Appendix 3: Complaint statistics
Enquiries and complaints received
The Commission received 19 688 enquiries in 2013-14. This is 16% higher than the number received in the previous year. The majority of enquiries (73%) were received via our National Information Hotline. The main issues raised by enquirers in this reporting year related to disability discrimination (18%); general employment matters, including harassment and bullying (17%); discrimination on grounds covered by the Sex Discrimination Act (11%); racial discrimination, including racial hatred (8%); and human rights-related issues, including immigration and immigration detention (7%).
In 2013-14, the Commission received 2223 complaints. One complaint may raise a number of grounds and areas of discrimination and be against one or more respondents. If the Commission counted complaints by respondents, the number of complaints received in 2013-14 would increase to 3004. If the Commission counted complaints received by grounds and areas of discrimination, the number of complaints received would increase to 4787 and 2579 respectively.
The number of complaints received in 2013-14 is slightly higher (2%) than that received in the previous reporting year. In 2013-14:
- 38% of complaints were lodged under the Disability Discrimination Act
- 21% of complaints were lodged under the Sex Discrimination Act
- 17% of complaints were lodged under the Racial Discrimination Act
- 16% of complaints were lodged under the Australian Human Rights Commission Act
- 8% of complaints were lodged under the Age Discrimination Act.
Employment was the main area of complaint under the Sex Discrimination Act (80%), Age Discrimination Act (62%) and the Racial Discrimination Act (37%). The provision of goods, services and facilities was the main area of complaint under the Disability Discrimination Act (39%).
Outcomes of complaints
The Commission finalised 2178 complaints during 2013-14. We conducted approximately 1444 conciliation processes, of which 1017 complaints (70%) were successfully resolved. This represents successful dispute resolution for more than 2034 people and organisations involved in complaints before the Commission. The conciliation success rate in 2013-14 is the highest achieved in recent years.
Information on the outcomes of conciliated complaints indicates that 23% included terms which will have benefits for people beyond the individual complainant. For example, terms included agreements to introduce anti-discrimination policies and provide anti-discrimination training in workplaces, as well as agreements to undertake modifications to buildings and services to address potential discriminatory factors.
Commission survey data also highlights the educative effect of the Commission’s complaint process. For example, in relation to conciliated complaints, 71% of surveyed participants indicated that involvement in the complaint process had assisted them to better understand their rights and responsibilities under federal human rights and anti- discrimination law.1
Data provided to the Commission indicates that, in 2013-14, approximately 4% of finalised complaints regarding unlawful discrimination proceeded to court. The majority of these complaints (93%) were terminated by the Commission on the basis that there was no reasonable prospect of the matter being settled by conciliation.
Timeliness of the complaint process
In 2013-14, 54% of complaints were finalised within three months, 85% within six months, 94% within nine months and 97% within 12 months. The average time from receipt to finalisation of a complaint was approximately 3.4 months. Over recent years, there has been a significant improvement in the timeliness of the complaint process which can be attributed to ongoing innovations in the Commission’s complaint process and improved data collection processes.
Demographic data
Information on the geographical location and ethnicity of complainants is provided in Tables 8, 11 and 12.
Demographic data obtained during the complaint process indicates that, in 2013-14, 50% of complaints were lodged by individual males, 47% by individual females and 3% by other categories. Other categories include intersex, sex not specified, joint/multiple complainants and organisations.
Where referral source was identified, 47% of complainants reported that they knew about the Commission prior to lodging their complaint. The other main identified referral sources were private lawyers (14%); the Internet (12%); family members, friends or support people (8%); and specialist advocacy agencies, such as advocacy agencies for people with disabilities, women or Aboriginal and Torres Strait Islander peoples (4%).
The majority of complainants (69%) indicated that their main source of income at the time of the alleged act was from a form of employment. Of this group, 78% indicated they were in full-time or part- time permanent employment, 18% were engaged in casual, contract or outwork and 4% were self- employed.
Approximately 36% of complainants said they were represented at the beginning of the complaint process and 45% of these complainants said they were represented by privately funded solicitors. The level of overall representation is similar to previous years but there is a slight increase in private legal representation, in comparison with the average over the past five years (39%). Other identified forms of representation were family members or friends (19%); other advocacy groups, such as working women’s centres or disability advocacy services (16%); community legal centres, including Aboriginal or disability legal services (11%); and trade unions or professional associations (7%).
In 2013-14, the main respondent organisation categories were private enterprise (52%), Commonwealth departments/statutory authorities (22%) and State departments/statutory authorities (12%). These have been the main respondent organisation categories over recent years.
- Further details of the Commission’s Service Satisfaction survey for 2013-14 are provided at page 68.
National Information Service
Table 1: Website enquiries
| Webpage views | 326 726 |
|---|
Table 2: Enquiries received by mode of contact
|
Enquiry type
|
Number
|
|---|---|
|
Telephone
|
14 429
|
|
TTY/NRS
|
6
|
|
Email/Smartform/Webform
|
4 545
|
|
In person
|
102
|
|
Written
|
606
|
|
Total
|
19 688
|
Table 3: Enquiries received by State/Territory of enquirer
|
State of origin
|
Number
|
Percentage
|
|---|---|---|
|
New South Wales
|
4 487
|
23
|
|
Victoria
|
2 487
|
13
|
|
South Australia
|
670
|
3
|
|
Western Australia
|
1 322
|
7
|
|
Queensland
|
2 025
|
10
|
|
Australian Capital Territory
|
422
|
2
|
|
Tasmania
|
247
|
1
|
|
Northern Territory
|
292
|
2
|
|
Unknown/overseas
|
7 736
|
39
|
|
Total
|
19 688
|
100
|
Complaints overview
Table 4: Complaints received in 2013-14
|
2013-14
|
|
|---|---|
|
Counted by complainants*
|
2 223
|
|
Counted by respondents
|
3 004
|
|
Counted by grounds of discrimination
|
4 787
|
|
Counted by areas of discrimination
|
2 579
|
* The Commission counts complaints by complainants. Other State and Territory anti- discrimination bodies may count complaints by respondents and/or by grounds of discrimination and/or by areas of discrimination raised in a complaint.
Table 5: Complaints received and finalised over the past five years
|
2009-10
|
2010-11
|
2011-12
|
2012-13
|
2013-14
|
|
|---|---|---|---|---|---|
|
Received
|
2 517
|
2 152
|
2 610
|
2 177
|
2 223
|
|
Finalised
|
2 426
|
2 266
|
2 605
|
2 500
|
2 178
|
Table 6: Outcomes of finalised complaints over the past five years
|
2009-10 (%)
|
2010-11 (%)
|
2011-12 (%)
|
2012-13 (%)
|
2013-14 (%)
|
|
|---|---|---|---|---|---|
|
Terminated/declined
|
32
|
35
|
31
|
33
|
23
|
|
Conciliated
|
50
|
47
|
48
|
45
|
49
|
|
Withdrawn*
|
13
|
11
|
12
|
13
|
16
|
|
Discontinued**
|
5
|
6
|
8
|
9
|
9
|
|
Referred for reporting (Australian Human Rights Commission Act only)
|
–
|
1
|
1
|
–
|
3
|
* This category includes where a complainant withdraws due to personal circumstances or where they decide not to proceed after reviewing information from the respondent or being provided with information about the law and/or a preliminary assessment of the complaint.
** A complaint may be discontinued where a complainant does not respond to the Commission’s attempts to contact them, including after being provided with an assessment of the complaint.
Table 7: Complaints resolved by conciliation over the past five years
|
2009-10 (%)
|
2010-11 (%)
|
2011-12 (%)
|
2012-13 (%)
|
2013-14 (%)
|
|
|---|---|---|---|---|---|
|
Complaints successfully resolved
|
69
|
64
|
66
|
65
|
70
|
|
Complaints unable to be resolved
|
31
|
36
|
34
|
35
|
30
|
Table 8: Complaints received by State/Territory of complainant
|
State of origin
|
Number
|
Percentage
|
|---|---|---|
|
New South Wales
|
804
|
36
|
|
Victoria
|
476
|
22
|
|
South Australia
|
139
|
6
|
|
Western Australia
|
326
|
15
|
|
Queensland
|
314
|
14
|
|
Australian Capital Territory
|
60
|
3
|
|
Tasmania
|
29
|
1
|
|
Northern Territory
|
52
|
2
|
|
Unknown/overseas
|
23
|
1
|
|
Total
|
2 223
|
100
|
Table 9: Complaints received and finalised by Act
|
Act
|
Received
|
Finalised
|
|---|---|---|
|
Racial Discrimination Act
|
380
|
443
|
|
Sex Discrimination Act
|
474
|
451
|
|
Disability Discrimination Act
|
830
|
796
|
|
Age Discrimination Act
|
184
|
168
|
|
Australian Human Rights Commission Act
|
355
|
320
|
|
Total
|
2 223
|
2 178
|
Table 10: Complaints received by Act over the past five years
|
2009-10
|
2010-11
|
2011-12
|
2012-13
|
2013-14
|
|
|---|---|---|---|---|---|
|
Racial Discrimination Act
|
550
|
422
|
477
|
500
|
380
|
|
Sex Discrimination Act
|
532
|
459
|
505
|
417
|
474
|
|
Disability Discrimination Act
|
1 057
|
823
|
955
|
793
|
830
|
|
Age Discrimination Act
|
174
|
175
|
196
|
157
|
184
|
|
Australian Human Rights Commission Act
|
204
|
273
|
477
|
310
|
355
|
|
Total
|
2 517
|
2 152
|
2 610
|
2 177
|
2 223
|
Table 11: Country of birth of complainants
|
RDA (%)
|
SDA (%)
|
DDA (%)
|
ADA (%)
|
AHRCA (%)
|
Total (%)
|
|
|---|---|---|---|---|---|---|
|
Born in Australia
|
34
|
23
|
38
|
37
|
18
|
31
|
|
Born outside of Australia
|
37
|
11
|
12
|
18
|
57
|
23
|
|
Unknown/ unspecified
|
29
|
66
|
50
|
45
|
25
|
46
|
Table 12: Aboriginal and Torres Strait Islander status of complainants
|
RDA (%)
|
SDA (%)
|
DDA (%)
|
ADA (%)
|
AHRCA (%)
|
Total (%)
|
|
|---|---|---|---|---|---|---|
|
Aboriginal
|
36
|
1
|
2
|
0.5
|
2
|
9
|
|
Torres Strait Islander
|
–
|
–
|
–
|
–
|
–
|
–
|
|
Both of the above
|
1
|
–
|
–
|
0.5
|
–
|
–
|
|
None of the above/ Unknown
|
63
|
99
|
98
|
99
|
98
|
91
|
Table 13: Time from receipt to finalisation for finalised complaints
|
RDA (%)
|
SDA (%)
|
DDA (%)
|
ADA (%)
|
AHRCA (%)
|
Cumulative Total (%)
|
|
|---|---|---|---|---|---|---|
|
0-3 months
|
61
|
59
|
51
|
67
|
39
|
54
|
|
3-6 months
|
95
|
88
|
85
|
95
|
65
|
85
|
|
6-9 months
|
98
|
98
|
96
|
100
|
75
|
94
|
|
9-12 months
|
99
|
99
|
99
|
–
|
83
|
97
|
Racial Discrimination Act
Table 14: Racial Discrimination Act – Complaints received and finalised
|
Racial Discrimination Act
|
Total
|
|---|---|
|
Received
|
380
|
|
Finalised
|
443
|
Table 15: Racial Discrimination Act – Complaints received by ground
|
Racial Discrimination Act – Grounds
|
Number
|
Percentage
|
|---|---|---|
|
Colour
|
90
|
9.5
|
|
National origin
|
128
|
13
|
|
Ethnic origin
|
185
|
19
|
|
Descent
|
33
|
4
|
|
Race
|
353
|
37
|
|
Racial hatred
|
116
|
12
|
|
Immigrant status
|
10
|
1
|
|
Association
|
5
|
1
|
|
Victimisation
|
30
|
3
|
|
Incite unlawful act
|
4
|
0.5
|
|
Advertisements
|
2
|
–
|
|
Total*
|
956
|
100
|
* One complaint may raise multiple grounds.
Table 16: Racial Discrimination Act – Complaints received by area
|
Racial Discrimination Act – Areas
|
Number
|
Percentage
|
|---|---|---|
|
Rights to equality before the law
|
1
|
–
|
|
Access to places and facilities
|
5
|
1
|
|
Land, housing, other accommodation
|
7
|
2
|
|
Provision of goods and services
|
140
|
29
|
|
Right to join trade unions
|
–
|
–
|
|
Employment
|
178
|
37
|
|
Education
|
15
|
3
|
|
Other – section 9
|
18
|
4
|
|
Racial hatred
|
116
|
24
|
|
Total*
|
480
|
100
|
* One complaint may relate to more than one area.
Table 17: Racial hatred complaints received by sub-area
|
Racial hatred sub-areas
|
Number
|
Percentage
|
|---|---|---|
|
Media – press/TV/radio
|
12
|
10
|
|
Disputes between neighbours
|
8
|
7
|
|
Personal conflict
|
17
|
14
|
|
Employment
|
31
|
27
|
|
Racist propaganda
|
2
|
2
|
|
Internet – email/webpage/chat room
|
12
|
10
|
|
Entertainment
|
1
|
1
|
|
Sport
|
1
|
1
|
|
Public debate
|
–
|
–
|
|
Provision of goods and services
|
30
|
26
|
|
Education
|
2
|
2
|
|
Total
|
116
|
100
|
Table 18: Racial Discrimination Act – Outcomes of finalised complaints
|
Racial Discrimination Act – Outcomes
|
Number
|
|---|---|
|
Terminated
|
108
|
|
At complainant’s request – s.46PE
|
–
|
|
Not unlawful
|
–
|
|
More than 12 months old
|
4
|
|
Trivial, vexatious, frivolous, misconceived, lacking in substance
|
18
|
|
Adequately dealt with already
|
–
|
|
More appropriate remedy available
|
–
|
|
Subject matter of public importance
|
–
|
|
No reasonable prospect of conciliation
|
86
|
|
Discontinued*
|
41
|
|
Withdrawn**
|
60
|
|
Conciliated
|
209
|
|
Administrative closure***
|
25
|
|
Total
|
443
|
* A complaint may be discontinued where a complainant does not respond to the Commission’s attempts to contact them, including after being provided with an assessment of the complaint.
** This category includes where a complainant withdraws due to personal circumstances or where they decide not to proceed after reviewing information from the respondent or being provided with information about the law and/or a preliminary assessment of the complaint.
*** Includes where complaint is not lodged by or on behalf of an aggrieved person and where a complaint has also been lodged under State or Territory anti-discrimination law.
Sex Discrimination Act
Table 19: Sex Discrimination Act – Complaints received and finalised
|
Sex Discrimination Act
|
Total
|
|---|---|
|
Received
|
474
|
|
Finalised
|
451
|
Table 20: Sex Discrimination Act – Complaints received by complainant category
|
Sex Discrimination Act – Complainant category
|
Number
|
Percentage
|
|---|---|---|
|
Female
|
382
|
81
|
|
Male
|
90
|
19
|
|
Intersex
|
2
|
–
|
|
Other category*
|
–
|
–
|
|
Total
|
474
|
100
|
* Includes sex not specified, joint/multiple complainants and organisations.
Table 21: Sex Discrimination Act – Complaints received by ground
|
Sex Discrimination Act – Grounds
|
Number
|
Percentage
|
|---|---|---|
|
Sex discrimination
|
572
|
46
|
|
Marital or relationship status
|
32
|
3
|
|
Pregnancy
|
159
|
13
|
|
Sexual harassment
|
222
|
18
|
|
Family responsibilities
|
77
|
6
|
|
Breastfeeding
|
13
|
1
|
|
Gender identity
|
36
|
3
|
|
Intersex
|
3
|
–
|
|
Sexual orientation
|
35
|
3
|
|
Victimisation
|
58
|
5
|
|
Causes, instructs, induces, aids or permits an unlawful act
|
23
|
2
|
|
Advertisements
|
1
|
–
|
|
Total*
|
1 231
|
100
|
* One complaint may raise multiple grounds.
Table 22: Sex Discrimination Act – Complaints received by area
|
Sex Discrimination Act – Areas
|
Number
|
Percentage
|
|---|---|---|
|
Employment
|
398
|
80
|
|
Goods, services and facilities
|
73
|
15
|
|
Land
|
–
|
–
|
|
Accommodation
|
4
|
1
|
|
Superannuation and insurance
|
4
|
1
|
|
Education
|
10
|
2
|
|
Clubs
|
2
|
–
|
|
Administration of Commonwealth laws and programs
|
7
|
1
|
|
Requests for information
|
–
|
–
|
|
Registered organisations
|
–
|
–
|
|
Qualifying bodies
|
1
|
–
|
|
Total*
|
499
|
100
|
* One complaint may relate to more than one area.
Table 23: Sex Discrimination Act – Outcomes of finalised complaints
|
Sex Discrimination Act – Outcomes
|
Number
|
|---|---|
|
Terminated
|
82
|
|
At complainant’s request – s.46PE
|
–
|
|
Not unlawful
|
–
|
|
More than 12 months old
|
6
|
|
Trivial, vexatious, frivolous, misconceived, lacking in substance
|
4
|
|
Adequately dealt with already
|
–
|
|
More appropriate remedy available
|
–
|
|
Subject matter of public importance
|
–
|
|
No reasonable prospect of conciliation
|
72
|
|
Discontinued*
|
42
|
|
Withdrawn**
|
46
|
|
Conciliated
|
251
|
|
Administrative closure***
|
30
|
|
Total
|
451
|
* A complaint may be discontinued where a complainant does not respond to the Commission’s attempts to contact them, including after being provided with an assessment of the complaint.
** This category includes where a complainant withdraws due to personal circumstances or where they decide not to proceed after reviewing information from the respondent or being provided with information about the law and/or a preliminary assessment of the complaint.
*** Includes where complaint is not lodged by or on behalf of an aggrieved person and where a complaint has also been lodged under State or Territory anti-discrimination law.
Disability Discrimination Act
Table 24: Disability Discrimination Act – Complaints received and finalised
|
Disability Discrimination Act
|
Total
|
|---|---|
|
Received
|
830
|
|
Finalised
|
796
|
Table 25: Nature of complainant’s disability
|
Disability Discrimination Act – Complainant’s disability
|
Number
|
Percentage
|
|---|---|---|
|
Physical disability
|
178
|
18
|
|
A mobility aid is used (eg walking frame or wheelchair)
|
93
|
10
|
|
Physical disfigurement
|
13
|
1
|
|
Presence in the body of organisms causing disease (HIV/AIDS)
|
4
|
1
|
|
Presence in the body of organisms causing disease (other)
|
16
|
2
|
|
Mental health/psychosocial disability
|
177
|
18
|
|
Neurological disability (eg epilepsy)
|
59
|
6
|
|
Intellectual disability
|
29
|
3
|
|
Learning disability
|
31
|
3
|
|
Sensory disability (hearing impaired)
|
30
|
3
|
|
Sensory disability (deaf)
|
22
|
2
|
|
Sensory disability (vision impaired)
|
32
|
3
|
|
Sensory disability (blind)
|
42
|
4
|
|
Work-related injury
|
29
|
3
|
|
Medical condition (eg diabetes)
|
73
|
8
|
|
Other
|
145
|
15
|
|
Total*
|
973
|
100
|
* One complainant may have multiple disabilities.
Table 26: Disability Discrimination Act – Complaints received by ground
|
Disability Discrimination Act – Grounds
|
Number
|
Percentage
|
|---|---|---|
|
Disability of person(s) aggrieved
|
1 521
|
80
|
|
Associate
|
88
|
5
|
|
Person assisted by trained animal
|
30
|
2
|
|
Accompanied by carer or assistant
|
8
|
–
|
|
Disability aid
|
56
|
3
|
|
Harassment
|
17
|
1
|
|
Victimisation
|
20
|
1
|
|
Causes, instructs, induces, aids or permits an unlawful act
|
41
|
2
|
|
Incites unlawful act
|
–
|
–
|
|
Advertisements
|
–
|
–
|
|
Unlawful to contravene disability standard
|
109
|
6
|
|
Total*
|
1 890
|
100
|
* One complaint may raise multiple grounds.
Table 27: Disability Discrimination Act – Complaints received by area
|
Disability Discrimination Act – Areas
|
Number
|
Percentage
|
|---|---|---|
|
Employment
|
337
|
33
|
|
Goods, services and facilities
|
404
|
39
|
|
Access to premises
|
83
|
8
|
|
Land
|
2
|
–
|
|
Accommodation
|
32
|
3
|
|
Superannuation, insurance
|
13
|
1
|
|
Education
|
87
|
8
|
|
Clubs, incorporated associations
|
25
|
2
|
|
Administration of Commonwealth laws and programs
|
46
|
5
|
|
Sport
|
4
|
–
|
|
Requests for information
|
1
|
–
|
|
Qualifying bodies
|
5
|
1
|
|
Registered organisations
|
–
|
–
|
|
Total*
|
1 039
|
100
|
* One complaint may relate to more than one area.
Table 28: Disability Discrimination Act – Outcomes of finalised complaints
|
Disability Discrimination Act – Outcomes
|
Number
|
|---|---|
|
Terminated
|
207
|
|
At complainant’s request – s.46PE
|
–
|
|
Not unlawful
|
2
|
|
More than 12 months old
|
13
|
|
Trivial, vexatious, frivolous, misconceived, lacking in substance
|
15
|
|
Adequately dealt with already
|
2
|
|
More appropriate remedy available
|
2
|
|
Subject matter of public importance
|
–
|
|
No reasonable prospect of conciliation
|
173
|
|
Discontinued*
|
52
|
|
Withdrawn**
|
109
|
|
Conciliated
|
404
|
|
Administrative closure***
|
24
|
|
Total
|
796
|
* A complaint may be discontinued where a complainant does not respond to the Commission’s attempts to contact them, including after being provided with an assessment of the complaint.
** This category includes where a complainant withdraws due to personal circumstances or where they decide not to proceed after reviewing information from the respondent or being provided with information about the law and/or a preliminary assessment of the complaint.
*** Includes where complaint is not lodged by or on behalf of an aggrieved person and where a complaint has also been lodged under State or Territory anti-discrimination law.
Age Discrimination Act
Table 29: Age Discrimination Act – Complaints received and finalised
|
Age Discrimination Act
|
Total
|
|---|---|
|
Received
|
184
|
|
Finalised
|
168
|
Table 30: Age Discrimination Act – Complaints received by ground
|
Age Discrimination Act – Grounds
|
Number
|
Percentage
|
|---|---|---|
|
Age – direct
|
175
|
62
|
|
Age – indirect
|
86
|
31
|
|
Causes, instructs, induces, aids or permits an unlawful act
|
9
|
3
|
|
Victimisation
|
5
|
2
|
|
Advertisements
|
6
|
2
|
|
Total*
|
281
|
100
|
* One complaint may raise multiple grounds.
Table 31: Age Discrimination Act – Age group of complainant
|
Age Discrimination Act – Complainant age group
|
Number
|
Percentage
|
|---|---|---|
|
0-12 years
|
5
|
3
|
|
13-17 years
|
5
|
3
|
|
18-24 years
|
10
|
6
|
|
25-34 years
|
15
|
8
|
|
35-44 years
|
17
|
9
|
|
45-54 years
|
24
|
13
|
|
55-64 years
|
57
|
31
|
|
65-74 years
|
32
|
17
|
|
Older than 75 years
|
19
|
10
|
|
Total
|
184
|
100
|
Table 32: Age Discrimination Act – Complaints received by area
|
Age Discrimination Act – Areas
|
Number
|
Percentage
|
|---|---|---|
|
Employment
|
128
|
62
|
|
Goods, services and facilities
|
49
|
24
|
|
Access to premises
|
5
|
2
|
|
Land
|
–
|
–
|
|
Accommodation
|
3
|
2
|
|
Advertisements
|
–
|
–
|
|
Superannuation, insurance
|
9
|
4
|
|
Education
|
2
|
1
|
|
Administration of Commonwealth laws and programs
|
9
|
4
|
|
Sport
|
–
|
–
|
|
Requests for information
|
–
|
–
|
|
Registered organisations
|
–
|
–
|
|
Qualifying bodies
|
1
|
1
|
|
Victimisation
|
–
|
–
|
|
Total*
|
206
|
100
|
* One complaint may relate to more than one area.
Table 33: Age Discrimination Act – Outcomes of finalised complaints
|
Age Discrimination Act – Outcomes
|
Number
|
|---|---|
|
Terminated
|
34
|
|
At complainant’s request – s.46PE
|
–
|
|
Not unlawful
|
–
|
|
More than 12 months old
|
2
|
|
Trivial, vexatious, frivolous, misconceived, lacking in substance
|
6
|
|
Adequately dealt with already
|
–
|
|
More appropriate remedy available
|
–
|
|
Subject matter of public importance
|
–
|
|
No reasonable prospect of conciliation
|
26
|
|
Discontinued*
|
23
|
|
Withdrawn**
|
34
|
|
Conciliated
|
75
|
|
Administrative closure***
|
2
|
|
Total
|
168
|
* A complaint may be discontinued where a complainant does not respond to the Commission’s attempts to contact them, including after being provided with an assessment of the complaint.
** This category includes where a complainant withdraws due to personal circumstances or where they decide not to proceed after reviewing information from the respondent or being provided with information about the law and/or a preliminary assessment of the complaint.
*** Includes where complaint is not lodged by or on behalf of an aggrieved person and where a complaint has also been lodged under State or Territory anti-discrimination law.
Australian Human Rights Commission Act (AHRCA)
Table 34: AHRCA – Complaints received and finalised
|
Australian Human Rights Commission Act
|
Total
|
|---|---|
|
Received
|
355
|
|
Finalised
|
320
|
Table 35: AHRCA – Complaints received by ground
|
Australian Human Rights Commission Act – Grounds
|
Number
|
Percentage
|
|---|---|---|
|
Religion (ILO 111)
|
24
|
6
|
|
Political opinion (ILO 111)
|
–
|
–
|
|
Social origin (ILO 111)
|
–
|
–
|
|
Medical record (ILO 111)
|
–
|
–
|
|
Criminal record (ILO 111)
|
68
|
16
|
|
Sexual preference (ILO 111)
|
3
|
1
|
|
Trade union activity (ILO 111)
|
6
|
1
|
|
International Covenant on Civil and Political Rights
|
185
|
43
|
|
Convention on the Rights of the Child
|
100
|
23
|
|
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
|
1
|
–
|
|
Convention on the Rights of Persons with Disabilities
|
38
|
9
|
|
Victimisation
|
4
|
1
|
|
Total*
|
429
|
100
|
* One complaint may raise multiple grounds.
Table 36: AHRCA – Complaints received by area
|
Australian Human Rights Commission Act – Areas
|
Number
|
Percentage
|
|---|---|---|
|
Acts or practices of the Commonwealth
|
253
|
71
|
|
Employment
|
101
|
29
|
|
Not act or practice of the Commonwealth (not employment cases)
|
1
|
–
|
|
Total
|
355
|
100
|
Table 37: AHRCA – Outcomes of finalised complaints
|
Australian Human Rights Commission Act – Outcomes
|
Number
|
|---|---|
|
Declined
|
168
|
|
Does not constitute discrimination
|
5
|
|
Not inconsistent or contrary to any human right
|
1
|
|
More than 12 months old
|
2
|
|
Trivial, vexatious, frivolous, misconceived, lacking in substance
|
31
|
|
Adequately dealt with already
|
9
|
|
More appropriate remedy available
|
6
|
|
Withdrawn, does not wish to pursue, advised the Commission
|
89
|
|
Withdrawn, does not wish to pursue, settled outside the Commission
|
5
|
|
Discontinued – lost contact
|
20
|
|
Conciliated
|
78
|
|
Referred for reporting*
|
70
|
|
Administrative closure
|
4
|
|
Total
|
320
|
* Complaints in this category could not be conciliated and were transferred from the Commission’s Investigation and Conciliation Section to the Legal Section for further inquiry and possible reporting.
