Skip to main content

Annual Report 2002-2003: Chapter 1

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

Chapter
1: The Commission


Vision

An Australian society in which the human rights
of all are respected, protected 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
  • promoting community ownership of human rights.

To ensure that Australians:

  • have access to independent human rights complaint
    handling and public inquiries processes
  • benefit from human rights education, promotion
    and monitoring and compliance activities.

As an effective organisation, we are committed to:

  • unity of purpose
  • valuing our diversity and creativity
  • the pursuit of best practice.

Structure

The Commission is a national independent statutory
body established under the Human Rights and Equal Opportunity Commission
Act 1986
. It has a President and five Commissioners. The five positions
are currently held by three persons. Please refer
to the organisational chart for further information.

President – The Hon. John von Doussa QC

Professor Alice Tay’s five year term as President
of the Human Rights and Equal Opportunity Commission Professor Tay concluded
on 31 May 2003.

The Hon. John von Doussa was appointed President of
the Human Rights and Equal Opportunity Commission on 1 May 2003 for a
five year term.

At the time of his appointment he was a Judge of the
Federal Court of Australia, an appointment he had held since 1988. He
was also the President of the Australia Competition Tribunal, a Presidential
Member of the Administrative Appeals Tribunal, an Additional Judge of
the Supreme Court of the Australian Capital Territory, and a Judge of
the Industrial Relations Court of Australia. From 1992 until shortly before
his appointment he was also a part-time Commissioner of the Australian
Law Reform Commission. From 1986 to 1988 he was a Judge of the Supreme
Court of South Australia.

Before his appointment as a Judge he was a Queens Counsel
practising mainly in South Australia, and had served terms as the President
of the Law Society of South Australia, and Vice-President of the Law Council
of Australia.

In South Australia he had a close interest in the organisation
and provision of practical legal training for newly qualified graduates
in law. At different times he was the chair of advisory committees for
the graduate diploma courses in legal practice conducted by the University
of South Australia and by the Law Society of South Australia. In 1996
he was awarded an Honorary Doctorate of the University of South Australia
in recognition of that involvement. He received a Centenary Medal in 2003.

In 1993 he sat as an Acting Judge in the Supreme Court
of Vanuatu. In 1997 he became a member of the Court of Appeal of Vanuatu.
In 2003 he was appointed a non-resident member of the Supreme Court of
Fiji. He continues to hold these appointments.

Aboriginal and Torres Strait Islander Social Justice
Commissioner and acting Race Discrimination Commissioner – Dr William
Jonas AM

Dr William Jonas is a Worimi man from the Karuah River
region of NSW.

Until his appointment as Commissioner, on 6 April 1999
for five years, Dr Jonas was Director of the National Museum of Australia.
From 1991–96 he was Principal of the Australian Institute of Aboriginal
and Torres Strait Islander Studies in Canberra. 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.

Human Rights Commissioner and acting Disability Discrimination
Commissioner – Dr Sev Ozdowski OAM

Dr Sev Ozdowski took up his appointment as Human Rights
Commissioner in December 2000 for a five year term. Previously, Dr Ozdowski
was Chief Executive of South Australia’s Office of Multicultural
and International Affairs. Dr Ozdowski has a long term commitment to human
rights and his relationship with the Human Rights Commission dates back
to the original Commission of the early 1980s. He is the author of many
papers on sociology of law, human rights, immigration and multiculturalism.
Born in Poland in 1949, Dr Ozdowski migrated to Australia in 1975. He
has held senior positions in the Federal portfolios of the Prime Minister
and Cabinet, Attorney-General’s and Foreign Affairs and Trade. He
has also worked as Secretary of the Human Rights Commission Inquiry into
the Migration Act 1958 and for the Joint Parliamentary Committee on Foreign
Affairs, Defence and Trade.

Dr Ozdowski has a Master of Laws and Master of Arts
in Sociology from Poznan University, Poland, and a PhD in Sociology of
Law from the University of New England, Armidale, New South Wales. He
was awarded a Harkness Fellowship in 1984 for post-doctoral work on race
relations, international human rights and immigration law and public administration
– studies that took him from Harvard University (Cambridge, MA)
to Georgetown University (Washington DC) and the University of California
(Berkeley, California).

Dr Ozdowski has been acting Disability Discrimination
Commissioner since December 2000.

Sex Discrimination Commissioner – Ms Pru Goward

Pru Goward was appointed Sex Discrimination Commissioner for a five-year term from 30 July 2001. She is an economist by training and a broadcaster and journalist by practice.

Ms Goward completed an Arts degree with Honours in Economics
from the University of Adelaide while teaching high school in Adelaide
during the 1970s. She later tutored at the University while conducting
Masters Research.

She spent 19 years with the ABC as a reporter and later
a political commentator, but has also been a university lecturer in Broadcast
Journalism, a university Economics tutor, high school teacher, freelance
writer and media consultant.

In 1997, she was appointed head of the Commonwealth
Office of the Status of Women for a period of two years. During that time
the Office became responsible for the first national program of domestic
violence prevention and initiated changes for the fairer division of superannuation
at divorce.

Prior to her role at the Commission, she was National
Director of the Australian Property Institute. Ms Goward is also on the
board of the John Curtin School of Medical Research and a member of the
Arab Australia Council. She is an ambassador for Good Beginnings, patron
of Flair, ambassador for Anglicare in Canberra and Goulburn and is Official
Patron of the ANU Australian Rules Football Club.

Legislation

The Commission is responsible for administering the
following Acts:

  • Human Rights and Equal
    Opportunity Commission Act 1986
  • Racial Discrimination Act 1975
  • Sex Discrimination Act 1984
  • Disability Discrimination Act 1992.

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.

Human Rights and Equal Opportunity Commission Act

The Human Rights and Equal Opportunity Commission
Act 1986
established the Commission and outlines the Commission powers
and functions. Human rights are strictly defined, and only relate to the
international instruments scheduled to, or declared under, the Act. They
are the:

  • International Covenant on Civil and Political
    Rights
  • 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
  • Declaration on the Elimination of All Forms of
    Intolerance and of Discrimination Based on Religion or Belief
  • Convention Concerning Discrimination in Respect
    of Employment and Occupation.

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
aims are to:

  • promote equality before the law for all persons,
    regardless of their race, colour or national or ethnic origin
  • make discrimination on the basis of race, colour,
    descent or national or ethnic origin, unlawful
  • 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 family responsibilities
  • 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
  • ensure as far as practicable that people with disabilities
    have the same rights to equality before the law as other people in the
    community.

Functions and powers

The Commission’s responsibilities fall within
four main areas:

  • Public awareness and education.
  • Unlawful discrimination and human rights complaints.
  • Human rights compliance.
  • 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 complaints of alleged unlawful
    discrimination pursuant to the Racial Discrimination Act, the Sex Discrimination
    Act and the Disability Discrimination Act, and attempts to resolve these
    matters through conciliation where appropriate.
    The President may terminate a complaint
    of alleged unlawful race, sex or disability discrimination if, for example
    there is no reasonable prospect of settling the complaint by conciliation
    or the complaint is lacking in substance. If a complainant, whose complaint
    has been terminated, wants the complaint heard and determined by the
    Courts they must lodge an application to the Federal Court of Australia
    or the Federal Magistrates Service within 28 days of a Notice of Termination
    issued by the President.
  • Inquires into acts or practices that may be contrary
    to a human right or that may be discriminatory pursuant to the Human
    Rights and Equal Opportunity Act. If the complaint is unable to be resolved
    through conciliation and is not discontinued for other reasons the President
    may report on the case and make particular recommendations. The Report
    is tabled in Parliament.
  • 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. Report to the Government on any matters arising
in the course of its functions.

3. Establish advisory committees.

4. Formulate guidelines to assist in the compliance
by organisations and individuals of the requirements of human rights
and anti-discrimination legislation and conventions.

5. Intervene in court proceedings involving human
rights matters.

6. Grant exemptions under certain conditions (Sex
and Disability Discrimination Acts).

7. Conduct inquiries into issues of major importance,
either on its own initiative, or at the request of the Attorney-General.

8. Examine enactments.

Specific functions of Commissioners

In addition to the broad functions outlined above,
the Aboriginal and Torres Strait Islander Social Justice Commissioner
and the Sex Discrimination Commissioner 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 1986
, 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 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.

Sex Discrimination Commissioner

The Workplace Relations Act 1996 gives the Sex Discrimination
Commissioner the power to initiate and refer equal pay cases 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 1986.

The most significant are:

  • 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
  • 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.

Outcomes structure

The Commission has one outcome:

An Australian society in which the human rights
of all are respected, protected and promoted.

There is one output for the Commission’s outcome:

Australians have access to independent human
rights complaint handling and public inquiries processes and benefit
from human rights education, promotion and monitoring and compliance
activities.

Resources for outcomes

Outcome 1: An Australian society in which the human
rights of all are respected, protected and promoted.

 

Budget 2002–03

$’000

Actual Expenses 2002–03

$’000

Budget 2003–04

$’000

Total Administered Expenses
-
-
-
Prices of Department
Outputs
Output Group 1 – Australians have
access to independent human rights
complaint handling and public
inquiry processes and benefit from
human rights education, promotion
and monitoring and compliance
activities.
12,995
13,477
13, 511
Subtotal Output Group 1
12,955
13,477
13,511
Revenue from Government
(Appropriation) for Departmental
Outputs
11,137
11,137
11,764
Revenue from other sources
1,818
2,340
1,747
Total Price of Outputs
12,955
13,477
13,511
Total for Outcome (Total Price
of Outputs and Administered
Expenses)
12,955
13,477
13,511
.
.
2002–03
2003–04
Staff years (number)

.

95
95

Human rights education and promotion

A central function of the Human Rights and Equal Opportunity
Commission is to undertake education programs that increase public awareness
and generate discussion of human rights and anti-discrimination issues
within Australia.

The Commission’s legislative responsibilities
are:

1. To promote an understanding and acceptance of, and
compliance with, the relevant Act:

  • Human Rights and Equal Opportunity Commission Act
    section 11(1)(g)
  • Racial Discrimination Act section 20(1)(b)
  • Sex Discrimination Act section 48(1)(d)
  • Disability Discrimination Act 67(1) (g)

2. To undertake research and education programs for
the purpose of promoting the objects of the relevant Act:

  • Human Rights and Equal Opportunity Commission Act
    section 11(1)(h)
  • Racial Discrimination Act section 20(1)(c)
  • Sex Discrimination Act section 48(1)(e)
  • Disability Discrimination Act section 67(1)(h)

Human rights education is also an international obligation
which Australia has consistently supported. In the earliest international
articulation of universal human rights, the Universal Declaration of Human
Rights, the General Assembly proclaimed:

every individual and every organ of society,
keeping this Declaration constantly in mind, shall strive by teaching
and education to promote respect of these rights and freedoms and by
progressive measures, national and international, to secure their universal
and effective recognition and observance.

All work undertaken by the Commission has a human rights
educative base from the handling of individual complaints of discrimination
or harassment to the conduct of national Inquiries such as the National
Inquiry into Children in Immigration Detention.

The Commission uses a range of strategies to communicate
its key messages to the community including:

  • Organisation of promotional events such as the annual
    Human Rights Awards.
  • Hosting of conferences and events which promote human
    rights issues.
  • Curriculum-linked education materials for teachers
    and students on human rights and anti-discrimination issues.
  • Human rights website materials for individuals,
    students, teachers, employers, government and community groups.
  • Media engagement by the President and Commissioners
    with metropolitan, regional and specialist press, radio and television
    outlets.
  • Community consultations and presentations by Commissioners
    and staff.
  • Preparation and distribution of plain English publications
    on human rights and discrimination.
  • Specific human rights educational and promotional
    programs conducted by individual Commissioners are detailed later in
    this Report.

2002 Human Rights Medal and Awards

The Human Rights Medal and Awards were established
in 1987 to recognise those individuals and organisations who have made
a significant contribution to the promotion and protection of human rights
and equal opportunity in Australia.

The 2002 Medal and Awards presentation ceremony was
held on 10 December 2002 at a luncheon at “Dockside” Cockle
Bay Wharf in Sydney. Guest speaker was Professor Lowitja O’Donoghue,
who delivered an inspiring speech entitled In the Name of Protection. Media personality, Julie McCrossin kindly donated her services as MC.

The Commission is very grateful for the services of
the judging panels who give their time and expertise on an honorary basis.

The judges for the 2002 Medal and Awards were: Mr Nick
Xynias AO BEM, Professor Gillian Triggs, Professor Larissa Behrendt, John
Highfield, Mick O’Regan, Steve Ahern, Sandra Symons, Jacqui Rees,
Mike Steketee, Marc Purcell, Brigid Inder, Susan Harris, Associate Professor
Brian Kiernan, Doreen Mellor, Allan Russell, Karla Grant, Glenys Rowe,
Greg Pickhaver (H.G. Nelson), The Hon Justice C Branson, Mr Nicholas R
Cowdery QC, Ms Ruth McColl S.C.

Information on the 2002 winners can be found below
and on the Commission’s website at www.humanrights.gov.au/hr_awards/winners.html.

Human Rights Medal

Winner: Michael Raper, Director, Welfare Rights
Centre

Michael Raper Michael
Raper, recipient of the 2002 Human Rights Medal

Michael Raper has been Director of the Welfare Rights
Centre in Sydney since 1990 and President of the Australian Council of
Social Service (ACOSS) from 1997–2001. He is currently Treasurer
of the International Council of Social Work and Treasurer of the South
East Asian Chapter.

At the Welfare Rights Centre, Mr Raper and his team
deal with over 4 000 low income and disadvantaged clients each year, providing
advice and assistance to ensure they can exercise their obligations, rights
and entitlements under the Australian social security system.

As ACOSS President, Mr Raper was highly regarded for
his passionate commitment, unfailing energy and public advocacy for systemic
change to reduce poverty, inequality and hardship in Australia.

The judges were deeply impressed with the impact of
Mr Raper’s work, and commended him for the valuable work he has
undertaken behind the scenes in a field that is often overlooked and receives
little acclaim.

Highly Commended

Jean Williams, is highly commended by Human Rights Medal judging panel member Professor Larissa BehrendtJean
Williams, is highly commended by Human Rights Medal judging panel member
Professor Larissa Behrendt

Jean Williams from Queensland
has spent over a decade raising issues concerning the health and welfare
of Vietnam Veterans and their families. Through her books, which include
Children of the Mist, Mrs Williams has highlighted issues of injustice
and human rights breaches in Australia related to the effects of Agent
Orange used by the US Government during the Vietnam War.

The judges commended Mrs Williams for the balanced
and evidence-based approach she has taken to a sensitive and devastating
issue and her long-term, voluntary and largely unrecognised commitment
to an area which receives little attention.

Community Award

Joint winners: The Australian Arabic Council
and The Asylum Seeker Project
– Hotham Mission

Two Melbourne-based community groups shared the 2002
Human Rights Award for Community – the Australian Arabic Council
and The Asylum Seeker Project, Hotham Mission.

Australian Arabic Council

Since its establishment as a national organisation
in 1992, the Australian Arabic Council (AAC) has campaigned against racism,
promoted tolerance and raised awareness of human rights through education.

The Council constantly campaigns for more accurate
media representation of Arabic issues and promotes the contribution of
Arab civilisation to history and to Australian society.

The judges said the Council had a large and dedicated
band of volunteers whose work often went unrecognised. They were impressed
by the AAC’s concrete, practical initiatives on racial vilification
and cultural diversity and commended them for providing leadership against
racial intolerance.

The Asylum Seeker Project at Hotham Mission

This Melbourne project supports around 200 asylum seekers
living in the community who do not have work rights, Medicare, welfare
benefits or settlement support and are on bridging visas awaiting a final
outcome of their applications for asylum. The group rely almost completely
on project support for housing, monthly living assistance and social and
professional support.

The judges praised the project for its grassroots approach,
and acknowledged its work, primarily through volunteers, in providing
solutions to problems through direct, practical help and by policy proposals
to government, such as the alternative detention model. Hotham Mission
has in fact shown it can house asylum seekers released from detention
on a systematic basis.

Law Award – sponsored by the Law Council
of Australia

Winner: SCALES (The Southern Communities Advocacy
and Legal Education Service) Community Legal Centre

The Law Award went to a community advocacy and legal
centre in Western Australia – the SCALES Community Legal Centre,
which operates in the Rockingham/Kwinana region south west of Perth.

SCALES identifies its work as human rights advocacy
through individual casework, community development projects and law reform.
SCALES’ clients are young people, refugees and asylum seekers, women
escaping domestic violence and public housing tenants.

A key element of SCALES’ success is the Clinical
Legal Education Program it operates in conjunction with the Murdoch University
School of Law, which provides training and education of law students in
human rights practice.

Speaking on behalf of the three judges at the Awards
ceremony in Sydney, Nicholas Cowdery QC, said: “We were impressed
by the strong human rights culture the centre engendered and reinforced.
SCALES’ work in training and educating law students in human rights
law and practice enabled the legal service to be of a broader benefit
to the community as well as the individual clients”.

Radio Award

Winner: ABC Classic FM – The Listening
Room
On the Raft, All at Sea. Reporters: Robyn Ravlich and Russell
Stapleton

2002 Human Rights Radio Award winners Robyn Ravlich (giving acceptance speech) and Russell Stapleton (far right, holding certificates), accepting their awards for their radio documentary On the Raft, All at Sea.2002
Human Rights Radio Award winners Robyn Ravlich (giving acceptance speech)
and Russell Stapleton (far right, holding certificates), accepting their
awards for their radio documentary On the Raft, All at Sea.

‘On the Raft, All at Sea’, a powerful radio
documentary about the experience of three generations of asylum seekers.

The documentary uses the metaphor of a famous early
19th century painting, ‘The Raft of the Medusa’ by French
Romantic painter Gericault, depicting shipwrecked survivors clinging to
a flimsy raft adrift at sea, as a reference point for a contemporary exploration
of why three asylum seekers risked hazardous journeys across different
seas at different times.

The three asylum seekers are: Tuong Quang Luu, one
of the first South Vietnamese to become a boat person after the fall of
Saigon, who now heads SBS Radio; Sam, an Iraqi who fled Saddam Hussein’s
regime and paid people smugglers in Indonesia for passage to Australia
and who now educates high school students about refugees; and Rudy Jacobsen,
a child survivor of the ‘Voyage of the Damned’, where the
SS St Louis sailed from Hitler’s Germany in 1939 carrying over 900
Jewish refugees who were denied landing visas in Cuba, the USA and Canada.

Speaking for the Radio judges, the ABC’s John
Highfield described the program as “radio at its best, using imagery
to evoke human rights issues common to three generations of asylum seekers,
drawing on intergenerational commonalities across time to show how lessons
from these issues have not been taken by those who represent us”.

Print Media Award

Winner: Russell Skelton, The Age
Series of articles on asylum seeker issues

The judges described as “powerful, informative
and empathetic” the series of articles by Russel Skelton.

His series of articles printed between May and September
2002 address the gap between Australia’s immigration policy and
its implementation.

The lead report, ‘Tales from Behind the Fence’,
was the first detailed account of conditions at Woomera based upon the
evidence of those who worked inside. Other articles tackled a range of
issues including: the alleged persecution of non-Muslims in detention;
the conflicted role of the Immigration Minister, who acts as official
guardian to a group of unaccompanied minors from Afghanistan, and; the
trial of the first person charged with people smuggling under legislation
passed in 2001.

Television Award

Winner: Four Corners, ABC TV, ‘Duty
of Care’

Andrew Fowler (reporter), Anne Connolly (producer),
Sarah Curnow and Jo Puccini (researchers)

The program examined the well intentioned social reform
of opening the doors of big institutions and the dramatic lack of subsequent
community-based support to help mentally ill people released from those
institutions to live in the wider community.

The program illustrated how this shift has resulted
in sometimes tragic results. Interviews with grieving families of young
people who had taken their own lives after being refused an acute care
bed, or after absconding from an understaffed ward, were shown. Professionals
told of how they were forced to take dangerous gambles, ejecting seriously
ill people from hospital to make beds available for new arrivals. Families
conveyed the enormous stress as they battled to keep their loved ones
living, with minimal backup.

The judges believed the program was comprehensive and
well-researched and exposed the mental health system in New South Wales
as one which has failed people with mental illness.

Arts Non-Fiction Award

Winner: Faith – A biography of Faith
Bandler,
Professor Marilyn Lake

Faith, Professor Marilyn Lake’s biography
of Faith Bandler, one of Australia’s best loved and most widely
respected citizens, was awarded the award in the Arts Non-Fiction category.

Faith is the story of her remarkable life,
her journey from childhood in a South Sea Islander community in Northern
New South Wales, to national recognition as one of Australia’s leading
human rights activists.

As the leader of campaigns for Aboriginal rights and
against racial discrimination, Faith Bandler emerged as a compelling public
figure – a politically effective woman in a public culture dominated
by men. Her leadership and influence were crucial to the success of the
1967 referendum on citizenship rights for Indigenous people.

The judges found Faith to be engrossing, gently
layered and substantial, promoting idealism, carrying an inspirational
message, and that by opening a window into historical events and the impulses
behind them, the biography provides a valuable resource for future activists.

Regional Workshop on National
Human Rights Institutions, Human Rights Education, Media and Racism

This workshop which was held on 15–16 July 2002
was hosted by the Commission and co-sponsored by the United Nations Office
of the High Commissioner for Human Rights and the Asia Pacific Forum of
National Human Rights Institutions.

It bought together the National Human Rights Institutions
of New Zealand, Fiji, India, Indonesia, Mongolia, Sri Lanka, the Philippines,
Korea, Malaysia, South Africa, Thailand and Uganda, as well as a number
of state-based anti-discrimination bodies, representatives of the federal
and state Governments and a large number of non-government organisations
including: Amnesty International, Australian Council for Overseas Aid,
Public Interest Advocacy Council, Islamic Council and several representatives
from United Nations agencies.

The goal of the workshop was to provide national human
rights institutions with strategies and skills to strengthen their capacity
to use the media to promote human rights education, particularly as it
relates to educating against racism.

A diverse range of speakers presented issues such as
freedom of expression versus freedom of the press; best practice standards
for education about human rights; strategies for the development of information
and resource networks. A group of media consultants provided skills training
to participants about how to deal with the media.

Papers from this conference are available on the Asia
Pacific Forum website www.apf.hreoc.gov.au

Human rights education for teachers
and students

The Commission’s formal education strategy is
aimed at teachers and school students and is conducted by way of workshops
and on-line web materials and activities. The materials are developed
to provide teachers with a range of teaching materials which are all curriculum
linked. In this way teachers can use the materials in the context of the
particular subject area they are required to teach. Teaching strategies,
activities and links to useful resources are all supplied as part of the
resource.

The information about the materials is then disseminated
directly to teachers by way of e-mail list serve messages. Some 3 500
teachers subscribe to the Commission’s electronic mailing list.
Direct and continuing contact with teachers to assist and help them link
the material directly to curricula, which vary from state to state, are
crucial aspects of the strategy.

From 1998 to 2000, the Commission conducted a series
of Youth Challenge Human Rights Human Values one-day workshops
all over Australia. These workshops brought together thousands of young
Australians, human rights leaders and community representatives to explore
human rights principles and practices and how they impact on social change
and upon their own lives and the lives of others in the community.

The workshops were for secondary school students and
teachers and were supported by education materials which were curriculum-linked
and distributed to all Secondary Schools in Australia.

Youth Challenge workshops with a focus on
sexual harassment in schools will recommence in September 2003. They will
be accompanied by curriculum linked education materials and videos, and
held in Western Australia, South Australia and Queensland and in other
states during 2004.

Every Secondary School in Australia will receive a
12-page article ‘Tackling Sexual Harassment in Schools’ education resource by way of Studies Magazine during August 2003. Studies is a privately produced education resource produced by Ryebuck Media who
are consultants for the Commission in the presentation of the Youth
Challenge
workshops.

Information for Students web pages

www.humanrights.gov.au/info_for_students/

This section of the Commission’s website was
developed in 1998–99 and was designed to inform students about human
rights and provides links to other websites for students. The web usage
statistics for this section shows 59 969 people accessed this section
during 2002–03. A further section for Tertiary students called ‘Human
Rights Explained’ was published on the web in 1998 and remains one
of the most accessed sections of the HREOC website, with 55 586 page views
in 2002–03.

On-line human rights education modules

www.humanrights.gov.au/info_for_teachers/modules.html

In 2001, the Commission developed and published the
first on-line human rights education program for teachers of primary and
secondary students by way of human rights education modules for teachers.
The program incorporated the Human Rights Human Values materials
and renamed the online module Youth Challenge.

The program focuses on the learning needs of all students
and includes materials about international instruments and domestic laws,
which are presented in a user friendly and relevant manner for students.

This teaching approach is cross-curricular, which means
teachers can tailor the education materials to a variety of subjects.
The materials produced are relevant to all aspects of learning, including
numeracy and visual literacy.

The modules are skills-oriented and provide materials
which allow the students to go through the decision-making processes and
come to their own conclusions about human rights and discrimination issues.
They allow students, regardless of their learning styles/abilities, to
participate.

With Youth Challenge, students focus on real
life issues such as sex, race and disability discrimination, sexual harassment,
and rights in the workplace. It encourages students to explore the relevance
of human rights to their own experiences and communities.

The on-line program is broken into three distinct units:

1. Human Rights in the Classroom.
2. Case Study 1: Doug and Disability Discrimination.
3. Case Study 2: Young People in the Workplace.

Using video material, stories and exercises, the materials
draw on a range of skills, including: research, literacy, discussion,
decision making and role playing.

Youth Challenge offers secondary school teachers
a resource that is flexible and comprehensive. The materials can be used
across many curricular areas including History, English, Civics/Citizenship,
Legal Studies, and Studies of Society and Environment. The site provides
teaching strategies, guides and worksheets that are easy to access (66
961 people accessed Youth Challenge during 2002–03).

Information for Teachers website

www.humanrights.gov.au
info_for_teachers/

Information for Teachers websiteIn
May 2002, the Commission launched an Information for Teachers portal.
The section is regularly updated to provide teachers with the most recent
quality materials. The aim is to directly assist teachers design their
lessons across many subjects.

For instance, the subject matter may be used to stimulate
a current affairs debate, or as subject for a drama, English or a history
lesson.

This section has proved very popular with teachers with
112 690 users accessing the section during 2002–03.

The portal is the on-line framework for this education
program. It contains:

  • Education Modules: Youth Challenge
    and other education modules.
  • Current Issues Series: issue focused
    sets of activities.
  • Human Rights Resources: links to
    external human rights resources for teachers.
  • HR Education Mailing List: an electronic
    mailing list with monthly updates.

Current Issues Series

www.humanrights.gov.au/info_for_teachers/current_issues.html

Current Issues Series The
Commission receives regular requests from teachers and students for material
on current human rights issues. Responding to this need, the Commission
developed a current issues series.

With the release of Rabbit-Proof Fence, a
major feature film, the Commission prepared teaching activities linking
the film and book (by Doris Pilkington) to the National Inquiry into the
Separation of Aboriginal and Torres Strait Islander Children from their
Families: Bringing them home. The activities direct teachers
and students interested in the film/book to the Inquiry report.

A second module focused on paid maternity leave to
coincide with the launch of a policy paper by the Sex Discrimination Commissioner.
The activities demonstrate to students how paid maternity leave raised
issues of sex discrimination and equal opportunity that are relevant to
their lives.

Face the FactsFace
the Facts

Education Module

A new education module is to be released in July 2003
to accompany the updated version of Face the Facts. The activities in
this module link to a range of key learning areas in relation to the prevailing
myths concerning immigration, refugees and asylum seekers and Indigenous
peoples.

The resource is for junior and senior high school students
across all states and territories. Teaching notes, students activities
and worksheets will be provided, plus a range of recommended resources
for further reading.

Teaching Human Rights and Responsibilities –
a resource for secondary school teachers

A hard copy resource for secondary school teachers
which expands on the Human Rights in the Classroom module of
the Youth Challenge on-line resource will be launched in September
2003.

The curriculum-linked resource has learning outcomes
such as: developing an understanding of what human rights are; appreciating
the relationship between rights and responsibilities; and applying the
concept of human rights to their daily lives.

Promotion of on-line education
materials

In addition to developing this material, the Commission
has actively promoted the on-line education program, targeting teachers
across Australia. A promotional strategy was developed and executed. Below
are the main promotional activities.

Posters and postcards

The Commission produced a series of posters and postcards
and sent them to over 3 000 schools nationally. The materials are available
as downloads from the website. They were also distributed across teacher
organisations, curriculum development bodies, education networks and education
journals.

Electronic mailing list

The Commission send each month to 3 500 self-subscribed
educators a monthly update:

  • A link to the most recent set of human rights education
    activities.
  • Reviews and links to human rights education resources.
  • Reviews of particular sections of the commission’s
    website which are useful for educators.
  • A list of upcoming human rights education events.

Advertising and editorial

The Commission continues to place advertisements in
the education serials/journals for each state and territory. The next
period of advertising is planned for new educational modules described
above.

Links with teacher networks

The Commission has established links with a number
of educators’ networks. We are also contacted by these networks
for resource support, cross hyperlinking and to give presentations at
conferences.

The Commission also works to include links to our program
on other websites. In particular, the national on-line education resource, EdNA On-line, regularly features information on our education
program.

Submission to an Inquiry on
Human Rights and Good Governance Education in the Asia Pacific Region

An invitation was received from the Chair of the Human
Rights Sub-Committee of the Joint Standing Committee on Foreign Affairs
Defence and Trade to participate in an Inquiry into Human Rights and Good
Governance Education in the Asia Pacific Region. Public Affairs coordinated
a submission to the Inquiry and nominated officers appeared before the
Committee. See the submission on-line at Commission website –
www.humanrights.gov.au

The Commission’s website is a major educative
tool and is used widely by government, legal, community and employer organisations,
the media, schools and individuals to obtain information about human rights
and responsibilities and anti-discrimination law and practice.

The Commission’s website is maintained to ensure
that the most up-to-date information is posted daily, and all reports,
submissions, media releases and other Commission publications are available
on-line.

Major additions and improvements

Ongoing development of the Commission’s
on-line human rights education resources including:

  • Further development of the Youth Challenge web pages,
    including Youth Challenge videos available ‘live’ on-line.
  • Publication of the Paid Maternity Leave –
    Activities on Gender Equality in the Workforce education resource.
  • Ongoing work has been undertaken to create links
    with useful portals, on-line directories and relevant websites to ensure
    that the Commission’s on-line resources are easy to locate.
  • Ongoing development of the Commission’s metadata
    records to ensure easier access to Commission materials from government
    portals and other search engines. Metadata is created in line with the
    Australian Government Locator System.
  • Ongoing improvements to website to ensure accessibility
    to all users, including those utilising adaptive
    technologies. The Commission’s website meets recognised best practice
    standards for usable and accessible web design, including compliance
    with the World Wide Web Consortium’s guidelines on accessibility
    and implementation of recommendations from the National Office of the
    Information Economy.
  • Publication of more than 200 submissions and transcripts
    of hearings on the National Inquiry into Children in Immigration Detention
    section of the website.
  • Development of a number of mini-sites within
    the Commission’s main website to provide information on a range
    of events and issues including:

    • Cyberracism Symposium.
    • Human Rights Awards 2002.
    • Corporate Responsibility – site developed
      from a forum entitled ‘Resource Development on Aboriginal
      Land; a Human Rights Approach’.
    • Isma– Listen! National consultations on
      eliminating prejudice against Arab and Muslim Australians webpages.
    • E-race – an on-line forum designed for
      people to comment on current race discrimination issues
  • Publication of a range of reports prepared
    by the Commission including:

    • A Time to Value – Paid Maternity Leave
      Proposal
    • Social Justice Report 2002
    • Native Title Report 2002

Electronic mailing lists and feedback facility

The Commission’s email based electronic mailing
list service provides for regular communications to all constituency groups
including community and government. There are currently more than 13 761
subscribers across 10 different lists:

Mailing List
Number of subscribers
Complaints and Legal Information
1 132
Disability Rights Update
1 404
Human Rights Awards Alert
894
Human Rights Education
3 640
Human Rights
1 259
Indigenous Issues
948
Media Mailing List
771
Priority Mailing List
1 206
Race Discrimination
1 004
Sex Discrimination
1 503
Total subscribers
13 761

Further information about HREOC’s electronic
mailing list service is available at: www.humanrights.gov.au/mailing_lists.

Website feedback

The Commission’s feedback facility allows users
to request help with research and provide constructive feedback on the
Commission’s on-line resources and site accessibility. Thousands
of messages have been received from legal, government, community and employer
organisations, the media, schools and individuals during the year and
are responded to by Commission staff within five working days.

Statistics

The Commission uses a web statistics system which tracks
the number of visitors the site has and how visitors are using the site.
This allows the Commission to identify materials that are particularly
successful or popular and where we have room for improvement.

Usage of the site has increased over the year with
approximately 4 372 899 page views on the server during
2002–03, an increase of 1 167 206 page views compared to 3 205 693
page views in 2001–02. This equates to 39 603 089 hits on the site
for 2002–03.

A summary of statistical information is provided below:

Section
Index page views
Section
page views

HREOC Homepage
www.humanrights.gov.au

277 960
n/a
Aboriginal and Torres Strait Islander Social Justice
www.humanrights.gov.au/
social_justice
58 777
432 462
Complaints Information
www.humanrights.gov.au/
complaints_information
35 802
108 803
Disability Rights Homepage
www.humanrights.gov.au/
disability_rights
69 839
581 345
Human Rights Homepage
www.humanrights.gov.au/
human_rights
58 590
616 045
Legal Info Homepage
www.humanrights.gov.au/legal
31 942
97 600
Racial Discrimination Homepage
www.humanrights.gov.au/
racial_discrimination
68 037
280 914
Sex Discrimination Homepage
www.humanrights.gov.au/
sex_discrimination
82 902
298 098
Information for Teachers Homepage
www.humanrights.gov.au/
info_for_teachers
28 982
112 690
Information for Students Homepage
www.humanrights.gov.au/
info_for_students
41 761
59 969
Youth Challenge Homepage
www.humanrights.gov.au/
youthchallenge
11 289
66 961
Information for Employers Homepage
www.humanrights.gov.au/
info_for_employers
33 254
75 562
Information in Other Languages Homepage
www.humanrights.gov.au/
other_languages
20 296
55 853
Human Rights Explained Homepage
www.humanrights.gov.au/
hr_explained
31 126
55 586
Publications Homepage
www.humanrights.gov.au/
publications
34 083
37 770
Electronic Mailing List Homepage
www.humanrights.gov.au/mailing_lists
24 188
24 253
Media Releases Index
www.humanrights.gov.au/
media_releases
29 802
389 949
National Inquiry into Children in Immigration
Detention Homepage
www.humanrights.gov.au/
human_rights/child_detention
15 965
180 256
Job Vacancies Homepage
www.humanrights.gov.au/jobs
40 407
49 265

Commission publications

Face the factsIn
addition to all Commission publications being made available on the Commission’s
website, around 83 200 publications were dispatched in hard copy format
during 2002–03.

The most popular publications were Face the Facts:
Some Questions and Answers about Immigration, Refugees and Indigenous
Affairs,
the Commission’s Complaint Guide, A Time to Value:
Proposal for a Paid Maternity Leave scheme and Don’t Judge What
I Can Do By What You Think I Can’t: Ten years of achievements using
Australia’s Disability Discrimination Act.

A list of publications released during 2002–03
can be found at Appendix 2 of this Report.

Media engagement

The Commission’s communication strategies are
based on the necessity to target all Australians wherever they live and
whatever their background, age, or gender. The Commission uses the mainstream
and specialist media to disseminate human rights messages, and works with
peak business and community groups in the development and delivery of
messages. The Commission also provides human rights education materials
for schools direct to teachers via the Commission electronic mailing listserve.

Engagement with the media is a crucial aspect of the
Commission’s public education function. Wherever possible the Commission
engages in public debate via the print and electronic media to provide
substantial information to the public, and directly to journalists and
editors.

The Commission also uses community announcements and
niche or specialist media such as ethnic and Indigenous radio and press,
as well as country and regional media outlets to provide general information
on the work of the Commission and of the Commissioners.

In the past year, Commissioners have contributed to
public debate on human rights and discrimination issues including refugees
and asylum seekers, racial vilification, Indigenous social justice, native
title, sex discrimination and harassment, paid maternity leave and other
equity issues, disability discrimination and advances in accessibility
for people with a disability and on changes to legislation that may affect
people’s human rights.

The Commission also promotes the Human Rights Medal
and Awards, which include a category to recognise an outstanding contribution
to human rights through the print media, radio or television.

The Sex Discrimination Commissioner, Pru Goward, was
the focus of significant media interest with her proposal for a national
scheme for paid maternity leave with the release of the final paper in
December 2002 Time to Value: Proposal for a national scheme of paid
maternity leave.

There was also substantial media interest in the submissions
to the National Inquiry into Children in Immigration Detention and the
public hearings which were held in all Australian states. Media representatives
have been kept informed about the progress of the Inquiry.

The Report on Visits to Immigration Detention Facilities
by the Human Rights Commissioner, Dr Sev Ozdowski, tabled in parliament
in October 2002, also gained national media coverage.

Aboriginal and Torres Strait Islander Social Justice
Commissioner, Dr Bill Jonas, launched his 2002 Social Justice and Native
Title reports in Brisbane, Adelaide, Sydney, Melbourne, Alice Springs,
Broome and Darwin at public events where Indigenous speakers discussed
the future of reconciliation and the issues raised in the reports. There
was media coverage of most of the launches by print media, radio and television.

Dr Jonas launched Isma– Listen: National consultations
on eliminating prejudice against Arab and Muslim Australians
with
consultations throughout Australia, which attracted considerable media
interest.

Commissioner Jonas, Senator Aden Ridgeway and Labor
member Carmen Lawrence attended a joint press conference at Parliament
House in Canberra in August 2002, to launch the Senate Inquiry into Reconciliation.

The 10th anniversary of the federal Disability Discrimination
Act and the launch of a report by the acting Disability Discrimination
Commissioner, outlining the achievements made in 10 years under the Act
attracted media at the forums held in Tasmania, Victoria, Western Australia,
South Australia, Canberra and Darwin.

The Commission also issued statements about changes
to immigration laws and to laws governing security and promoted its intervention
in the ‘Al Masri’ case, the ‘Trudy Gardner’ case,
the Catholic Education Office request for exemption from the Sex Discrimination
Act, the High Court’s Miriuwung-Gajerrong decision, the Federal
Court’s decision in ‘Jones v Scully’, the Federal Court
decisions in the ‘Toben’ case on race hate and the internet
and intervention in the ‘privative clause’ case. (see the
Legal section at Chapter 3 of this Report for further information).

In the past year, the Commission has issued 95 media
releases and the President and Commissioners have had published a range
of opinion pieces and articles in major newspapers throughout Australia.

Community contacts

Commissioners and staff met with peak bodies and community
groups on a range of issues during the year. Some of the significant consultations
are noted below.

Disability rights

More than 60 consultations were held by the Disability
Discrimination Commissioner and staff, including forums in each capital
city in March 2003 on achievements and priorities in using the Disability
Discrimination Act, with a particular focus on employment and transport
issues. Other consultations included:

  • Building access. Several meetings each
    of National Building Access Policy Committee and Building Access Technical
    Committee working towards upgrading of access provisions of the Building
    Code of Australia and adoption of Standards in this area under the Disability
    Discrimination Act, as well as a forum on accessible and adaptable housing.
  • Education. Several meetings of working
    groups on accessibility of educational materials.
  • Telecommunications. Discussions with industry
    and community representatives in preparation of a major discussion paper
    on telecommunications accessibility.
  • Local government. Discussions with several
    local government areas on access issues and development and implementation
    of action plans.

Human rights

The Human Rights Commissioner conducted a number of
public consultations. These may be broadly characterised into two groups:

  • National Human Rights Dialogue. Meetings
    were held in at least 18 locations, addressing groups as diverse as
    the Toowoomba community within the campus of the University of Southern
    Queensland, the 2002 FECCA National Conference, the Great Lakes ‘Rural
    Australians for Refugees’ within Forster High School and the ‘Sir
    Frank Kitto Oration’ to law undergraduates of UNE, to pick some
    at random.
  • National Inquiry into Children in Immigration
    Detention.
    Public hearings were held
    in Adelaide, Brisbane and Sydney (twice), while nine focus groups were
    conducted in Adelaide, two in Brisbane and one in Sydney.

Race discrimination

More than 150 consultations and meetings were convened
or attended by the Race Discrimination Commissioner and/or his staff.
They included:

  • 43 consultations in NSW, Victoria, ACT, the Northern
    Territory, Queensland and Western Australia, as part of Isma –
    Listen: National consultations on eliminating prejudice against Arab
    and Muslim Australians.
  • 29 meetings to progress the Commissioner’s
    recommendations relating to a community relations strategy for Kalgoorlie
    in Western Australia.
  • Seven briefings on HREOC functions and anti-racism
    programs for international visitors to the Commission.

Sex discrimination

The Sex Discrimination Commissioner and staff conducted
over 107 public consultations and formal meetings in 2002–03 and
these included:

  • Paid maternity leave. A further 20 consultations
    were conducted during this financial year on the issue of paid maternity
    leave, following the 61 consultations held in 2001–02. Specifically,
    two roundtables were held, one with academics who specialize in this
    area of social policy, and the other with key employer, union and women’s
    group representatives. These consultations significantly contributed
    to the final paper A Time To Value: Proposal for national scheme of
    paid maternity leave.
  • Northern Territory Law Reform Committee Inquiry
    Into the Recognition of Aboriginal Customary Law in the Northern Territory
    .
    Prior to the preparation of the submission to this Inquiry, 26 consultations
    were carried out in Darwin, Alice Springs and Groote Eylandt in the
    Northern Territory with Indigenous groups, local government and non-governmental
    organisations.
  • Trafficking in Women. Consultations on
    this issue have recently begun with a variety of stakeholders, including
    government representatives, non-governmental organisations and international
    agencies.
  • Sexual Harassment. Ongoing meetings
    are held with the Australian Defence Force in relation to the Force’s
    sexual harassment policy.

Aboriginal and Torres Strait Islander social justice

The Social Justice Commissioner’s office held
at least 113 consultations during 2002–03. Many of these were in
relation to issues relating to the annual social justice and native title
reports. Significant consultations included:

  • Benchmarking reconciliation and human rights. Workshop convened by the Commissioner in Sydney on 28–29
    November 2002 on integrating human rights approaches to measuring Indigenous
    disadvantage.
  • National Indigenous Legal Advocacy Courses. The Commissioner convened a Curriculum Development Advisory Committee
    for the development of these courses. The Committee met formally four
    times and was comprised of representatives of Aboriginal and Torres
    Strait Islander Legal Services, educators, industry bodies, human rights
    and anti-discrimination commissions, and government.
  • Criminal justice issues. The Commissioner
    and staff met with government agencies and Indigenous organisations
    about juvenile diversionary schemes in the Northern Territory and Western
    Australia; mandatory sentencing in Western Australia; the situation
    of Indigenous women in corrections nationally; and the status of recognition
    Aboriginal Customary Law in the Northern Territory.
  • Consultations on the operation of the Native
    Title Act.
    The Commissioner and staff consulted with the National
    Native Title Tribunal, Federal Court, Native Title Representative Bodies,
    Aboriginal and Torres Strait Islander Commission, federal Attorney-General’s
    Department, state and territory departments and mining companies on
    the operation of the Native Title Act 1993, as well as with
    native title holders and claimants.