ADC Annual Report 2000/2001

From the Commissioner

Tom Stodulka

Commissioner

My appointment as Anti-Discrimination Commissioner took place in August 1999 and I am pleased to present my third annual report.

Over the past two years the Commission has made significant progress in a number of areas including the re-organisation and resourcing of the Commission.  A full review of staffing arrangements has been completed resulting in the upgrade of all conciliator positions and efficiencies being gained through the re-focusing of key administrative positions.

This process has had its challenges and placed pressures on all staff.  I would like to take this opportunity to publicly acknowledge staff for their support throughout this period of change.  I would also like to acknowledge the support of Government throughout the change process.

The Commission has developed a comprehensive business plan and the emphasis of our vision and efforts will be on creating a community, which is empowered to identify discrimination and can take appropriate action to achieve a remedy if it occurs.

The complaint handling section of the Commission has implemented revised procedures that ensure complaints are promptly and impartially handled.  The launch of the Commission's comprehensive website in April 2001 is receiving up to 3000 hits per day and raising the profile of the Commission; it has also enabled all Territorians to make enquiries and submit complaints via e-mail.  The hearing function of the Commission has been re-organised and a long-term problem with the backlog of cases for hearing has been overcome.

The public education function of the Commission has continued to expand to ensure a greater awareness of human rights issues amongst all Territorians.  The Commission is particularly positive about the success of the Territory/Commonwealth "Youth Challenge" initiatives held in Darwin and Alice Springs.  These Challenges involved hundreds of young people and representatives from the wider communities engaging in debate about Human Rights and the role each of us can play in promoting just and tolerant communities throughout the Northern Territory. 

Core Challenges

Despite progress in a number of areas, the work of the Anti-Discrimination Commission in the Northern Territory has many challenges ahead.  While the sources of these challenges are various, the single major factor that should be identified is the continuing disadvantage suffered by many Aboriginal Territorians.  Lower economic, health and educational outcomes experienced by Aboriginal Territorians are of themselves an issue of fundamental human rights concern.  Further, the disadvantage suffered by many Aboriginal Territorians has a number of consequential effects.  For example, many of the allegations of systemic discrimination in the area of consumer rights that have come to the attention of the Commission stem from the vulnerable educational and economic positions of many Aboriginal Territorians from remote communities.  Similarly, issues that are related to the need to access basic employment and health care services are the core of urban community concern regarding itinerants.  Undesirable legislative responses, such as Mandatory Sentencing and Anti-Social Conduct legislation, have unfortunately at times been identified as the source of resolution to such core challenges.

Developing more equitable long-term responses to the challenges of disadvantage and discrimination is of course not a straightforward task.  However, the Commission has facilitated some very positive initiatives in the following areas:

Remote Community Consumer Matters

In partnership with Commonwealth and Territory agencies such as the Banking Industry Ombudsman, the Australian Competition and Consumer Commission, ATSIC and the NT Consumer Affairs Division of the Department of Industries and Business, a number of remote communities, Ti-Tree, Utopia, and Laramba in Central Australia and Maningrida in the Top End, have been visited in order to investigate the challenges faced by consumers in these localities.  The visit program has not only raised awareness of these issues across the key service delivery agencies, but has resulted in a number of coordinated initiatives between Commonwealth and Territory agencies and the local consumer groups in developing and delivering just and sensitive solutions.  This is a priority area for the Commission to target its efforts in the coming years.

Liquor Restrictions

To many remote communities, the issue of liquor sale and consumption restrictions is a central one to their ongoing well-being.  Historically, this is a matter the Anti-Discrimination Commission and other human rights agencies have had an involvement in through submissions to Liquor Tribunal hearings and consultations with officers of the Liquor Commission and the community.  Over the next 12 months, the Commission will continue to engage with stakeholders and assist in achieving equitable outcomes.

Special Measures

The Anti-Discrimination Act 1992 established a mechanism (at section 57) to allow for special measures to be put in place that target groups who are denied access to the basic human rights enjoyed by others in their community.  The development of special measures is an essential component of any effective response to the needs of particular groups of disadvantaged Territorians.  The legal staff of the Commission regularly advise government agencies and other bodies in relation to the requirements and limitations of the special measures provisions.  The Commission will continue to provide expert advice in the area of Special Measures over the coming year.

Mandatory Sentencing

With the election of a new government comes the prospect of the repeal of the Mandatory Sentencing legislation.  I have publicly stated on many occasions that I believed Mandatory Sentencing delivered unfair outcomes for Territorians.  I join with many others in supporting its proposed repeal.  With any repeal of the Mandatory Sentencing legislation will come opportunities to visit many other aspects of the operation of the criminal justice system in the Territory and the Commission will harness these opportunities to promote debate and review in order to achieve our vision.

The political controversy surrounding mandatory sentencing created the impetus for the development and enhancement of a number of sentencing schemes aimed at diverting young offenders from periods in detention whilst simultaneously involving victims, offenders and the community in the delivery of justice.  The genuine involvement of many members from Aboriginal communities in these schemes was evident during my participation in the Where The Waters Meet Conference organised by the Aboriginal Justice Advocacy Committee in June 2001.  The voice of the Commission must ensure that the anticipated repeal of mandatory sentencing results in the continued examination of how the criminal justice system can deliver better outcomes to all Territory communities in a just, restorative and culturally appropriate way as well as ensure the causes of crime are addressed in this context.

DisAbility

Throughout the year the Commission has continued to enjoy a close relationship with members of the DisAbility community.  In addition to the celebration of DisAbility Week in December, the Commission was proud to be involved with the ABC and Department of Defence Access and Equity launches in Darwin, and to have one of the Youth Challenges for High School Students in April dedicated to a DisAbility focus.

Aboriginal Interpreter Service

The Anti-Discrimination Commission has had an ongoing and active involvement in this issue.  An effective Aboriginal Interpreter Service (AIS) is central to human rights for many Aboriginal Territorians by creating equitable access to services and informed decision making not only in relation to health care delivery and legal proceedings, but also in respect to utilising the full range of government and non-government services.  The celebration of the first year of operation of the AIS has been extremely important but much work remains to be done.  Issues relating to funding of the service, training of the interpreters and expansion of the service still remain.  There will be negative consequences if the development of the AIS is allowed to stall when the national spotlight arising from mandatory sentencing moves on and the Commission will work hard over the next year to promote the enhancement of the AIS and, ultimately, a harmonious, just and equitable Territory.

Anti-Discrimination Act 1992

The foregoing represents a number of core challenges faced not just by the Commission but the Northern Territory community as a whole.  It is timely also to consider how well the legislation that established the Anti-Discrimination Commission is able to cope with those challenges.

The Act has, on the whole, served the Territory well.  There has rarely been suggestion that, the grounds of prohibited discrimination in the Act are inadequate.  However, the test of time has pointed to a number of shortcomings in the operational provisions of the Act.  My role as both a public advocate of the principles of anti-discrimination and as a Commissioner required to hear and determine individual complaints of discrimination is one example of this.  The uncertainty of the application of the Act to employers by means of vicarious liability and the nature of appeals to the Local Court are further examples.  It is also increasingly apparent that the inter-relation of the anti-discrimination jurisdiction established under the Act with those of jurisdictions such as the Industrial Relations Commission and the Work Health Court needs further examination.

I intend to ensure that the Government has the opportunity to fully consider these matters prior to the tenth anniversary of the Act. Accordingly, I will be establishing a process to review the operation of the Act over the coming year ensuring that all relevant stakeholders and interest groups are given the opportunity to be involved in this review.

Conclusion — Working With Government

Whilst the complaint resolution and public education functions of the Anti-Discrimination Commission represent its core business, the Commission also has an important role to play in the provision of human rights advice to government.  This function is set out in section 13(1)(b) of the Act.  The relationship between human rights agencies and governments can be problematic.  It is a positive challenge for my Commission to work collaboratively, constructively and transparently with the Northern Territory's new Labor Government as well as its constituents over the coming years to ensure the Territory is recognised as a jurisdiction where efforts that promote human rights are seen not as a basis for disunity, but rather as a bond that unites the Government and the community around a shared goal.

Tom Stodulka