President: Chris Puplick

• Investigates and resolves complaints of unlawful discrimination in New South Wales.
• Conducts research and community education on discrimination issues.
• Provides legal and policy advice to government.
• Advises the Industrial Relations Commission about discrimination in the workplace.
• Liaises with other Federal and State related agencies in the wider promotion of human rights throughout Australia.

Commissioner: Brian Porter

• Ensures that people with decision-making disabilities receive the best possible financial management services, and that their rights and interests are protected and promoted.

Public Guardian: Brian Porter

Director: John Le Breton

• Makes lifestyle decisions on behalf of adults who have a disability, an incapacity and a need for a guardian. (The Public Guardian is appointed when no relative or friend is available or suitable to be appointed as guardian.)
• Provides information to the community on the role and function of guardians.
• Provides support and assistance to private guardians.
• Provides advocacy on behalf of people under guardianship for improvements in life circumstances when needed.

Commissioner: Chris Puplick

A/Executive Member: Catherine Riordan

• Investigates complaints and provides advice on privacy issues affecting the people of NSW.
• Advises government agencies on their obligations to deal with personal information fairly and in accordance with legislation.
• Educates the community about privacy obligations.

Director: Claire Vernon

• Assists victims of crime through services provided by a Tribunal and a Bureau.

• Offers victims of violent crime and their families a system of compensation and counselling.
• Recovers monies paid in compensation from defendants.

• Provides, in conjunction with the Sydney City Mission, a 24 hour information, support and referral service to victims of crime.
• Links a range of victims’ services available across NSW.
• Oversees the statutory Charter of Victims Rights.

The Anti-Discrimination Board (ADB) sees its primary role as an advocacy one in promoting the principles of non-discrimination, equal opportunity and tolerance throughout NSW in both the public and private sector. It achieves this through the management, conciliation and resolution of specific complaints about unlawful discrimination, conduct of public education programs, representative litigation, support for appropriate legislative change and advocacy appearances in the Industrial Relations Commission.

Each year the ADB enters into a special partnership with one of the major NSW Government Departments to jointly produce material which promotes the principles of non-discrimination and equal opportunity. This year, the partner department was Local Government.

The Office of the Protective Commissioner (OPC) is responsible for protecting the rights of more than 10,600 individuals. Estate Managers in the office manage the financial affairs of almost 9,100 people while Private Managers are appointed for almost 1,600 people. The OPC reviews the activities of Private Managers and provides support and advice in seeking to meet the needs of the protected person.

The OPC developed a new model of service delivery which introduced individual plans for all clients to reflect their financial needs and personal aspirations.

The Attorney General approved a Project Plan to implement new Common Funds to deliver a range of investment options for clients which are consistent with the requirements of the Prudent Person Principle.

The former NSW Privacy Committee advised and assisted 2,200 callers during 1998/99, an increase of 10 per cent from 1997/98. Queries ranged from requests for information about privacy rights in the home or workplace, to more complex matters requiring investigation.

The Committee continued to play an active role in advocating the protection of privacy by government agencies and private sector organisations. It also provided advice to local and state authorities on the use of video surveillance in public places. The Office of the NSW Privacy Commissioner (known as Privacy NSW), which replaced the Privacy Committee on 1 February 1999, continued this work.

The Victims of Crime Bureau (VCB) runs a 24 hour victim support service in partnership with Sydney City Mission which provides information, support and referral services to victims of crime. During 1998/99 the information line received over 10,000 calls.

The VCB developed a code of conduct and statement of fitness for all counsellors under the Approved Counselling Scheme as part of its ongoing role in monitoring the professional aspects of the Scheme. In conjunction with the Sydney City Mission Victims of Crime Service, the Bureau hosted a conference in October 1998 entitled Victims’ Rights – Future Directions for service providers, victims and victim advocates from across Australia.

The VCB’s Interagency Forum, established in 1997, continued to meet regularly. Members, comprising key government, victim support and volunteer agencies, work together to coordinate the delivery of services to victims of crime. The Interagency Forum was instrumental in the development of a video and booklet entitled Your Day in Court which was designed to reduce the stress of appearing in court and empower victims of crime by providing an overview of the court process in both Local and District Courts in NSW. A sub-titled version was produced for victims who are hearing impaired and versions will also be available in key community languages. The Interagency Forum also helped develop counselling standards for services and the extension of the Victims Register model to the Department of Juvenile Justice and to NSW Health in relation to forensic patients.

The Victims Compensation Tribunal (VCT) continued to provide victims of violent crime and their families with a system of compensation and counselling. Under the recent amendments to the Victims Compensation Act 1996, counselling was extended to victims who were injured as a result of violent crime, but who did not sustain a compensable injury. The VCT continued to fast track claims from family members of homicide victims.

Counselling services were extended to people who were victims of crime in NSW and who have subsequently moved to other States and Territories in Australia. During the year more than 22,000 counselling hours, under the Approved Counselling Scheme, were approved for victims of crime.

Applications for compensation to the VCT increased during the year by 39 per cent compared to the previous year. Altogether there were 12,702 applications. The pending caseload of applications made under the 1987 Act was reduced substantially from 5,921 to 1,010.

The Restitution Section recovered a total of $3.19 million from defendants, which is an increase of 50 per cent on the previous year.


Reducing discrimination and breaches of privacy through community consultation and education

The Anti-Discrimination Board expanded its education programs during the year to include more sessions and far more participants. The sessions are both rights and respondent based, focusing upon individuals and communities in both the public and private sectors.

Through community consultation and education the Office of the Public Guardian (OPG) promoted the principles of the Guardianship Act and provided the community with information on the role and function of guardians.

The OPG presented 110 public talks, which included information on the appointment of enduring guardians. Under an enduring power of attorney, it has been possible for a person to appoint someone to conduct his or her financial affairs. It has not been possible, however, for a person to appoint someone to make lifestyle decisions, such as decisions concerning health care, on his or her behalf in the event that the person loses the capacity to make these types of decision. The new enduring guardianship provisions of the Guardianship Act 1987 allow people over 18 to appoint an enduring guardian of their choice.

The OPG also published a manual titled After the Hearing: A Guide for People Legally Appointed As Guardian in NSW. It is available to all people appointed as a guardian and outlines their role and responsibilities. Guardians across NSW can also access information by the Private Guardian Support Service telephone information line.

Six issues of Onguard! were published, offering information on other agencies providing support to people with disabilities, policy issues and guidelines on working with service providers.

The OPG also produced a brochure on guardianship for Aboriginal people following consultation with Aboriginal health workers.

The NSW Privacy Committee continued its education program. This included a campaign promoting privacy protection by government agencies in NSW, establishing a network of privacy contact officers in government agencies to distribute privacy information through their agencies, responding to 30 media inquiries, and addressing seminars, conferences, and meetings on issues relating to privacy.

Staff from the Victims of Crime Bureau (VCB) spoke at numerous government and non-government forums, raising the awareness of victims’ rights and the services provided by the Bureau. The VCB, for example, had a stall at Seniors Expo ’99 and was also involved in police training sessions at the Goulburn Police Academy.

Victims Services presented information sessions on the recent amendments to the Victims Compensation Act 1996 in Coffs Harbour, Wagga Wagga, Dubbo, Grafton, and Lismore.


Advising the Attorney General and Government

The Office of the Public Guardian advised the Attorney and Government on a range of matters such as issues relating to disability services, legislation impacting on people with disabilities, and on a number of individual client matters.

The Victims Advisory Board (VAB) which comprises four government and four non-government representatives, provides advice to the Attorney General about legislative reforms and policy issues regarding victims of crime. It made recommendations to the Attorney General in relation to the proposed new procedure for the calling of witnesses in District Court appeals under the Justices Legislation Amendment (Appeals) Act 1997. The VAB was instrumental in developing a media policy to ensure that victims of violent crime know where to seek appropriate advice if they are approached by the media.


Resolving complaints

The proportion of complaints lodged at the Anti-Discrimination Board (ADB) and which were conciliated rather than discontinued or litigated, increased markedly. The ADB primarily aims to resolve complaints through conciliated outcomes that are satisfactory to all parties.

The ADB’s advocacy role in the Industrial Relations Commission and various advisory bodies within this jurisdiction expanded enormously. More requests for advice were made by the Industrial Relations Commission. The ADB was particularly pleased at the decision of the Commission, on its advice, to insert a model anti-discrimination clause into all NSW awards.

The NSW Privacy Committee received 165 complaints regarding alleged breaches of privacy during 1998/99. Many of these complaints related to the unauthorised disclosure of personal information. However, the number of complaints relating to tenancy databases continued to rise. These databases, which hold information about allegedly bad tenants, can prevent people from finding rental accommodation, in some cases causing hardship to those concerned.

The number of complaints about surveillance, both in the workplace and at home, also increased. As surveillance equipment becomes increasingly affordable, it can be used by neighbours to gather data about each other. While every attempt is made to resolve these matters, where disputes between neighbours are entrenched, staff of the Commissioner refer them to the Community Justice Centres for mediation.

The Victims of Crime Bureau (VCB) oversaw the implementation of the statutory Charter of Victims Rights and responded to alleged breaches of it. The VCB aims in the long term to bring about systemic change within government departments to ensure that the underlying principles of the Charter are met.


Protecting people with impaired decision making abilities

The Office of the Public Guardian (OPG) provided guardianship services to more than 1,750 people with disabilities. Information was provided to more than 600 private guardians to assist them make decisions in the best interest of the person for whom they were responsible. Discussion was promoted on issues broadly affecting people who have a brain injury or who have been sexually assaulted.

The OPG produced a comprehensive document identifying and examining the authority of a guardian and the range of decisions a guardian may make under particular functions in a guardianship order. This will help people under guardianship, their partners, relatives and friends, and service providers to more easily identify the types of decisions a guardian, including the Public Guardian, can make.

The OPG also developed a set of standards by which guardianship practice can be reviewed. These aim to further improve consistency in guardianship practice and ensure appropriate processes are undertaken in making decisions.

The OPG released two editions of a newsletter for service providers. It aims to keep them aware of the circumstances under which guardianship is appropriate, how guardianship relates to their area of practice and how it benefits the person under guardianship. Regional teams within the OPG created further strategic links with service providers to support people under guardianship and facilitate improved outcomes for those under guardianship of the Public Guardian.

As the Public Guardian was the appointed guardian for people with a range of disabilities including intellectual disability, brain injury, psychiatric illness, and dementia, the OPG undertook significant advocacy to ensure the specific needs of individuals or notice of their circumstances was raised with Department Heads and relevant Ministers. The Public Guardian participated in a broad range of committees, working parties and advisory groups, advocating for strategic action. This included ensuring the protection of people with dementia and advocating for the rights of people in boarding houses and people with intellectual disabilities residing in large residential centres.


The year ahead

The Anti-Discrimination Board will:

• Continue to expand education programmes;
• Further increase the proportion of conciliated complaints;
• Pursue the updating and expansion of the legislative coverage of the Anti-Discrimination Act 1977; and
• Support arguments in the Industrial Relations Commission designed to promote equality and eliminate discrimination and harassment in the workplace.

• Review fees and charges for the OPC, to allow the continued meeting of service commitments to clients;
• Implement the Prudent Person Principle through the establishment of an Investment Advisory Board, as required by the Trustee Act, and develop the new Common Funds for investments;
• Formulate a new joint Information Technology Strategic Plan for both the OPC and the OPG to optimise communication and information technology strategies;
• Increase clients’ level of understanding of the role of the OPC and the need for decisions to be made on their behalf; and
• Continue to implement Year 2000 rectification strategies and minimise the impact of the Year 2000 and Goods and Services Tax on the business and clients of OPC.

• Establish a Medical Consultative Committee to ensure Public Guardian decision making and policies are based on best practice medical opinion;
• Develop a process for providing written reasons for decision for all major decisions made by the Public Guardian;
• Develop a means of reviewing guardianship practice against the OPG decision making standards;
• Ensure clients receive a service which is consistent with OPG decision-making standards; and
• Promote the utilisation of enduring guardianship by the community to further ensure the appointment of the Public Guardian as a last resort.

• Initiate an education campaign to inform public sector agencies about their obligations under the Privacy and Personal Information Protection Act 1998;
• Further develop Privacy NSW’s site on the Departments web site better information about the new legislation;
• Review privacy management plans and privacy codes of practice put forward by public sector agencies; and
• Continue policy work in relation to the use of closed circuit television in public places.

• Implementing recent amendments to the Victims’ Compensation Act 1996 which include establishing a list of qualified professionals and a Professional Advisory Panel to improve the quality of reports on psychological injury received by the Victims Compensation Tribunal;
• Finalising all matters pending under the pre-1996 legislation;
• Maximising the amount of monies recovered from defendants by rationalising existing recovery procedures and legislation and introduce a new computerised debtors management system;
• Implementing the Charter of Victims Rights through a range of targeted strategies including conducting a number of regional forums for government agencies to review the progress of the Charter’s implementation; and
• Publishing a pamphlet on what to expect from counselling, to ensure victims of crime are receiving high quality counselling, under the Approved Counselling Scheme.