Commissioners’ statements
Mick Gooda
Aboriginal and Torres Strait Islander Social Justice Commissioner
There have been many issues confronting Aboriginal and Torres Strait Islander Australians in 2013-14, such as the over-representation of our people in the criminal justice and child protection systems, the future of the National Congress of Australia’s First Peoples and constitutional recognition of Aboriginal and Torres Strait Islander peoples. However, of all of these concerns, it has been the change of government that has had the most profound impact.
As we entered this year, an election campaign was underway that culminated in change at the federal level. Then Opposition Leader Tony Abbott set out an ambitious agenda for Aboriginal and Torres Strait Islander peoples, including strong statements that he would put Indigenous affairs front and centre of his Government’s priorities and that he would take on the role of the Prime Minister for Aboriginal and Torres Strait Islander peoples.
Any change of government brings a mixture of anxiety, uncertainty, anticipation and excitement for the population. This is particularly so for Aboriginal and Torres Strait Islander peoples. The incoming Government brought out all of these responses and, over the last ten months, we have seen a great upheaval in the handling of Aboriginal and Torres Strait Islander peoples’ issues.
Two of the largest areas of impact have been the ‘machinery of government’ changes and the 2014-15 federal Budget.
The machinery of government changes saw the Indigenous Affairs portfolio move into the Department of Prime Minister and Cabinet (DPM&C), along with a dedicated Minister, Senator the Hon Nigel Scullion, and the appointment of a Parliamentary Secretary assisting the Prime Minister in these matters, the Hon Allan Tudge MP.
This meant that the administration of some 150 programs and activities transferred into PM&C. This transfer caused immense anxiety among Aboriginal and Torres Strait Islander communities because of the uncertainty around which programs would be transferred and which department would administer them. I also saw a high level of anxiety in the public sector because this change saw over 2000 people moved between departments.
Similarly, aspects of the 2014-15 federal Budget generated high levels of anxiety within the Aboriginal and Torres Strait Islander community.
For instance, over the next five years, there will be $534.4 million cut in Indigenous programs, grants and activities administered by the PM&C and Health portfolios alone. Taken together with the transfer of 150 programs into PM&C mentioned above, I have been informed that these cuts could impact on around 1440 organisations and 3030 funding agreements.
At the time of writing, confusion and uncertainty about ongoing funding arrangements are hampering the work of many people who are committed to addressing issues of over-representation of our people in the criminal justice and child protection systems, the future of the National Congress of Australia’s First Peoples and the constitutional recognition of Aboriginal and Torres Strait Islander peoples. It goes without saying that changes of this magnitude cannot be realised by only cutting red tape and promoting administrative efficiencies. Therefore, we must be vigilant to ensure that frontline services are maintained at all costs.
I will continue to monitor this situation closely and work with the Government to ensure that our peoples are as informed as possible about this process so that those issues I mentioned above remain the focus of our attention, rather than matters of administration and funding.
Graeme Innes AM
Disability Discrimination Commissioner
My term as Disability Discrimination Commissioner ended on 11 July 2014. This concludes eight and a half years of challenge and change.
In September 2013, Australia appeared before the United Nations Committee on the Rights of Persons with Disabilities. Australia’s report was submitted earlier and a coalition of NGOs submitted an excellent shadow report. The Commission also submitted a shadow report.
I worked closely with both the Government (as a member of the delegation) and the NGOs to ensure that Australia was well represented. I made statements at the beginning and end of the dialogue, establishing a process for other national human rights institutions to follow in the future. The Committee’s Concluding Observations noted Australia’s achievements and set a clear path towards progressive realisation of the Convention in the future.
In February 2014, I launched the Equality before the law report which examined the lack of equal access to justice for Australians with disabilities, particularly those with communication challenges and complex support needs. It recognised the particular disadvantage of Aboriginal Australians with disabilities. The report recommended the implementation of a Disability Justice Strategy within each jurisdiction.
Sex Discrimination Commissioner Elizabeth Broderick and I also supported the Stop The Violence Project, examining the experience of violence against women with disabilities. It culminated in comprehensive recommendations to government to include women with disabilities in all aspects of anti-violence strategies.
Significantly lower levels of employment of people with disabilities remain a problem. I worked constructively with employers to address this. However, government does not demonstrate best practice in this area, as levels of employment of people with disabilities remain shamefully low.
Despite significant advocacy by the disability sector and by me, most airlines continue with the ‘two wheelchair’ policy. This policy significantly disadvantages people with mobility disabilities. Regulation similar to that in the United States and Europe is necessary but government progress on this issue remains glacial.
Government funding for disability sector participation in international activities was used to send a delegation of young people with disabilities to the 2014 Conference of States Parties for the Convention on the Rights of Persons with Disabilities. Leadership succession is vital and the young people who participated demonstrated the availability of talent for the future.
With the support of registered clubs in NSW, a guidance note was developed on the use of mobility scooters in their premises. This provides an excellent template should the Commission be given co-regulatory powers in the future.
I continued to raise awareness of disability issues through the media, social media and presentations, concluding with my National Press Club speech on 2 July 2014. I also worked as a part-time Commissioner on the Australian Law Reform Commission’s inquiry examining capacity, equality and disability in Commonwealth laws.
I shared the significant disquiet of the disability sector at the downgrading of the Disability Discrimination Commissioner position to a part-time role, filled by a person without lived experience of disability, at the end of my term. This will have a significant negative impact on disability issues in the future.
Elizabeth Broderick
Sex Discrimination Commissioner
In July 2013, I commenced a National Review examining the prevalence, nature and consequences of discrimination in the workplace related to pregnancy, parental leave and return to work after parental leave.
The national telephone survey we conducted, the first of its kind in Australia, revealed the widespread and systemic nature of these forms of discrimination. We also met with more than 430 individuals, employers and representatives from community organisations, unions, business and industry. In addition, around 440 written submissions were received. This process allowed us to hear directly from employees and employers, providing an insight into their experiences and the challenges they face.
The principal finding of the National Review, which I will release in July 2014, is that discrimination relating to pregnancy and return to work is pervasive and has a cost for everyone: the person affected, their family, their workplace, employers and our economy. The report will also document leading practices implemented by employers to prevent discrimination.
In May 2014, I launched Know Where the Line Is, a national campaign on sexual harassment in the workplace. A partnership between the Commission, the Australian Council of Trade Unions and the Australian Chamber of Commerce and Industry, the campaign recognises that workplace sexual harassment is an abuse of human rights, has a negative impact on employee safety and security and is costly to business. The Commission also developed a resource for employers on ending workplace sexual harassment, as well as one for employees on recognising and responding to sexual harassment, including taking bystander action.
I continued to work with the Male Champions of Change on our shared goal to improve gender equality and increase the representation of women in leadership. In November 2013, the Male Champions of Change released their report, Accelerating the advancement of women in leadership. In order to make gender equality the norm in our organisations, we must create the conditions and cultures that enable men and women to thrive. Accordingly, their report identified a set of high impact actions that leaders can take to ‘change the game’.
This year also saw the conclusion of the Commission’s work to review the treatment of women in the Australian Defence Force. The Audit Report of the implementation of the recommendations from the Report into the Treatment of Women at the Australian Defence Force Academy (ADFA) was tabled in Parliament in July 2013. We found that ADFA had made good progress to create a more inclusive environment. However, the report identified the need to develop and deliver a robust, evidence-based sexual ethics program. It is pleasing to see that progress has been made on rolling out such a program since the report was tabled.
The Audit Report on the implementation of the recommendations in the Report on the Review into the Treatment of Women in the Australian Defence Force (ADF) was tabled in March 2014. It was clear from our investigations that the ADF was moving ahead with a broad cultural reform agenda. However, greater efforts are required to ensure that the case for change is well understood across the ADF, especially among middle and junior rank personnel. Additionally, sexual ethics training should be provided for all bases and a uniform approach developed to ensure that commanding officers are held accountable for the healthy culture of their base or unit.
In a clear indication of its commitment, the ADF will engage the Commission for a further four years to assist it embed cultural reform across the organisation. I look forward to my ongoing collaboration with the ADF and commend it on its strong efforts to date.
Susan Ryan
Age Discrimination Commissioner
This year began with the launch of Your Rights at Retirement, a one-stop-shop guide to assist older Australians to understand their rights and entitlements at retirement. The publication attracted extensive interest from government, business, community groups, individuals and the media. It has been distributed nationally through multiple channels, including the electorate offices of federal MPs and Senators, Centrelink, Medicare, the NSW Department of Ageing, community organisations and online. The Commission was successful in obtaining funding from the Department of Immigration and Citizenship to translate the publication into Italian, Greek and Chinese. I look forward to the continuing success of this publication as it reaches more seniors from culturally and linguistically diverse backgrounds.
The Age Stereotyping project is now in its second phase; engaging the media and implementing a communication strategy for the broader community, including young Australians. Following the publication of our milestone research report – Fact or Fiction? Stereotypes of Older Australians – we developed the Age Positive website and the communications campaign The Power of Oldness to combat negative attitudes and recognise the significant contributions made by older Australians to their communities, the workforce and the national economy.
I have continued my advocacy for greater recruitment and retention of older workers. This year the Australian Government indicated its intention to increase the pension eligibility age from 65 to 70 years by 2035. This planned change reinforces the need to tackle fundamental problems of ageism and workplace discrimination, which continue to prevent older people from obtaining and remaining in paid employment regardless of pension age. To contribute to a better understanding of the relationship between older people, the workplace and pensions, I began planning for the first national prevalence survey on age discrimination in employment.
The protection of human rights for older people is a challenge for all countries. I have worked to support the development of an international Convention on the Rights of Older Persons by convening an Asia Pacific Workshop on the Rights of Older Persons. Co-hosted with the Asia Pacific Forum, the workshop brought together delegates from 16 national human rights institutions, who agreed to form a regional working group on the issue. I was elected as spokesperson for that group.
Throughout the year, I held meetings with representatives from the insurance and financial planning sectors to consider the appropriate and lawful application of the insurance exception in the Age Discrimination Act and to make the case for new products that suit the current and future insurance needs of older Australians.
Our submission to the inquiry by the Senate Standing Committee on Community Affairs into grandparents who take primary responsibility for raising their grandchildren provided an important opportunity to highlight the extensive contribution made by grandparents and the need to better support this crucial work.
Over the next two years, I will continue to work for the elimination of age discrimination in employment and urge the business community to recognise the needs of older consumers in their business plans.
Protection of the rights of older people receiving aged care needs further attention. It also requires more and better training of workers, particularly regarding the rights of older people to respect and choice.
As I commence my recent additional appointment as Acting Disability Discrimination Commissioner, I am meeting with key stakeholders in the disability sector to develop a strategic agenda to further advance the human rights of people with disabilities.
Dr Tim Soutphommasane
Race Discrimination Commissioner
I was honoured to commence my term as Race Discrimination Commissioner in August 2013, following the departure of Dr Helen Szoke in January 2013.
Combating racial discrimination remains an important challenge. While Australia is a successful multicultural society, it is not free from prejudice and discrimination.
This past year has given me the opportunity to meet with communities in every state and territory. Many people have raised concerns about the incidence of casual racism in Australia, an issue highlighted by a number of high-profile racist incidents. I have spoken regularly about the need to repudiate acts of casual racism. Even if such acts are not always accompanied by malice, they still inflict harm on their targets. Racism is as much about impact as it is about intention.
I have also heard widespread concerns about the incidence of cyber-racism, particularly among young people. Part of the Commission’s response includes support for the Australian Research Council-funded project on cyber-racism and community resilience, which aims to provide evidence about the extent of online racism and support communities in responding to it.
There has, of course, been a high level of public interest in Part IIA of the Racial Discrimination Act, following proposals for its amendment. I have spoken to, and consulted with, a wide range of communities and organisations about the operation of sections 18C and 18D of the Act. Through interviews, speeches and articles, I have contributed to the extensive debate about bigotry and free speech. The past year has provided a unique opportunity to explain how the law works to provide protections against the serious and profound harms of racial vilification, while upholding freedom of expression. It has been heartening to find that a strong commitment to racial tolerance exists across the country. Australians appreciate that freedom of expression exists alongside freedom from racial discrimination.
I have also met with employers, sporting bodies, universities, local councils and community organisations in my role leading the National Anti- Racism Strategy and the Racism. It Stops with Me campaign. The campaign has enjoyed significant growth, with more than 270 organisations signing on as supporters. We have particularly appreciated the support of campaign ambassador Adam Goodes, who was named Australian of the Year in January 2014.
Next year marks the 40th anniversary of the Racial Discrimination Act. This anniversary provides an opportunity for critical reflection on what has been achieved under the Act and for consideration of systemic progress in the future. We will commemorate the anniversary with a series of activities, including a national conference in February 2015. Another priority for the coming year is to continue my advocacy on workplace cultural diversity, particularly on the issue of leadership and representation.
I look forward to working with the Australian community in 2014-15.
Megan Mitchell
Children’s Commissioner
There are approximately 5.2 million children and young people under 18 in Australia affected by decisions being taken right now that will have implications throughout their lives. While children have their own set of rights under the Convention on the Rights of the Child, which Australia ratified 24 years ago, it is sadly the case that few adults, let alone children, are aware of this. Little has been done in a systematic way to realise children’s rights in our community.
Looking back on my first full year as Australia’s inaugural National Children’s Commissioner, these are perhaps the greatest challenges in front of me: to help to raise the profile of children as rights holders; to promote their involvement in decision making; to help their voices to be heard; and to
have them treated as active citizens with something important to contribute.
This will not only build their own knowledge, capacity and agency, it will also ensure that we, as adults, get things right more of the time. Despite our nation’s relative wealth, it is a tragedy that so many Australian children continue to live in poverty, are subject to abuse, have been taken into care, experience unstable housing or are locked in detention. The parlous circumstances of Aboriginal children, while showing some areas of improvement, remains a wicked, stubborn and intergenerational problem. Sustained investment in their futures must remain a national priority through the Close the Gap Campaign and other initiatives.
Substantiated reports of child abuse and neglect have continued to rise, with a 29 per cent increase since 2011. Today nearly eight in every 1000 children are unable to live with their parents and the rate of Aboriginal and Torres Strait Islander children in care is 10.6 times the rate for non-Indigenous children.
In my first report tabled in Parliament last year, I outlined five key pillars of change to deliver rights to Australia’s children: the right to be heard; the right to live free from violence, abuse and neglect; the right of all children to thrive; engaged citizenship; and action and accountability. These were determined after an extensive national consultation process with children, young people and child advocates called the Big Banter and they will guide my work into the future.
This year I embarked on a project to investigate intentional self-harm among children and young people. This has emerged as a major issue for our young people. In 2012, suicide was the leading cause of death among children and young people aged 15 -24. In the same year, there were over 10 000 hospitalisations of young people related to self-harm incidents. My study will examine what is driving this alarming trend and what can be done to prevent and better respond to intentional self-harm.
Knowing their rights is profoundly empowering for children and young people. It can also act as an important safeguard against the harms others may seek to perpetrate against them. For this reason, it is crucial that Australia accedes to the Third Optional Protocol to the Convention on the Rights of the Child. This would allow children to have serious breaches of their rights considered on the international stage.
It has been a wonderful and enlightening year as National Children’s Commissioner. I applaud all who fought so hard for the role and who continue to support me in my work. I would also like to acknowledge my colleagues and Commission staff committed to advancing children’s rights.
Most of all, thank you to the many children and young people in Australia who have engaged with me and provided me with insight, advice and great ideas.
Tim Wilson
Human Rights Commissioner
Since commencing as Australia’s sixth Human Rights Commissioner in February 2014, my focus has been on reasserting the primacy of the liberal human rights of freedom of speech, association, movement, worship and property rights.
Across the country, there continues to be discussions about the importance of free speech. As the responsible Commissioner, I have been an active participant in advocating for the full realisation of this important human right in the media and with community groups, the business community and government. The Commission’s broader contribution to this discussion has also been incredibly important in informing quality public debate.
To continue the discussion, the Commission is hosting a day-long symposium in August 2014 focusing on contemporary challenges to free speech. This symposium will bring together key stakeholders in business, academia, think tanks and government to discuss the adequacy of current rights to free speech in Australia. A road map of potential reform will be developed to inform future initiatives to remove or minimise restrictions.
Following the symposium, I will undertake a national consultation process to seek the views of people about the rights and freedoms that will guide my future work as Commissioner. The objective of this process is to generate positive and constructive conversations about human rights in Australia and to meet with groups and individuals who may not otherwise engage in discussions about their human rights and associated responsibilities.
Many of the places visited as part of these consultations will be in rural and regional communities. I intend to engage with local community groups, such as welfare agencies, charities, chambers of commerce, service clubs and local councils, as well as individuals through public fora. The focus of the consultations will be on the ways that individuals and communities are advancing rights and respect for others outside of laws and government programs.
I intend to particularly focus on the long-neglected human right of property and how its preservation is central to a market economy and economic development, including for Aboriginal and Torres Strait Islander Australians.
Information gathered from the consultations will be collated into a report that outlines the opportunities for work throughout my term to promote and advance human rights and their contribution to social and economic development. The results from the free speech symposium and the national consultations will also support and inform the Australian Law Reform Commission’s inquiry into traditional rights, freedoms and privileges.
Parallel to the human rights consultations, I will be consulting with lesbian, gay, bisexual, trans, gender diverse and intersex (LGBTI) Australians and community groups. Unlike other minority groups, the Commission does not have a dedicated Commissioner to the myriad of issues facing the LGBTI community. Many of the challenges are outside of the law and require the development of programs to foster tolerance and address gaps and issues specific to LGBTI Australians. These consultations will inform a report that will provide a national stocktake of the legislative and non- legislative challenges faced by LGBTI Australians; identify gaps in information, appropriate services and service provision; and set out opportunities for reform.
Importantly, a key theme of my work over the next year will be to re-establish discussions about the role of liberal human rights as the foundation of our liberal democracy. The 800th anniversary of Magna Carta in June 2015 will provide an exciting opportunity to engage the public in these conversations.
