Significant Achievements

Human Rights and Equal Opportunity Commission
Annual Report

2005—2006
© Human Rights and Equal Opportunity Commission 2006

ISSN 1031–5098

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Public Affairs Unit

Human Rights and Equal Opportunity Commission

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The 2005–06 Annual Report is available on the Commission’s website at: www.humanrights.gov.au/annrep05_06/
18 September 2006
The Hon. Philip Ruddock MP

Attorney-General

Parliament House

Canberra ACT 2600

Dear Attorney-General
I have pleasure in presenting the Annual Report of the Human Rights and Equal Opportunity Commission for the period ending 30 June 2006, pursuant to section 45 of the Human Rights and Equal Opportunity Commission Act 1986. The report has been prepared in accordance with the requirements of section 70 of the Public Service Act 1999.
Yours sincerely,

The Hon. John von Doussa QC

President
Human Rights and Equal Opportunity Commission

Contents

Contents 4

Significant Achievements 6

Statement from the President 8

Chapter 1: The Commission 13

Vision 13

Mission 13

Structure 13

Legislation 16

Functions and powers 18

Specific functions of the President and Commissioners 19

Outcomes structure 21

Chapter 2: Human rights education and promotion 22

Education and communications strategy 22

Media engagement 23

Community consultations 25

Commission website – www.humanrights.gov.au 26

Commission publications 32

2005 Human Rights Medal and Awards 32

Chapter 3: Monitoring Human Rights 36

Chapter 4 – Complaint Handling Section 44

Chapter 5: Legal Section 79

Report of an Inquiry into a complaint by Mr Zacharias Manongga Consul for the Northern Territory, Consul of the Republic of Indonesia that the human rights of Indonesian Fishers detained on vessels in Darwin Harbour were breached by the Commonwealth of Australia 80

Chapter 6: Aboriginal and Torres Strait Islander Social Justice 92

Chapter 7: Disability Rights 105

Chapter 8: Human Rights 115

National inquiries 116

Monitoring and adhering to human rights 117

Education and promotion of human rights 118

Speeches and consultations 119

Chapter 10: Sex and Age Discrimination 126

Statement from the Commissioner 126

Our continuing research partnerships are also designed to improve our understanding of the connections between unpaid caring responsibilities and economic outcomes. 127

Research and Policy 128

Paid work and family responsibilities 128

Striking the Balance project 128

Research Benchmarking Women’s Wages and Conditions 129

ARC linkage project ‘Parental Leave in Australia’ 129

ARC linkage project ‘Impact of Parents’ Employment on Children’s Well-being’ 129

ARC linkage project ‘Australia’s response to Trafficking in Women’ 129

Education and Promotion 130

Materials for Indigenous Women on Pregnancy and Work 130

Judicial Awareness Raising 130

Trafficking in Women Workshop 130

Seminar on Women’s Human Rights 131

Education materials for the Age Discrimination Act 131

Legislative Development and Submissions 131

International Activities 132

CHAPTER 11: International Activities 133

Appendix 1 139

International Instruments observed under legislation administered by the Human Rights and Equal Opportunity Commission 139

Appendix 2 141

Commission publications released during 2005–06 141

Appendix 3 143

Freedom of Information 143

Appendix 4 145

The complaint handling process 145

Appendix 5 146

Human resources and administrative services 146

Significant Achievements

The National Inquiry into Discrimination against Same-Sex Couples regarding Financial and Work-Related Entitlements - ‘Same-Sex: Same Entitlements was launched in April 2006. As at 30 June 2006, the Inquiry had received 340 written submissions.

The Final Report of the National Inquiry into Employment and Disability Workability II: Solutions was tabled by the Attorney-General in federal parliament on 14 February 2006.
The Commission has commenced an Indigenous Health Equality campaign that aims to eliminate the life expectancy gap between Indigenous and non-Indigenous peoples within a generation.
The Commission released an overview paper in June 2006 of research and findings on domestic violence in Indigenous communities.
Rights of Passage – A Dialogue with Young Australians about Human Rights was launched in November 2005. Rights of Passage provides current information about young people’s perceptions of their enjoyment of human rights in Australia.
The Striking the Balance: Women, men, work and family project has conducted 37 consultations around the country and held a roundtable on the issues with stakeholders from academia, industry and the community. It continues to attract significant media attention.
The Commission has developed culturally specific education materials on pregnancy, potential pregnancy and breastfeeding discrimination in the workplace for Indigenous women.

The Commission and federal Attorney-General Philip Ruddock launched the magazine and CD Voices of Australia – 30 years of the Racial Discrimination Act 1975-2005 in October 2005.

The fourth edition of Face the Facts – the Commission’s most popular publication dealing with myths and misconceptions about Indigenous people, migrants and refugees - was released in October 2005.

The Complaint Handling Section finalised 93 percent of matters within 12 months. 39% were finalised by conciliation.

The Commission developed Information for Students, an online education resource for secondary school students to help them gain an awareness and understanding of human rights.

The Commission has made a number of submissions to parliamentary committees on issues including anti-terrorism laws, migration laws, Family Law Act amendments.

Five reports of breaches of the Human Rights and Equal Opportunity Commission Act were completed and the Commission was granted leave to intervene to intervene in five matters.

Significant progress was made during 2005-06 towards a possible international convention on human rights and disability through a working group of the United Nations General Assembly. The Commission has continued to participate as part of the Australian Government delegation.

Usage of the Commission’s web site has increased by 52 % since 2004-05. In 2005-06 there were approximately 8,371,613 page views on the server. This equates to approximately 71,779,044 hits on the site in total.
In March 2006, the Commission received an award to recognise long term support of the Jobsupport Program, which supports staff with intellectual disabilities in the workplace. The award recognises a staff member’s 15 years of employment with the Commission.