Research & conference papers by the Australian Human Rights Commission’s Complaint Handling Section
Research
The Complaint Handling Section regularly undertakes research to reflect on and improve its complaint processes and to increase public understanding of the Australian Human Rights Commission’s investigation and conciliation work. The papers below include findings of recent research on the Commission’s conciliation process.
- Five years on: An update on the complaint handling work of the Australian Human Rights Commission (2005)
This paper reports on two research projects conducted by the Commission in the 2004-05 reporting year. The first section of the paper discusses trends in unlawful discrimination complaint statistics in the period since the move to a court-based determination process. The second section of the paper outlines the findings of a conciliator survey which considered, among other things, the impact of the role of the conciliator and format of the process on complaint resolution.
- Dispute
resolution in the changing shadow of the law: A study of clients'
views on the conciliation process in federal anti-discrimination law
This paper outlines the findings of a research project conducted by the Commission in 2001 which involved telephone surveys with 213 complainants and 228 respondents to complaints. The issues discussed in the paper include levels of legal representation in conciliation, reported understanding of the conciliation process, perceptions of conciliator bias, satisfaction with settlement terms and reason for settlement or non-settlement.
Presented at the 6th National Mediation Conference, Canberra, 2002 and published in the ADR Bulletin - Volume 6, Number 2, June 2003.
- A
review of outcomes of complaints under the Sex Discrimination Act
1984
This paper reviews the outcomes of complaints lodged under the Sex Discrimination in the 1997 calendar year. It includes specific information about terms of settlement for conciliated complaints.
Conference papers
The Australian Human Rights Commission is regularly invited to present papers at international and national conferences. Below are a selection of papers written and presented by staff of the Commission's Complaint Handling Section.
- Alternative Dispute Resolution as a tool for social change: a discussion of issues and evidence
This paper, which was presented at the 2008 Asia Pacific Mediation Forum Conference, considers the potential for Alternative Dispute Resolution, as conducted in the anti-discrimination law context, to contribute to the social change objectives of the law. The paper outlines the preliminary findings of research being undertaken by the Australian Human Rights Commission which considers the potential educative effect of involvement in the complaint process and the level to which conciliation agreements include elements which are likely to have impact beyond an individual complainant.
- Alternative Dispute Resolution in the human rights and anti-discrimination law context: Reflections on theory, practice and skills
This paper provides an overview of the types of Alternative Dispute Resolution (ADR) undertaken by national human rights institutions in the Asia Pacific region. The paper discusses the relevance of rights-based and interest-based approaches to ADR in this context and outlines key knowledge and skills for this area of ADR practice.
Presented at the Asia Pacific Mediation Forum Conference, Fiji Islands, 2006.
- Facilitator or advisor?: A discussion of conciliator intervention in the resolution of disputes under Australian human rights and anti-discrimination law
This paper discusses the advisory component of the conciliator's role and considers variables that influence approaches to conciliation. The paper also highlights the challenges conciliators face in reconciling legislative purpose and broader concepts of fairness and justice with notions of party empowerment and self determination that are central to the ideology of Alternative Dispute Resolution.
Presented at the 7th National Mediation Conference, Darwin, 2004.
- Behind
closed doors: Approaches to resolving complaints of sexual harassment
in employment
This paper discusses the issue of sexual harassment in employment and approaches to resolving sexual harassment complaints that are brought to the Commission. Issues considered include the appropriate format for conciliation, attendance and participation in the process and how the process is managed.
Presented at the 7th National Mediation Conference, Darwin, 2004.
- Alternative
Dispute Resolution in Education: Case Studies in Resolving Complaints
of Disability Discrimination
This paper provides insight into the types of complaints brought to the Commission regarding disability discrimination in education. The paper discusses particular characteristics of education complaints and the Commission’s approach to assisting parties to complaints to achieve appropriate outcomes. A number of case studies are included.
Presented at the 6th National Mediation Conference, Canberra, 2002
- Alternative
Dispute Resolution in the Context of Anti-Discrimination and Human
Rights Law: Some Comparisons and Considerations
This paper considers the appropriateness of Alternative Dispute Resolution (ADR) in this legal context and the particular issues that arise for practitioners in this field. The paper also looks at how ADR is incorporated in complaint process of key human rights and equal opportunity agencies in the United States, Canada and Australia.
Presented at the 5th National Mediation Conference, Brisbane, 2000.
