allowing managers to be flexible when making purchasing decisions whilst complying with the Commonwealth’s core principle of value for money.

Ecologically sustainable development and environmental performance

The Commission uses energy saving methods in its operations and endeavours to make the best use of resources.

The Commission has implemented a number of environmental initiatives to ensure issues of environmental impact are addressed. Waste paper, cardboard, printer cartridges and other recyclable materials are recycled subject to the availability of appropriate recycling schemes. Preference is given to environmentally sound products when purchasing office supplies. Purchase and/or leasing of “Energy Star” rated office machines and equipment is encouraged, as are machines with ‘power save’ features.

Fraud control

The Commission has prepared a fraud risk assessment and fraud control plan and has procedures and processes in place to assist in the process of fraud prevention, detection, investigation and reporting in line with the Commonwealth Fraud Control Guidelines. The Fraud Control Plan is made available electronically to all Commission staff.

Commonwealth Disability Strategy

The Commission along with all other Australian Government agencies reports against the CDS performance framework annually. Full details on the CDS can be found on the Department of Family and Community Services website at www.facs.gov.au/disability/cds.

Through the CDS, the government seeks to ensure its policies, programs and services are as accessible to people with disabilities as they are to all other Australians. This of course is integral to the work of the Commission and evident in the work we do. The CDS identifies five core roles that may be relevant to the agency. The Commission’s primary roles are that of policy adviser, service provider and employer. Full details on the policies and services highlighted in the appendices can be found within the relevant section of the Annual Report.

The Commission’s last Disability Action Plan was reviewed in 2001 and this can be found on the Commission’s website. The Commission is in the process of developing a new action plan. The Commission is committed to implementing best practices in providing and improving access to its services for people with disabilities. In particular, our Complaint Handling processes, online access to our services, website and education material, and consultation with disability groups provide examples of what we are doing to achieve this. Further details of these can be found within the Annual Report.

COMMONWEALTH DISABILITY STRATEGY PERFORMANCE

REPORTING JUNE 2003

Further details on programs and policies outlined against the performance indicators can be found in the relevant section of the annual report.

Policy Advisor Role

Performance Indicator 1:

New or revised policy/program assess impact on the lives of people with disabilities prior to decision

Performance measure

Current level of performance 2002–03

Performance Indicator 2:

People with disabilities are included in consultation about new or revised policy/program proposals

Performance measure

Current level of performance 2002–03

Performance Indicator 3:

Public announcements of new, revised or proposed policy/program initiatives are available in accessible formats for people with disabilities in a timely manner

Performance measure

Current level of performance 2002–03

Provider Role

Further details on the Commission’s Complaint Handling function, with a full description of its services and relevant statistics can be found in the Complaint Handling Section of the Annual Report.

Performance Indicator 1:

Complaints information service provides information about complaint handling service to people with disabilities

Performance measure

Current level of performance 2002–03

Goals 2003–04

Performance Indicator 2:

Complaint handling service accessible to people with disabilities

Performance measure

Current level of performance 2002–03

Performance Indicator 3:

Staff training and development, includes training related to people with disabilities

Performance measure

Current level of performance 2002–03

Performance Indicator 4:

Complaint mechanism in place to address concerns raised about service and addresses requirements of people with disabilities

Performance measure

Current level of performance 2002–03

Employer Role

Performance Indicator 1:

Employment policies, procedures and practices comply with the requirements of the Disability Discrimination Act 1992

Performance Measure

Current level of performance 2002–03

Performance Indicator 2:

Recruitment information for potential job applicants is available in accessible formats on request

Performance measure

Actions for 2002–03

Performance Indicator 3:

Agency recruiters and managers apply the principle of reasonable adjustment

Performance measure

Current level of performance 2002–03

Performance Indicator 4:

Training and development programs consider the needs of staff with disabilities

Performance measure

Current level of performance 2002–03

Performance Indicator 5:

Training and development programs include information on disability issues as they relate to the content of the program

Performance measure

Current level of performance 2002–03

Actions 2003–04

Performance Indicator 6:

Complaint/grievance mechanism, including access to external mechanisms, in place to address issues and concerns by staff

Performance measure

Current level of performance 2002–03

Note: Accessible electronic formats include ASCII or text files and html for the web. Non-electronic accessible formats include Braille, audio cassette, large print and easy English. Other ways of making information available include: video captioning and Auslan interpreters.