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Complaint statistics - Annual Report 2009-2010: Australian Human Rights Commission

Complaint statistics

Complaint Information Service

Table 1: Website enquiries
Complaint Handling Section webpage views 314 006
Table 2: Telephone, TTY, Email, in-person and written enquiries received
Enquiry type Total
Telephone 16 178
TTY 18
Email 2 947
In-person 85
Written 740
Total 19 968
Table 3: Enquiries received by issue
Issue Total
Total* 25 837
Race 2 829
Race – racial hatred 632
Sex – direct 820
Sexual harassment 1 125
Sex – marital status, family responsibilities, parental status, carers responsibilities, breast feeding 324
Sex – pregnancy 679
Sexual preference, transgender, homosexuality, lawful sexual activity 176
Disability – impairment 3 152
Disability – HIV/AIDS/Hepatitis 107
Disability – workers compensation 160
Disability – mental health 569
Disability – intellectual/learning disability 200
Disability – maltreatment/negligence 50
Disability – physical feature 347
Age – too young 194
Age – too old 527
Age – compulsory retirement 10
Criminal record/conviction 293
Political opinion 24
Religion/religious organisations 265
Employment – personality conflicts/favouritism 146
Employment – union/industrial activity 83
Employment – unfair dismissal/other industrial issues 3 284
Employment – workplace bullying 2 036
Human rights – children 96
Human rights – civil, political, economic, social 855
Immigration – detention centres 91
Immigration – visas 237
Prisons/prisoners 185
Police 275
Court – family court 161
Court – other law matters 244
Privacy – data protection 116
Neighbourhood disputes 61
Advertising 30
Local government – administration 78
State government – administration 493
Federal government – administration 543
Other 4 340

* One enquiry may have multiple issues

Table 4: Enquiries received by State/Territory of origin
State of origin Total Percentage
Total 19 968 100
New South Wales 5 202 26
Victoria 4 289 21
South Australia 1 763 9
Western Australia 1 075 5
Queensland 3 314 17
Australian Capital Territory 332 2
Tasmania 434 2
Northern Territory 317 2
Unknown/overseas 3 242 16

Complaints overview

Table 5: Complaints received and finalised over the past five years
2005–06 2006–07 2007–08 2008–09 2009–10
Received 1 397 1 779 2 077 2 253 2 517
Finalised 1 205 1 656 1 883 2 354 2 426
Table 6: Outcomes of complaints finalised over the past five years
2005–06 2006–07 2007–08 2008–09 2009–10
Terminated/declined 44 48 39 34 32
Conciliated 39 38 48 48 50
Withdrawn 16 14 13 18 13
Discontinued* 5
Reported (AHRCA only) 1

* Complaints finalised under new statutory provision – 46 PF(5)(a) – Satisfied that complainant does not want inquiry to continue.

Table 7: Complaints received by State/Territory of complainant
State of origin Total Percentage
Total 2 517 100
New South Wales 903 36
Victoria 499 20
South Australia 221 9
Western Australia 230 9
Queensland 495 20
Australian Capital Territory 83 3
Tasmania 35 1
Northern Territory 23 1
Unknown/overseas 28 1
Table 8: Complaints received and finalised by Act
Act Received Finalised
Total 2 517 2 426
Racial Discrimination Act (RDA) 550 524
Sex Discrimination Act (SDA) 532 568
Disability Discrimination Act (DDA) 1 057 978
Age Discrimination Act (ADA) 174 162
Australian Human Rights Commission Act (AHRCA) 204 194
Table 9: Complaints received by Act over the past five years
2005–06 2006–07 2007–08 2008–09 2009–10
Total 1 397 1 779 2 077 2 253 2 517
Racial Discrimination Act 259 250 376 396 550
Sex Discrimination Act 347 472 438 547 532
Disability Discrimination Act 561 802 988 980 1 057
Age Discrimination Act 106 106 126 151 174
Australian Human Rights Commission Act 124 149 149 179 204
Table 10: Country of birth – complainants
RDA SDA DDA ADA AHRCA (%) Total
Born in Australia 49 49 52 70 35 50
Born outside of Australia 38 14 16 14 28 21
Unknown/unspecified 13 37 32 16 37 29
Table 11: Indigenous status – complainants
RDA SDA DDA ADA AHRCA Total
Aboriginal 39 3 2 0.5 3 10
Torres Strait Islander
None of the above 61 97 98 99.5 97 90
Table 12: Time from receipt to finalisation for finalised complaints
RDA SDA DDA ADA AHRCA Cumulative Total (%)
0–6 months 75 65 53 70 64 63
6–9 months 89 81.5 79 89.5 86 83
9–12 months 98 94.5 95 96 98 96
More than 12 months 100 100 100 100 100 100

Racial Discrimination Act

Table 13: Racial Discrimination Act – complaints received and finalised
Total
Received 550
Finalised 524
Table 14: Racial Discrimination Act – complaints received by ground
Racial Discrimination Act Total Percentage
Total* 922 100
Colour 54 6
National origin/extraction 38 4
Ethnic origin 76 8
Descent 4 0.5
Race 536 58
Victimisation 17 2
Racial hatred 166 18
Aids, permits or instructs 3 0.5
Association 7 1
Immigrant 21 2

* One complaint may have multiple grounds

Table 15: Racial Discrimination Act – complaints received by area
Racial Discrimination Act Total Percentage
Total* 922 100
Rights to equality before the law
Access to places and facilities 11 1
Land, housing, other accommodation 20 2
Provision of goods and services 169 18
Right to join trade unions
Employment 409 44
Advertisements
Education 18 2
Incitement to unlawful acts 4 1
Other – section 9 121 13
Racial hatred 170 19

*An area is recorded for each ground, so one complaint may have multiple and different areas.

Table 16: Racial hatred complaints received by sub-area
Racial Discrimination Act Total Percentage
Total 151 100
Media – press/TV/radio 37 24
Disputes between neighbours 14 9
Personal conflict 8 5
Employment 23 15
Racist propaganda 1 1
Internet – e-mail/webpage/chat room 51 34
Entertainment
Sport 1 1
Public debate
Provision of goods and services 12 8
Other 4 3
Table 17: Racial Discrimination Act – outcomes of finalised complaints
Racial Discrimination Act Total
Total 524
Terminated 143
At complainants request – s.46PE
Not unlawful 1
More than 12 months old 9
Trivial, vexatious, frivolous, misconceived, lacking in substance 36
Adequately dealt with already
More appropriate remedy available
Subject matter of public importance
No reasonable prospect of conciliation 97
Discontinued* 32
Withdrawn 66
Conciliated 245
Administrative closure** 38

* 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.</>

Sex Discrimination Act

Table 18: Sex Discrimination Act – complaints received and finalised
Sex Discrimination Act Total
Received 532
Finalised 568
Table 19: Sex Discrimination Act – complaints received by sex of complainant
Sex Discrimination Act Total Percentages
Total 532 100
Female 418 79
Male 101 19
Other category* 13 2

* Includes intersex, sex not specified, joint/multiple and individual/organisation on behalf of other.

Table 20: Sex Discrimination Act – complaints received by ground
Sex Discrimination Act Total Percentages
Total* 968 100
Sex discrimination 434 45
Marital status 30 3
Pregnancy 202 21
Sexual harassment 201 21
Parental status/ family responsibility 62 6
Victimisation 37 4
Aids, permits, instructs 2

* One complaint may have multiple grounds.

Table 21: Sex Discrimination Act – complaints received by area
Sex Discrimination Act Total Percentage
Total* 968 100
Employment 854 88
Goods, services and facilities 70 7
Land
Accommodation
Superannuation, insurance 2
Education 24 3
Clubs 1
Administration of Commonwealth laws and programs 16 2
Application forms etc
Trade unions, accrediting bodies 1

* An area is recorded for each ground, so one complaint may have multiple and different areas.

Table 22: Sex Discrimination Act – outcomes of finalised complaints
Sex Discrimination Act Total
Total 568
Terminated 160
At complainants request – s.46PE 1
Not unlawful 1
More than 12 months old 1
Trivial, vexatious, frivolous, misconceived, lacking in substance 20
Adequately dealt with already 2
More appropriate remedy available 2
Subject matter of public importance
No reasonable prospect of conciliation 133
Discontinued* 36
Withdrawn 61
Conciliated 275
Administrative closure** 36

* 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.

Disability Discrimination Act

Table 23: Disability Discrimination Act – complaints received and finalised
Disability Discrimination Act Total
Received 1 057
Finalised 978
Table 24: Nature of complainant’s disability
Disability Discrimination Act Total Percentage
Total* 1 173 100
Physical disability 220 19
A mobility aid is used (e.g. walking frame or wheelchair) 124 10.5
Physical disfigurement 16 1
Presence in the body of organisms causing disease (e.g. HIV/AIDS) 7 0.5
Presence in the body of organisms causing disease (other) 14 1
Psychiatric disability 178 15
Neurological disability (e.g. epilepsy) 70 6
Intellectual disability 44 4
Learning disability 54 5
Sensory disability (hearing impaired) 48 4
Sensory disability (deaf) 58 5
Sensory disability (vision impaired) 46 4
Sensory disability (blind) 19 2
Work-related injury 110 9
Medical condition (e.g. diabetes) 93 8
Other 72 6

* One complainant may have multiple disabilities.

Table 25: Disability Discrimination Act – complaints received by ground
Disability Discrimination Act Total Percentage
Total* 2 354 100
Disability of person(s) aggrieved 2 182 93
Associate 71 3
Disability – person assisted by trained animal 49 2
Disability – accompanied by assistant 5
Disability – use of appliance 10 1
Harassment 6
Victimisation 24 1
Aids, permits or instructs 7

* One complaint may have multiple grounds.

Table 26: Disability Discrimination Act – complaints received by area
Disability Discrimination Act Total Percentage
Total* 2 354 100
Employment 859 36
Goods, services and facilities 865 37
Access to premises 67 3
Land
Accommodation 35 1
Incitement to unlawful acts or offences
Advertisements
Superannuation, insurance 22 1
Education 207 9
Clubs, incorporated associations 52 2
Administration of Commonwealth laws and programs 42 2
Sport 3
Application forms, requests for information
Trade unions, registered organisations
Unlawful to contravene Disability Standard 202 9

* An area is recorded for each ground, so one complaint may have multiple and different areas.

Table 27: Disability Discrimination Act – outcomes of finalised complaints
Disability Discrimination Act Total
Total 978
Terminated 330
At complainants request – s.46PE
Not unlawful 11
More than 12 months old 7
Trivial, vexatious, frivolous, misconceived, lacking in substance 50
Adequately dealt with already 5
More appropriate remedy available 4
Subject matter of public importance
No reasonable prospect of conciliation 253
Discontinued* 33
Withdrawn 109
Conciliated 486
Administrative closure** 20

* 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

Age Discrimination Act

Table 28: Age Discrimination Act – complaints received and finalised
Age Discrimination Act Total
Received 174
Finalised 162
Table 29: Age Discrimination Act – age group of complainant
Age Discrimination Act Total Percentage
Total 174 100
 0 – 14 years 4 2
15 – 24 years 20 12
25 – 34 years 13 7
35 – 44 years 18 10
45 – 54 years 41 24
55 – 64 years 40 23
> 65 years 33 19
Unknown 5 3
Table 30: Age Discrimination Act – complaints received by area
Age Discrimination Act Total Percentage
Total* 290 100
Employment 189 65
Goods, services and facilities 73 25
Access to premises 1 0.5
Land
Accommodation 3 1
Incitement to unlawful acts or offences
Advertisements
Superannuation, insurance 11 4
Education 4 1.5
Clubs, incorporated associations
Administration of Commonwealth laws and programs 9 3
Sport
Application forms, requests for information
Trade unions, registered organisations

* One complaint may have multiple and different areas.

Table 31: Age Discrimination Act – outcomes of finalised complaints
Age Discrimination Act Total
Total 162
Terminated 56
At complainants request – s.46PE
Not unlawful 7
More than 12 months old 1
Trivial, vexatious, frivolous, misconceived, lacking in substance 14
Adequately dealt with already
More appropriate remedy available
Subject matter of public importance
No reasonable prospect of conciliation 34
Discontinued* 3
Withdrawn 23
Conciliated 75
Administrative closure** 5

* 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

Table 32: AHRCA – complaints received and finalised
Australian Human Rights Commission Act Total
Received 204
Finalised 194
Table 33: AHRCA – complaints received by ground
Australian Human Rights Commission Act Total Percentage
Total* 220 100
Race (ILO 111)
Colour (ILO 111)
Sex (ILO 111)
Religion (ILO 111) 21 9.5
Political opinion (ILO 111) 1 0.5
National extraction (ILO 111)
Social origin (ILO 111) 1 0.5
Age (ILO 111)
Medical record (ILO 111)
Criminal record (ILO 111) 67 30.5
Impairment (including HIV/AIDS status) (ILO 111)
Marital status (ILO 111)
Disability (ILO 111) 2 1
Nationality (ILO 111)
Sexual preference (ILO 111) 19 9
Trade union activity (ILO 111) 14 6
International Covenant on Civil and Political Rights 78 35.5
Declaration on the Rights of the Child
Declaration on the Rights of Mentally Retarded Persons
Declaration on the Rights of Disabled Persons 1 0.5
Convention on the Rights of the Child 5 2
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief 1 0.5
Convention on the Rights of Persons with Disabilities 9 4
Not a ground within jurisdiction
Not a human right as defined by the Act 1 0.5

*One complaint may have multiple grounds.

Table 34: AHRCA – complaints received by area
Australian Human Rights Commission Act Total Percentage
Total* 220 100
Acts or practices of the Commonwealth 94 43
Employment 125 57
Not act or practice of the Commonwealth (not employment cases) 1

* An area is recorded for each ground, so one complaint may have multiple and different areas.

Table 35: AHRCA – non-employment complaints received by sub-area
Australian Human Rights Commission Act Total Percentage
Total 95 100
Prisons, prisoner 3 3
Religious institutions
Family court matters
Other law court matters
Immigration 60 63
Law enforcement agency 1 1
State agency 1 1
Other service provider (private sector)
Local government
Education systems 4 4
Welfare systems 6 7
Personal or neighbourhood conflict
Health system 2 2
Other 18 19
Table 36: AHRCA – Outcomes of finalised complaints
Australian Human Rights Commission Act Total
Total 194
Declined 92
Does not constitute discrimination 14
Human rights breach, not inconsistent or contrary to any human right 6
More than 12 months old 1
Trivial, vexatious, frivolous, misconceived, lacking in substance 24
Adequately dealt with already 3
More appropriate remedy available 4
Withdrawn, does not wish to pursue, advised the Commission 40
Withdrawn, does not wish to pursue, settled outside the Commission
Withdrawn or lost contact
Conciliated 89
Referred for reporting* 10
Administrative closure** 3

*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.

**Not an aggrieved party, state complaint previously lodged.