Lawlink NSW: 3.3 Discrimination and Human Rights

Report on the NSW Government's Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody

3.3 Discrimination and Human Rights

Recommendation Number 211

Aboriginal people to be informed about human rights and anti-discrimination legislation

That the Human Rights and Equal Opportunity Commission and State Equal Opportunity Commissions should be encouraged to further pursue their programs designed to inform the Aboriginal Community regarding anti-discrimination legislation, particularly by way of Aboriginal staff members attending at communities and organisations to ensure the effective dissemination of information as to the legislation and ways and means of taking advantage of it.

Government’s original position: Supported
Revised government position: Supported
Agencies responsible for implementation: Attorney General’s Department – Anti-Discrimination Board

Implementation report
The Anti-Discrimination Board has developed an Aboriginal and Torres Strait Islander Outreach Program designed to prevent discrimination against Indigenous people and to assist in situations where it has occurred. Through the Outreach program the three Indigenous staff assist communities throughout New South Wales by:

informing Aboriginal organisations and key individuals about the Board and its role, anti-discrimination laws and when and how to use such laws. A key strategy developed through the year was a program targeted towards peak Aboriginal bodies, such as the NSW Aboriginal Land Council and ATSIC Regional Council. These organisations are responsible for funding, inherent in which are training, community planning and management outcomes such as industrial responsibilities and models of best practice personnel management. Informed community representatives, at the peak level, of the provisions of the Anti-Discrimination Act 1977 will lead to positive long term outcomes.
investigate and conciliate complaints of discrimination lodged by Aboriginal people. Education programs will lead to knowledgable and empowered Aboriginal and Torres Strait Islander communities, which will in turn result in stronger and better laid out complaints by individuals. It follows that those groups and individuals who continue to discriminate against Aboriginal and Torres Strait Islanders face the choice of undergoing behavioural change or the consequences of their actions before the Tribunal.
consult with Indigenous organisations, communities and individuals about the effectiveness, or otherwise, of the current processes at the Board and the current anti-discrimination laws. To this end, the Board has an Aboriginal and Torres Strait Islander Advisory consultation, which meets regularly to provide policy advice for input into the Boards annual and three year planning processes.
educate major groups who may discriminate against Indigenous persons about discrimination and how to avoid it.

During 1998 the Outreach Program ran rural programs in Walgett, Moree, Wagga Wagga, Bateman’s Bay and Nowra. These programs were community based education sessions, the purpose of which were to inform Aboriginal and Torres Strait Islander peoples of their rights and responsibilities under the NSW Anti-Discrimination Act 1977.

Implementation status
Partially implemented
Future reporting in Part A

Recommendation Number 212

Aboriginal people to be encouraged to exercise their legal rights under anti-discrimination laws

That the Human Rights and Equal Opportunity Commission and State Equal Opportunity Commissions should be encouraged to consult with appropriate Aboriginal organisations and Aboriginal Legal Services with a view to developing strategies to encourage and enable Aboriginal people to utilise anti-discrimination mechanisms more effectively, particularly in the area of indirect discrimination and representative actions.

Government’s original position: Supported
Revised government position: Supported
Agencies responsible for implementation: Attorney General’s Department – Anti-Discrimination Board

Implementation report
The primary objective of the Anti-Discrimination Board’s Outreach Program is the provision of culturally appropriate services to Aboriginal and Torres Strait Islander people and communities in New South Wales.

Aboriginal people still comprise 8% of the number of complaints received by the Board. The number of complaints from Aboriginal people has increased from previous years. The Board considers that the increase is not necessarily a result of increased discrimination against Aboriginal and Torres Strait Islander people but an increased confidence in the use of the Board to address discrimination. The outreach program of the Board is effectively resulting in an increased knowledge of the Anti-Discrimination Act 1977 and Board processes. Unfortunately, resource constraints impact on the Boards effectiveness in facing this increased access to the services of the Board, by Aboriginal and Torres Strait Islander individuals and communities
Initiatives in 1998 were:

Revision of the information and resource kit – Reaching Out. The booklet provides accurate information and explanations in regard to anti-discrimination issues as they affect Indigenous Australians. The publication has been a very popular and responsive tool in the Boards Outreach program. A major proportion of complaints are based on the complaint form within the kit.
Establishment and maintenance of consultative links with Aboriginal community representatives across the state and through Aboriginal inter-agency meetings and networks.
A joint project with the National Children’s and Youth Law Centre and the Australian Centre for Equity in Education, Keeping Our Kids At School, which researched the rates of expulsion and suspension of Aboriginal students in the public education system. This has led to a co-operative information sharing arrangement between the Board, the Aboriginal Education and Consultative Group (AECG) and the NSW Teacher’s Federation.

Implementation status
Partially implemented
Future reporting in Part A

Recommendation Number 213

Racial vilification to be a civil offence

That Governments which have not already done so legislate to proscribe racial vilification and to provide a conciliation mechanism for dealing with complaints of racial vilification. The penalties for racial vilification should not involve criminal sanctions. In addition to enabling individuals to lodge complaints, the legislation should empower organisations which can demonstrate a special interest in opposing racial vilification to complain on behalf of any individual or group represented by that organisation.

Government’s original position: Supported
Revised government position: Supported
Agencies responsible for implementation: Attorney General’s Department – Anti-Discrimination Board

Implementation report
The Anti-Discrimination (Racial Vilification) Amendment Act 1990 implemented the substance of the recommendation. On 8 August amendments to the definition of race, and to the racial vilification provisions of the Anti-Discrimination Act 1977 came into force.

Further evaluation of these provisions needs to occur as the definitions of what constitutes incitement, serious contempt and severe ridicule are unclear and the high legal standards for each appear to exclude incidents on which the Aboriginal and Torres Strait Islander team and staff generally at the Board give advice.

Implementation status
Fully Implemented
Future reporting in Part A

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in , or affected by, the laws of New South Wales, Australia only.

most recently updated 20 August 1999