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ADC Annual Report 2000/2001
Indicative Complaints
The following are complaints that indicate the nature of those brought
before the Commission:
Parenthood
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The Complainant was employed as an instructor in remote communities.
He had a three-year-old daughter and sought permission from
his employer for his daughter to regularly accompany him to
work. When this permission was refused he made a complaint
alleging that his employer had discriminated against him on
the basis of parenthood and engaged in the prohibited conduct
of failing to accommodate his special need as a parent.
The Commissioner rejected the complaint on the ground that
the complaint was misconceived because the provisions of the
Anti-Discrimination Act 1992 do not go so far as to produce
a requirement for employers to permit employees to regularly
bring their children to work with them.
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The Complainant was a mother with a baby. She was refused
access to some public buses unless she folded up the baby's
pram. This was a problem because the baby had a medical
condition that required it to lay flat as much as possible.
The bus drivers were of the view that prams had to be folded
for safety and the convenience of other passengers.
A conciliation conference was held involving the Complainant,
a number of bus drivers, and personnel and management representatives
from several bus companies. The conference was a positive
and productive venue for all parties, and led to a satisfactory
resolution of the Complainant's concerns, and a redrafting
of the policies and practices relating to the special needs
of parents travelling with children on buses.
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Impairment
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The Complainant was a diabetic. He applied for employment
and was refused on the basis that the employer would not consider
diabetics for the job. There had been no attempt made
to ascertain if he could meet the inherent requirements of
the job. At a Conciliation Conference the Respondent
came to understand that automatically assuming a diabetic
would be unable to do the job was discriminatory and very
hurtful to the Complainant. The Respondents apologized
to the Complainant, paid him a cash settlement, and gave him
a job.
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Sex
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The Complainant was a man who upon marriage had changed his
name to his wife's name. Following a divorce he sought
to change his passport back to his birth name. He was
told that because he was a man he would have to pay the full
cost of a new passport, whereas a woman in similar circumstances
receives a new passport free of charge. He complained
that this was sex discrimination. On investigation of
this complaint it was discovered that in fact the policy of
the passport office was identical for both men and women,
and that the Complainant had been incorrectly advised and
should not have had to pay for his passport in those circumstances.
The Respondent apologised, refunded the fee charged for the
passport, and sent out a memo to all passport offices in Australia
ensuring that all staff were informed of the correct policy.
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Age
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The Complainant was given a trial shift as a shop clerk in
a retail store. When she returned for a shift the next
day she was told that she was not needed. When she asked
for a reason she was told that she was the 'wrong age'.
The Respondent demonstrated that age was not the real reason
they did not hire the Complainant, but acknowledged that giving
age as a reason was hurtful and distressing to her.
They offered an apology and a settlement to compensate her.
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Race
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The Complainant claimed that it was race discrimination that
he wasn't eligible for jobs which are reserved for persons
of Aboriginal or Torres Strait Islander descent. It was explained
to him that, while this is a form of discrimination on the
basis of race, it is not unlawful, because the Anti-Discrimination
Act 1992 provides an exemption for programs, plans
or arrangements designed to promote equality of opportunity
for a group of people who are disadvantaged. Aboriginal
people are a disadvantaged group within society. Specifically
designated jobs for this group are a special measure and the
complainant therefore did not disclose discrimination within
the meaning of the Act.
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Religious Belief
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The Complainant applied for a position at a church-operated
organisation. She was not hired for the job, and comments
made by the employer led her to believe that only people who
practiced a certain religion had been considered for the job.
At a conciliation conference the Respondent satisfied the
Complainant that religion had not been a factor in the decision
not to hire her, and apologised for the distress this impression
had caused her. The Respondent also came to understand
that, unless affiliation with a certain religion was clearly
a requirement for carrying out the duties of a job, it was
unlawful discrimination to use religion as a criterion for
hiring. They agreed to implement changes to the organisation's
hiring practices to ensure that they were non-discriminatory.
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Enquiries
Categories Of Prohibited Conduct
1 July 2000 - 30 June 2001
| PROHIBITED CONDUCT |
Jul |
Aug |
Sep |
Oct |
Nov |
Dec |
Jan |
Feb |
Mar |
Apr |
May |
Jun |
Total |
| Discrimination |
33 |
46 |
27 |
23 |
34 |
29 |
18 |
19 |
19 |
15 |
26 |
18 |
307 |
| Sexual Harassment |
4 |
1 |
5 |
5 |
9 |
0 |
0 |
5 |
1 |
2 |
0 |
2 |
34 |
| Victimisation |
1 |
3 |
2 |
0 |
0 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
7 |
| Failure to Accommodate Special Need |
1 |
4 |
0 |
1 |
4 |
1 |
1 |
1 |
1 |
1 |
0 |
1 |
16 |
| Discriminatory Advertising |
0 |
2 |
2 |
2 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
0 |
7 |
| Seeking Unnecessary Information |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
0 |
1 |
0 |
0 |
0 |
2 |
| Aiding Contravention of Act |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
0 |
0 |
0 |
0 |
1 |
| NOT UNDER ACT |
|
|
|
|
|
|
|
|
|
|
|
|
|
| - Referred to other Agencies |
8 |
12 |
12 |
10 |
8 |
10 |
6 |
8 |
13 |
21 |
19 |
12 |
139 |
| - Information Posted |
0 |
2 |
6 |
2 |
0 |
2 |
1 |
3 |
2 |
1 |
2 |
2 |
23 |
| - Information Given |
5 |
4 |
2 |
4 |
7 |
5 |
8 |
11 |
2 |
1 |
10 |
7 |
66 |
| - Appointment |
0 |
0 |
0 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
0 |
2 |
| GENERAL INFO. |
|
|
|
|
|
|
|
|
|
|
|
|
|
| - Referred to other Agencies |
3 |
1 |
0 |
1 |
1 |
1 |
0 |
1 |
2 |
0 |
0 |
0 |
10 |
| - Information Posted |
5 |
6 |
2 |
5 |
2 |
2 |
1 |
1 |
3 |
2 |
0 |
3 |
32 |
| - Information Given |
4 |
13 |
10 |
7 |
8 |
5 |
0 |
6 |
9 |
6 |
6 |
13 |
87 |
| - Appointment |
0 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
| MODE OF ENQUIRY |
|
|
|
|
|
|
|
|
|
|
|
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|
| - Telephone |
59 |
82 |
59 |
57 |
67 |
52 |
34 |
52 |
48 |
46 |
55 |
49 |
660 |
| - Personal |
5 |
13 |
9 |
4 |
6 |
4 |
2 |
4 |
4 |
2 |
10 |
6 |
69 |
| - Email |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
0 |
1 |
2 |
| - Mail |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
0 |
0 |
2 |
3 |
Enquiries (Prohibited Conduct)
Areas Of Activities
1 July 2000 - 30 June 2001
| PROHIBITED CONDUCT - DISCRIMINATION Grounds/Attributes |
education |
work |
accommodation |
goods/
service/
facilities |
clubs |
insurance/
super |
Total |
| Age |
0 |
25 |
0 |
2 |
1 |
1 |
29 |
| Association with a person who has, or is believed
to have, an attribute referred |
1 |
5 |
0 |
2 |
0 |
0 |
8 |
| Breastfeeding |
0 |
6 |
0 |
0 |
0 |
0 |
6 |
| Impairment |
5 |
43 |
3 |
17 |
0 |
1 |
69 |
| Irrelevant Criminal Record |
1 |
8 |
0 |
2 |
0 |
0 |
11 |
| Irrelevant Medical Record |
0 |
5 |
0 |
0 |
0 |
0 |
5 |
| Marital Status |
0 |
9 |
0 |
3 |
0 |
1 |
13 |
| Parenthood |
0 |
6 |
1 |
2 |
0 |
0 |
9 |
| Political Opinion, Affiliation or Activity |
1 |
3 |
2 |
2 |
0 |
0 |
8 |
| Pregnancy |
0 |
15 |
0 |
0 |
1 |
0 |
16 |
| Race |
0 |
39 |
3 |
21 |
2 |
0 |
65 |
| Religious Belief/Activity |
0 |
4 |
1 |
1 |
0 |
0 |
6 |
| Sex |
0 |
32 |
1 |
7 |
0 |
0 |
40 |
| Sexuality |
0 |
12 |
0 |
2 |
0 |
0 |
14 |
| Trade Union Activity |
0 |
8 |
0 |
0 |
0 |
0 |
8 |
| Total |
8 |
220 |
11 |
61 |
4 |
3 |
307 |
| OTHER PROHIBITED CONDUCT Grounds |
education |
work |
accommodation |
goods/
service/ facilities |
clubs |
Insurance/
Super |
Total |
| Aiding Contravention of Act |
0 |
1 |
0 |
0 |
0 |
0 |
1 |
| Discriminatory Advertising |
0 |
7 |
0 |
0 |
0 |
0 |
7 |
| Failure to Accommodate Special Need |
2 |
8 |
2 |
4 |
0 |
0 |
16 |
| Sexual Harassment |
0 |
33 |
1 |
0 |
0 |
0 |
34 |
| Seeking Unnecessary Info |
0 |
2 |
0 |
0 |
0 |
0 |
2 |
| Victimisation |
2 |
5 |
0 |
0 |
0 |
0 |
7 |
| Total |
4 |
56 |
3 |
4 |
0 |
0 |
67 |
| TOTAL ENQUIRIES |
12 |
276 |
14 |
65 |
4 |
3 |
374 |
Breakdown of Discrimination Enquiries Transactions
* ICR = Irrelevant Criminal Record
* IMR = Irrelevant Medical Record
By Areas by Percentage
Enquiries Transactions - 1 July 2000 - 30 June 2001
| Category of Prohibited
Conduct |
| Discrimination |
307 |
| Sexual Harassment |
34 |
| Victimisation |
7 |
| Discriminatory Advertising |
7 |
| Seeking Unnecessary Information |
2 |
| Failure to Accommodate Special Need |
16 |
| Aiding a Contravention |
1 |
| Total |
374 |
Note: does not include enquiries "not under Act".
By Prohibited Conduct

Comparison of Enquiries Received by Month and Year
| |
1996/97 |
1997/98 |
1998/99 |
1999/2000 |
2000/2001 |
| July |
82 |
78 |
81 |
71 |
60 |
| August |
79 |
99 |
64 |
82 |
85 |
| September |
82 |
123 |
120 |
65 |
62 |
| October |
66 |
91 |
97 |
77 |
56 |
| November |
51 |
72 |
115 |
74 |
59 |
| December |
53 |
55 |
49 |
60 |
51 |
| January |
65 |
72 |
59 |
57 |
32 |
| February |
77 |
101 |
89 |
77 |
52 |
| Mary |
54 |
80 |
101 |
81 |
49 |
| April |
75 |
76 |
81 |
75 |
46 |
| May |
76 |
89 |
81 |
106 |
62 |
| June |
72 |
77 |
73 |
90 |
56 |
| Total |
832 |
1013 |
1010 |
915 |
670 |
Yearly Comparison of Enquiries Received
| Year |
Total Enquiries Received |
| 1 July 1995 30 June 1996 |
903 |
| 1 July 1996 - 30 June 1997 |
832 |
| 1 July 1997 - 30 June 1998 |
1013 |
| 1 July 1998 - 30 June 1999 |
1010 |
| 1 July 1999 - 30 June 2000 |
915 |
| 1 July 2000 - 30 June 2001 |
670 |
These figures relate to the particular year, they are not cumulative.
Formal Grounds/Complaints 1 July 2000 30 June 2001
| Categories of Prohibited
Conduct |
| Discrimination |
230 |
| Sexual Harassment |
14 |
| Victimisation |
10 |
| Failure to Accommodate Special Need |
42 |
| Seeking Unnecessary Information |
22 |
| Aiding Contravention of Act |
12 |
| Discriminatory Advertising |
3 |
| Total |
333 |
By Prohibited Conduct

COMPLAINTS
(Areas of Activities)
1 July 2000 30 June 2001
PROHIBITED CONDUCT DISCRIMINATION
Grounds/Attributes |
Education |
Work |
Accommodation |
Goods/
Services/
Facilities |
Clubs |
Insurance/
Super |
Total |
| Age |
6 |
15 |
1 |
1 |
|
|
23 |
| Association with person who has, or is believed to have,
an attribute referred |
1 |
10 |
1 |
6 |
2 |
|
20 |
| Breastfeeding |
|
|
|
|
|
|
|
| Trade Union/Employer Assoc. Activity |
|
11 |
|
|
|
|
11 |
| Impairment |
3 |
25 |
|
10 |
|
2 |
40 |
| Irrelevant Criminal Record |
|
4 |
|
|
|
|
4 |
| Irrelevant Medical Record |
2 |
5 |
|
1 |
|
|
8 |
| Marital Status |
|
13 |
2 |
1 |
|
|
16 |
| Parenthood |
|
8 |
1 |
5 |
|
|
14 |
| Political Opinion, Affiliation /Activity |
2 |
6 |
3 |
2 |
1 |
|
14 |
| Pregnancy |
|
4 |
|
|
|
|
4 |
| Race |
|
18 |
1 |
11 |
1 |
|
31 |
| Religious Belief/Activity |
2 |
3 |
|
|
|
|
5 |
| Sex |
|
24 |
2 |
5 |
|
|
31 |
| Sexuality |
|
7 |
|
|
2 |
|
9 |
| Total |
16 |
153 |
11 |
42 |
6 |
2 |
230 |
OTHER PROHIBITED CONDUCT
Grounds |
Education |
Work |
Accommodation |
Goods/
Services/
Facilities |
Clubs |
Insurance/
Super |
Total |
| Aiding Contravention of Act |
4 |
7 |
1 |
|
|
|
12 |
| Discriminatory Advertising |
|
2 |
|
1 |
|
|
3 |
| Failure to Accommodate Special Need |
3 |
24 |
|
12 |
2 |
1 |
42 |
| Sexual Harassment |
|
13 |
1 |
|
|
|
14 |
| Seeking Unnecessary Information |
1 |
11 |
1 |
9 |
|
|
22 |
| Victimisation |
1 |
8 |
|
1 |
|
|
10 |
| Total |
9 |
65 |
3 |
23 |
2 |
1 |
103 |
| TOTAL COMPLAINTS FOR 2000/2001 |
333 |
FORMAL GROUNDS/COMPLAINTS ON HAND
| |
OPENED |
CLOSED |
| |
97/98 |
98/99 |
99/00 |
00/01 |
97/98 |
98/99 |
99/00 |
00/01 |
| July |
15 |
39 |
46 |
8 |
9 |
26 |
29 |
49 |
| Aug |
19 |
19 |
32 |
8 |
26 |
30 |
31 |
12 |
| Sept |
21 |
18 |
32 |
13 |
19 |
30 |
26 |
16 |
| Oct |
17 |
25 |
18 |
9 |
17 |
11 |
7 |
21 |
| Nov |
13 |
52 |
19 |
15 |
23 |
10 |
16 |
19 |
| Dec |
24 |
31 |
14 |
6 |
12 |
28 |
17 |
18 |
| Jan |
20 |
15 |
16 |
20 |
12 |
21 |
29 |
13 |
| Feb |
35 |
23 |
8 |
22 |
9 |
18 |
25 |
15 |
| Mar |
22 |
85 |
30 |
12 |
25 |
23 |
36 |
26 |
| Apr |
30 |
49 |
15 |
7 |
15 |
52 |
23 |
8 |
| May |
27 |
23 |
24 |
12 |
19 |
29 |
34 |
12 |
| June |
24 |
68 |
25 |
28 |
29 |
39 |
16 |
7 |
| Total |
267 |
447 |
279 |
160 |
215 |
317 |
289 |
216 |
Note 1: One 'file' may contain a number of different grounds of
complaint as described in the footnote to "Complaint Handling in
2000-2001" above.
Note 2: As at 30 June 2001 there were 69 files "on
hand". This is a significant decline from the 277 files reported
as "on hand" at 30 June 2000. It appears there was a significant
statistical error involved in previously reported file "on hand"
statistics. This error appears to have existed since the 1997-1998 annual
report when a distinction was first drawn between "complaints"
and "files".
Outcomes of Formal Complaints Files
| Discontinuance by Commissioner (s102) |
2 |
| Dismissed - no prima facie found (s76) |
37 |
| Lapsed or Lost Interest (s72) |
10 |
| Referred to Hearing |
31 |
| Rejected at Outset (s66-69) |
77 |
| Settled |
38 |
| Withdrawn by Complainant (s71) |
21 |
| Total |
216 |
Areas of Activities
1 July 2000 30 June 2001
Formal Complaints: Breakdown of Discrimination

*ICR - Irrelevant Criminal Record
*IMR - Irrelevant Medical Record
By Area by Percentage
By Percentage By Region

Respondents' Profile By Percentage

Comparative Enquiries Received

Comparative Complaints Received

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