Know your rights: A guide for Aboriginal and Torres Strait Islander People
 | Know your rights: A guide for Aboriginal and Torres Strait Islander People is a step-by-step explanation of how anti-discrimination laws in NSW can help Aboriginal and Torres Strait Islander people.
It is suitable for use by commnity and advice workers as well as individuals who want to know more about anti-discrimination law or make a discrimination complaint.
|
Print copies of Know your rights can be purchased for $10 each.
 Order Form 2011 (PDF 429)
Know your rights can also be downloaded for free as a PDF. There is also a complaint form accompanying this booklet which is specifically designed for Aboriginal and Torres Strait Islander people.
Know your rights: A guide for Aboriginal and Torres Strait Islander People (PDF - 466Kb)
Aboriginal and Torres Strait islander complaint form (PDF - 44.25 Kb)
To download a PDF document you need Adobe Acrobat. You can download the software for free from the Adobe website - Adobe Acrobat. Please note Mac OS X and Safari users: For Mac OS X, the default browser is Safari. If you experience problems accessing forms and documents on Lawlink websites using Safari as your Web browser, you may need to use an alternative browser, see the Macintosh Products Guide for more information.
Following is the text of Know your rights.
Know your rights: A guide for Aboriginal and Torres Strait Islander People
The Aboriginal and Torres Strait Islander Outreach Program
Have you ever been treated unfairly because you are an Aboriginal or Torres Strait Islander person?
Why you should complain about discrimination that is against the law ("unlawful")?
Working out if the discrimination law can help you
Step 1: Was it against the law?
Is what's happening to you one of the following types of discrimination?
Is what's happening to you indirect discrimination?
Did it happen to you in one of the following types of situations?
Is what's happening to you vilification?
Step 2: If it's not covered by the law, what can I do about it?
What can I do if it’s not against the law?
A few tips about talking to the person or organisation that you are unhappy with
Step 3: It is covered by the law, what can I do about it?
Step 4: How do I make a complaint to the Anti-Discrimination Board?
What happens when the Board receives my complaint?
How does the conciliation process help me?
Complaints that the ADB has helped to fix
Dictionary of discrimination words
The Aboriginal and Torres Strait Islander Outreach Program
The Anti-Discrimination Board of NSW has an Aboriginal and Torres Strait Islander Outreach Program. We believe our outreach program is the best way for Aboriginal and Torres Strait Islander people to get advice More>>Have you ever been treated unfairly because you are an Aboriginal or Torres Strait Islander person?
Many types of discrimination (unfair treatment) and harassment are against the law in New South Wales.
Aboriginal and Torres Strait Islander people often face discrimination in everyday life. Using the anti-discrimination law may be the best way to confront this discrimination. The law can give everyone an equal opportunity or a ‘fair go’.
If you feel you have been treated unfairly or harassed, this information tells you:
- who you can talk to about it
- what you can do about it.
Why you should complain about discrimination that is against the law ("unlawful")
Discrimination, and racism in particular, is NOT your fault.
It is the fault of the people who are being racist or discriminating against you.
It is really important that you challenge discrimination that is against the law.
Discrimination will keep happening if you don’t do something about it.
By making a complaint you can:
1. Make sure that people are made responsible for their behaviour and attitudes.
2. Use your legal rights under anti-discrimination laws.
3. Have the chance to confront discrimination in the privacy of a conciliation conference. You can share your thoughts, experiences and opinions about how the discrimination affected you.
4. Keep your dignity.
5. Provide a good role model. You send a clear message that you don’t have to cope with discrimination. There are ways of dealing with it.
6. Prevent unlawful discrimination from happening to other Aboriginal and Torres Strait Islander people.Working out if discrimination law can help you
To find out if the law can help you, you have to go through four steps
Step 1
Step 1 contains four questions you must answer. These are:
- Is what’s happening to you one of the following types of discrimination?
- Is what’s happen to you indirect discrimination?
- Did it happen to you in one of the following places of situations?
- Is what’s happening to you vilification?
Step 2
If it’s not covered by the law, what can you do about it?
Step 3
It is covered by the law, what can you do about it?
Step 4
How do you make a complaint to the Anti-Discrimination Board?
Step 1
Was it against the law?
Question 1
Is what's happening to you covered under the law?
Race Discrimination
When you are treated unfairly or harassed because of your race, colour, ethnic background, descent or national identity.
Sex discrimination
When you are treated unfairly or harassed because you are a woman or because you are a man. Sexual harassment is a type of sex discrimination. Discrimination against a woman because she is pregnant or breastfeeding is also a type of sex discrimination.
Marital or domestic status discrimination
When you are treated unfairly or harassed because of your marital status. For example, you are treated unfairly because you are married, single or living in a defacto relationship.
Example
An Aboriginal man went for a job in a community organisation. His wife was on the management committee of the organisation. He didn’t get the job and he believed it was because of his marital status.
Gay or lesbian (homosexual) discrimination
When you are treated unfairly or harassed because you are gay or lesbian or someone thinks you are gay or lesbian.
Age discrimination
When you are treated unfairly or harassed because of your age.
Discrimination because of your carers' responsibilities
When you are treated unfairly or harassed because you need to look after certain people, including your children, parents, grandparents, sisters or brothers.
Disability discrimination
When you are treated unfairly or harassed because you have a disability. This includes any disability that you have now, may have had in the past or may get in the future. The term disability includes physical disability, intellectual disability, learning disability, mental illness, physical illness or disease (including HIV) that could make any part of the body work differently.
Example
A person was offered a job as long as they passed a medical test. During the medical test the person was asked to fill in a medical history form. When the employer found out that the person had previously suffered from bipolar disorder the job offer was withdrawn. The Board advised the person that they could lodge a complaint of discrimination on the basis of past/presumed disability.
Discrimination because you are or others think you are transgender (transsexual)
You are counted as transgender if you live or seek to live as a member of the opposite gender (sex) to your birth gender.
Discrimination because of who you are related to, or who you mix with
When you are treated unfairly or harassed because of the sex, age, race, marital status, homosexuality, transgender or disability of one of your relatives, friends or workmates.
The discrimination you’re facing may involve one or more of these types of discrimination.
Example
A woman rang us for some advice because she was being sexually harassed. Her boss was always asking her out and trying to touch her. When she told him to stop, he started to make rude comments about her Aboriginality. We advised her that what was happening to her involved both sex and race discrimination.
Is the discrimination you are experiencing one of those described above?
Yes
No
Question 2: Is what's happening to you indirect discrimination?
There are two types of discrimination - direct and indirect. It can be hard to work out if you’ve experienced indirect discrimination.
Direct discrimination is when the treatment you experience is obviously unfair.
An example of direct discrimination is if an employer tells you he won’t give you a job because you are an Aboriginal or Torres Strait Islander person.
Indirect discrimination is when a rule that is the same for everyone has an unequal and an unreasonable effect on Aboriginal and Torres Strait Islander people versus other people; men versus women, gays versus heterosexuals; and so on.
The NSW public service used to have a rule that people could only get leave to go to a funeral if the person who died was a member of their immediate family such as their parent, child, brother, or sister. This rule had an unequal effect on Aboriginal and Torres Strait Islander people because it did not take into account that in these communities it is important to attend the funerals of many relatives.
When this rule was in place, Aboriginal and Torres Strait Islander people could have made a complaint of indirect race discrimination.
Another example of indirect race discrimination might be when a company advertises that only people with a degree can apply for a job. If you don’t need a degree to do the job, you might be able to make a complaint of indirect race discrimination because Aboriginal and Torres Strait Islander people are less likely to have had the opportunity to do a degree.
Is the discrimination you are experiencing direct or indirect discrimination?
Yes
NoQuestion 3: Where did it happen?
Employment
Did you experience unfair treatment or harassment when you applied for a job, or while you were at work or when you left a job?
Example
A man working as a builder’s assistant had applied many times over the previous six years for training to become a builder. Each time, his employers refused him. He suspected that it was because he was a Torres Strait Islander.
Goods or services
Were you treated unfairly or harassed when you tried to get any goods or services? These include banks, local councils, shops, doctors, hospitals, ambulances, police, lawyers, discos, pubs and public transport.
Example
A hotel refused to serve an Aboriginal woman on her first visit. The hotel licensee said that the woman was part of a group that had caused a disturbance at the hotel several months ago. Another example is a nightclub in a country town that refused entry to all Aboriginal people who tried to enter saying that they did not meet the dress regulations. Non-Aboriginal people in similar dress were allowed in.
Access to places or vehicles
Were you treated unfairly or harassed when you went to the local swimming pool or riding in a taxi cab?
Education
Were you treated unfairly or harassed when you applied to study art, or while you were studying in any government educational institution? These include government schools, TAFE colleges and universities.
Accommodation
Were you treated unfairly or harassed when you wanted to rent or buy a flat, house, or caravan when you tried to get a motel or hotel room, or when you wanted to rent or buy a commercial premises? The law covers real estate agents and property owners.
Example
An Aboriginal woman looked at a house for rent and told the real estate agent that she wanted to rent it. The agent talked to the owner and then told her that the owners did not want to rent it to Aboriginal people.
Registered Clubs
Were you treated unfairly or harassed when you tried to join or enter a registered club? Were you treated unfairly while you used the club? Registered clubs include RSL clubs and some sporting clubs, like football clubs and golfing clubs.
Is the discrimination you are experiencing happening in one of the places described above?
Yes
NoQuestion 4: Is what's happening to you vilification?
The term ‘vilification’ means to speak badly of a person or people.
Racial vilification
It is against the law to do anything in public that could encourage:
- hatred
- serious contempt or
- severe ridicule
towards Aboriginal and Torres Strait Islander.
Here are some examples of racist acts that could be against the law when aimed at Aboriginal and Torres Strait Islander people:
- graffiti that is racist or vilifies
- public speeches or abuse that are racist or vilifying
- statements in a newspaper or other publications, or on the radio or television that are racist or vilifying
- people wearing racist badges or clothing with racist slogans in public places
- racist gestures made in public places.
Example
An Aboriginal person complained that an article in a country newspaper vilified (spoke badly of) Aboriginal people because it implied that only Aboriginal kids were to blame for local crimes.
Homosexual vilification
There are also laws against vilification of gay and lesbian people. So, it is also against the law to do anything in public that could encourage hatred, serious contempt or severe ridicule towards gay or lesbian people.
Example
A gay man’s neighbour painted slogans on the front door of his flat that were very abusive about homosexuals. This was visible to all the other residents in the housing block.
HIV/AIDS vilification
There are also vilification laws for people living with HIV or AIDS. So, it is also against the law to do anything in public that could encourage hatred, serious contempt or severe ridicule towards people living with HIV or AIDS.
Transgender vilification
There are also vilification laws for people who are, or are thought to be transgender. So, it is also against the law to do anything in public that could encourage hatred, serious contempt or severe ridicule towards people who are, or are thought to be transgender.
Is the discrimination you are experiencing vilification?
Yes
NoStep 2: If it's not covered by the law, what can you do about it?
There are some forms of unfair treatment or discrimination that the law does not cover.
Personal disagreements
The law can’t be used in personal disagreements whether they are between Aboriginal and Torres Strait Islander people or non-Aboriginal and Torres Strait Islander people.
Sport
The law does not cover all sporting activities.
Example
If you play football and you think that the referee treated your team unfairly during a match because your team members are of Aboriginal or Torres Islander descent, you cannot make a complaint under the anti-discrimination laws. You should think about taking the problem to the particular sporting association that is responsible for holding the competition.
Religion
Anti-discrimination laws don’t cover religious discrimination. A school that is set up by a particular religion can make a rule only to enrol students who are members of their religion.
Example
A Catholic school can choose to enrol only Catholic students.
What can I do if it’s not against the law?
If what’s happening to you isn’t covered by anti-discrimination laws there are still things that you can do that might fix the situation.
If you can, try talking to the person or organisation you are unhappy with
Use whatever help you can. The Aboriginal Legal Service, the local Aboriginal Land Council or the Aboriginal student centre may be able to give you some advice.
There may be another organisation you can take this problem to.
Examples
- If it is to do with sport, you could approach the local, regional or state body responsible for the competition.
- If it is to do with Aboriginal and Torres Strait Islander community organisations not following formal rules and procedures, you could contact the Registrar of Aboriginal Corporations or the NSW Department of Co-operatives.
There may be someone in the community who you like and trust that can help you.A few tips about talking to the person or organisation that you are unhappy with
Don’t say or do anything when you’re angry
When you talk to the person or organisation that you are unhappy with, choose a time when you are calm and when you’ve thought about what you want to say. Sometimes things said in the heat of the moment can make the situation worse.
Go over what happened in your mind
- Think back to what happened.
- When did it start?
- What did they do? What did you do?
- What needs to happen to make things better?
Going back over the situation will help you to be clearer when you talk with the person or organisation that is making you unhappy.
Take a friend
Is there a friend or support person that can come with you? Sometimes having someone there for support can be very helpful.
What do you want to happen now? Step 3: It is covered by the law, what can I do about it?
Try talking to the person or organisation that you feel is discriminating against you
Use whatever help you can. The Aboriginal Legal Service, the local Aboriginal Land Council or the Aboriginal Medical Service may be able to give you some advice.
Call the Anti-Discrimination Board
You can speak to an officer from the Board, or a friend, workmate or relative can do it for you.
Our enquiries service is open from nine in the morning to five in the afternoon. You can speak to an Aboriginal and Torres Strait Islander officer if you want to. We can answer any questions you have about the law and talk about ways that you might be able to deal with the situation.
Make a complaint to the Anti-Discrimination Board
If you cannot fix the discrimination, you can make a complaint to us at the Anti-Discrimination Board.
The Anti-Discrimination Act 1977 (NSW) says that people should make their complaint within 12 months of the unfair treatment. If you are complaining about something that happened more than 12 months ago, we may not be able to help you.
If you want to complain about something that happened more than 12 months ago, tell us why you didn’t complain earlier. Give as much information as you can, as this will help us decide whether we can help you. We will contact you and tell you if we will accept your complaint.Step 4: How do I make a complaint to the Anti-Discrimination Board?
You have experienced discrimination during the last 12 months. You have checked that the discrimination is covered by anti-discrimination law. You have tried to fix this discrimination but this has not worked. You now want the Anti-Discrimination board to fix the discrimination.
Now you need to make a formal complaint. It is important that your complaint is in writing.
There are two ways to make a formal complaint of discrimination:
1. You can write us a letter, or a friend, relative or someone else can do it on your behalf
In the letter, tell us about the discrimination you are experiencing. If someone else writes to us for you, you must sign the bottom of the letter.
2. You can fill out a complaint form.
You download the Aboriginal and Torres Strait Islander complaint form here, or you can get a copy from any of the Board’s offices.
What happens when theBoard receives my complaint?
You will receive a letter from the Anti-Discrimination Board
The Anti-Discrimination Board writes a letter to everybody who complains. If your complaint is something that the Anti-Discrimination Board can do something about, it will go to a conciliation officer or an investigation officer. They are the people at the Board who help fix complaints.
The Anti-Discrimination Board will talk to you
The conciliation officer or investigation officer will ask you to come into the Anti-Discrimination Board for an interview to provide more information. If you can’t come in, they will talk to you by phone.
The Anti-Discrimination Board will contact the other side
After your conciliation officer or investigation officer has talked with you, they will talk to the person or organisation that you have complained about.
The Anti-Discrimination Board gets the full story
The Anti-Discrimination Board tries to fix the complaint (conciliate it)
Most often, after the complaint handler has investigated a complaint, he or she will arrange a meeting of the people directly involved in the complaint - you and the other side. This meeting is to allow you and the other side to talk about the complaint and look for ways of fixing it that are fair to everyone. This meeting is called a conciliation conference.
If both sides agree, then the complaint is settled.
If you can’t agree, you go to court
This is very rare. If you and the person or organisation that you have complained about can’t agree on the way to fix the complaint, you can ask for the complaint to be sent to the Equal Opportunity Division of the Administrative Decisions Tribunal.
The Equal Opportunity Division is like a court of three people with a special interest and experience in discrimination. This court listens to both sides and decides if the anti-discrimination law has been broken. If it has been broken it tells the other side what they must do to fix the problem. How does the conciliation process help me?
The conciliation process gives you the chance to suggest ways of doing something about the discrimination you experienced.
For example you could ask for and get things like:
- Aboriginal and Torres Strait Islander cultural awareness training in your workplace.
- An organisation may choose to look at who it employs. For example, a hotel may decide to employ an Aboriginal person.
- An apology to either yourself or your community.
- The person or organisation you complained about could invest time and money to promote awareness of issues and events within the Aboriginal and Torres Strait Islander communities.
- You get back what was taken from you. For example, the job, entry to hotel, house to rent and so on.
- In some cases, some people or groups get money as compensation. However, you are more likely to get one or more of the things listed above.
Complaints that the ADB has helped to fix
Accommodation
An Aboriginal woman contacted us after her real estate agent gave her an eviction notice. She believed that the eviction notice was the result of a campaign by an allegedly racist neighbour to get rid of her family. The Anti-Discrimination Board contacted the real estate agent. After they heard her story they decided to withdraw the eviction notice.
Goods and services
Two young Torres Strait Islander boys were accused of shoplifting from a large variety store in a country area. Even though nothing was found on them, they were questioned intensively by the store detectives. The boys contacted the Anti-Discrimination Board because they thought they were treated unfairly because of their race. We organised a conciliation conference. The store realised that members of the Aboriginal and Torres Strait Islander community felt that they had been treated unfairly. The managers apologised to the boys and promised to work with members of the community in the area to improve the relationship between the store and the community.
Employment
An Aboriginal woman alleged that she was being sexually harassed by someone at work. Although she complained to management, no action was taken. She believed that her complaints were ignored because of her race. After she involved the Anti-Discrimination Board, the employer decided to organise an education program on preventing sexual harassment.
Racial vilification
An article that racially vilified Aborigines was published in a country newspaper, an Aboriginal person complained to the Anti-discrimination Board. As a result the author and newspaper apologised to the person who complained, and the newspaper began to work with the community in a more positive way.
Dictionary of discrimination words
Conciliation Conference
When an officer of the Ant-Discrimination Board holds a meeting to bring the two sides of a complaint together to talk about the issues and concerns. The aim of the conciliation conference is to try to agree on a way of fixing the problem.
Discrimination
Unfair treatment of a person, racial group, minority and so on. Action based on prejudice.
Harassment
Any act which is not welcome and offends or humiliates a person because of their race, sex and so on. To trouble, torment or confuse by continual persistent attacks, unwelcome attention or questions.
Lawful
Allowed or recognised by the law. Legal.
Prejudice
A bad opinion of someone or a group of people that is based on no facts or the wrong facts. Prejudging or judging before you know someone.
Unlawful
Not allowed or not recognised by the law. Illegal. Aboriginal and Torres Strait Islander Complaint form (PDF - 44.25 KB)
Back to Community and Indigenous section
Back to self-help guides
Back to publications index
Contact Us
|
|
