In March, I was privileged to join colleagues from around Australia to celebrate 20 years of federal disability discrimination law. The focus of the celebration was the newly released DVD compilation, 20 Years, 20 Stories. The stories are power reminders of the discrimination faced by people with disability, the change that can and does come about as a result of individuals asserting their right to equality through anti-discrimination law and the continuing gaps in protection of rights. 

On 21 May, Federal Disability Discrimination Commissioner Graeme Innes will be joining me to host an early evening public screening of some of the 20 stories in Hobart. It will be an opportunity to have our own celebration here, but also to reflect on what more needs to be done.  One key issue Commissioner Innes has identified is the continuing barrier to access to justice for people with disability. I met with Commissioner Innes and others in Sydney in April to discuss what has been achieved, what has worked, what has not and what needs to be done to remove the barriers that mean that people with disability continue to not enjoy the same legal rights as others. Details of this event will be circulated in the next couple of weeks, but in the meantime please put that date in your diary.

As this newsletter is being finalised, my office is getting ready for Agfest.  This is now an important part of the outreach of my office to people across Tasmania. It is an opportunity to meet with people from across the State and particularly from the rural and regional parts of Tasmania.  It is great chance to find out about what is going on across the State and remind people that the Anti-Discrimination Act 1998 exists and that is there to help us all build a more inclusive and respectful state, a place where everyone has equality of opportunity.

So, if you're at Agfest please drop by our site (details below) and say hi!

Robin Banks
Anti-Discrimination Commissioner

Welcome to our bumper combined April/May edition of In respect of rights.

Agfest
2, 3 & 4 May 2013

OADC staff will be at Agfest again this year, the OADC site is part of the Kids Agricultural Awareness Program (KAAP).  To find Craig and the team and get some great information go to site 806 on 8th Avenue.

See you there!

What for? Hobart screening of 20 Years, 20 Stories. Hosted by the Tasmanian Anti-Discrimination Commissioner, Robin Banks, and the Australian Disability Discrimination Commissioner, Graeme Innes.

Where? Hobart, specific venue to be announced. Check the OADC facebook for updates.

What time? Early evening, specific time to be announced. Check the OADC facebook for updates

The Office of the Anti-Discrimination Commissioner joined with several other organisations on 21 March to mark the International Day for the Elimination of Racial Discrimination.

Those who joined in the event at the International Wall of Friendship were asked to sign a pledge to help end racism in Tasmania.

The event was an important opportunity for all present to reflect on how we can work together to eliminate racism and promote harmony in the community.

Participating organisations included Sport and Recreation Tasmania, the Migrant Resource Centre, the Multicultural Council of Tasmania, the Hobart Women’s Shelter, Soroptimist International of Hobart and the International Wall of Friendship.

Australian Test cricketer, Jackson Bird, led the way by signing the pledge and adding the pledge to a presentational cricket bat.  The event coincided with the release of posters depicting support by Australian Test Team Captain, Michael Clarke, to the National Campaign 'Racism. It Stops with Me'.

More pledges were made at the Harmony Day event in the Elizabeth Street Mall, thanks to everyone there also for their active involvement.

Ahmad is an overseas student from Malaysia studying at the University of Tasmania. He wishes to move to a flat and responds to an ad for a place and provides references to a real estate agent. He is told that he has great references and is invited to view the property. Upon arrival, he is told that the place has already been let. Ahmad notices that the place isadvertised in the paper the next day. He asks a former Australian homestay family member to apply for the place. They make an application and are successful.  Is this discrimination or in breach of the law?

• In this situation, Ahmad is taking action in connection with accommodation because he is applying for accommodation.
• It is pretty obvious that the reason the property hasn't been leased to him isn't because of his references.
• While Ahmad hasn't been directly told by the real estate agent that it is because he is Malaysian, because the Australian homestay family member were able to lease the property the next day, it suggests the property was still available and that race might have been a factor in Ahmad not being successful in his application.
• Ahmad can lodge a complaint with the Anti-Discrimination Commissioner alleging race discrimination in accommodation.

Anthony lives in a block of flats. Ben is in the flat next to him, and wakes Anthony up in the middle of the night by yelling abusive comments right next to his wall. Anthony decides to confront Ben.  He knocks on his door and Ben opens it and screams at him, 'you are a bible-bashing idiot', and 'get over it, God lover'.  Is this discrimination or otherwise in breach of the law?

• Ben's comments make reference to religious beliefs. Even if Anthony is not a Christian, Ben is implying that he is and making derogatory comments about these religious beliefs. 
• This is less favourable treatment of Anthony on the basis of religious belief and it is taking place in connection with Anthony's accommodation. As such, under the Anti-Discrimination Act 1998 (Tas) Anthony can lodge a complaint with the Anti-DIscrimination Commissioner alleging discrimination on the basis of religious belief or affiliation in accommodation.
• Because Ben screamed at Anthony, he may have been overheard by others.  The Anti-Discrimination Act 1998 (Tas) make it unlawful to engage in a public act that is capable of inciting hatred, serious contempt or severe ridicule on the basis of religious belief, affiliation or activity.  As such, Anthony can also lodge a complaint of incitement.

Marisa is a refugee who has arrived in Tasmania after living for a very long time in a refugee camp in Indonesia.  She is trying to find rental accommodation.  She applies to a real estate agent and is told that it is the policy of the real estate agency that every applicant has three references from former landlords. Could this be indirect discrimination?

• This could be indirect discrimination on the basis of race, because the real estate agency has a policy that applies to every applicant, but it disadvantages Marisa because she does not have rental references due to her previous living conditions.
• This may be unreasonable if Marisa is not given the chance to provide other information to support her application, such as personal references, and can show that she can meet the conditions of the tenancy.

Support for people with disability confirmed in law

On 21 March 2013, Federal Disability Discrimination Commissioner, Graeme Innes, of the Australian Human Rights Commission, congratulated the Australian Parliament for passing the law that will enable the establishment of a National Disability Insurance Scheme in Australia.

'This is a red-letter day for Australians with disability, many of whom currently are the poorest and most marginalised people in our community', Commissioner Innes said. 'I believe this is the most important reform in the disability sector in our life times.'

The law was passed with cross-party support and will go to the Governor-General for signature. 

The scheme, to be known as DisabilityCare Australia, will commence in four launch sites, in four states on 1 July this year.

'The current system of services for people with disability is broken and broke', Commissioner Innes said. 'This new scheme will cause transformative change in this area and in the lives of people with disability.'

Australian Human Rights Commission Media Release
21 March 2013

A complainant alleged age discrimination as a result  of not being approved for a redundancy and not being given an opportunity to apply for a redundancy.

He alleged that because he had worked with his employer for 30 years and was close to retirement age he was excluded from redundancy packages being offered, because the company did not want to make any payment to him.

The employer's representative endeavoured to assure the employee that his value to the company was recognised and that an aspect of the problem had been a series of errors by line managers who had failed to hand on explanatory materials to floor staff. Those materials explained the decisions being made and why. The complainant was assured that material would be provided to him, and that line managers would be spoken to. The employer's representative showed the complainant the materials that he should have been given and acknowledged that what had happened in a previous redunancy offer was wrong, and that he has endeavoured to correct those mistakes, hence the explanatory materials created for the most recent redundancy round.

He also indicated that there would be future restructuring and that the area in which the complainant worked had a large number of signifiers indicating it would be restructured.

The complaint was resolved with the agreement that the complainant will have an opportunity to apply for the next round of redundancies within the terms of the enterprise bargaining agreement and that the application process would be fair and that the employer will pay for a financial advisor to help the complainant prepare a financial plan.

.....

Sexual Orientation complaint
A complaint was made by a mother on behalf of her son, who had worked casually at a retail store.  The manager allegedly called her son ‘homosexual’ and ‘gay boy’.  Her son ended up retaliating and was told he could no longer work there.  The respondent denied making the comments.  The complaint was settled with the respondent agreeing to pay $200, arranging for a person to do a presentation to staff on discrimination and bullying and providing staff with a copy of a policy on discrimination and bullying.

Stop the Violence Project

A national research project is looking at ways to improve service delivery for women and girls with disability who experience or are at risk of violence. The Stop the Violence Project headed by Women With Disabilities Australia (WWDA) is undertaking research to build the evidence base to support future reform of the service system to better respond to the needs of women and girls with disabilities. The project is funded by the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) as part of the multi-layered approach to assisting women and girls with disabilities under the National Plan to Reduce Violence against Women and their Children.

The research seeks information from mainstream and specialist prevention and response policy making, representative and service provider organisations across domestic violence/sexual assault, disability services and other relevant service sectors including the criminal justice and victims support sectors in all states and territories, particularly in regards to their views and experience of policy and practice relevant to violence prevention and response for women and girls with disabilities.

For more information or to participate in the project, please visit http://www.stvp.org.au/survey.htm.  m 

 ..... 

   Commission President welcomes Queen’s Commitment to Human Rights

The Queen is set to sign a document that could become one of the most significant of her 61-year reign; a new charter calling for an end to discrimination.

The charter backed by all 54 Commonwealth states in December states signatories oppose 'all forms of discrimination'.

President of the Australian Human Rights Commission, Professor Gillian Triggs, has welcomed Her Majesty’s approval.

'This isn’t just a document with a signature on it. This is a significant moment in history. The Queen’s endorsement proves that she is embracing and inspiring equality and this is important for two billion people living in Commonwealth countries.'

Referred to as the ‘21st Century Commonwealth Magna Carta’, the new 16-point charter also aims to protect democracy, the rule of law, international security and free speech.

'This is clearly a progressive move for The Queen and the Commonwealth and we wish Her Majesty and our fellow Commonwealth states every success in its implementation', said Professor Triggs.

Australian Human Rights Media Release
11 March 2013

.....

Vision Australia launces Digital Access quarterly newsletter

As well as the newsletter Vision Australia have a new website and an assistive technology and accessibility blog as well as social media to share news, resources and advice in support of your digital accessibility agenda.

Future issues of the newsletter will share accessibility insights from leading industry sources.

To subscribe, e-mail digitalaccess@visionaustralia.org with the subject line: ‘Subscribe’.

.....

Australian Human Rights Commission website

The Australian Human Rights Commission has launched a new website to provide a more modern platform for the web audience with features including being mobile phone and tablet friendly and more geared to social media.
http://www.humanrights.gov.au/

.....

Human Rights standards for immigration detention

The Australian Human Rights Commission has published a set of human rights-based standards to guide the monitoring of immigration detention facilities by independent monitoring bodies.

Jointly funded by the Australian Human Rights Commission, the Commonwealth Ombudsman and the Federal Attorney-General’s Department, the standards have been developed in consultation with a range of key stakeholders including the Department of Immigration and Citizenship.

Find the standards here www.humanrights.gov.au/publications/human-rights-standards-immigration-detention

Workplace Support / Contact Officers

Hobart
Monday 6 May, 1.00 - 5.00 pm
&
Tuesday 7 May, 9.00 am - 1.30 pm

Launceston
Tuesday 14 May, 1.00 - 5.00 pm
&
Wednesday 15 May, 9.00 am - 1.30 pm

Devonport
Wednesday 22 May, 1.00 - 5.00 pm
&
Thursday 23 May, 9.00 am - 1.30 pm

$440.00 (pre GST)

Bullying - what it is, what it's not
and what to do about it

Hobart
Tuesday 21 May, 9.00 am-12.00 noon

$165.00 (pre GST)

  Workplace Support / Contact Officers
Networking Meeting   

Hobart
Tuesday 4 June, 9.00 am - 12.00 noon

Launceston
Wedneday 5 June, 1.00 - 4.00 pm

Devonport
Thursday 6 June, 9.00 am - 12.00 noon

FREE to existing Workplace Support / Contact Officers

Investigating Workplace Complaints

Hobart
Monday 17 June
&
Tuesday 18 June
9.00 am - 4.00 pm both days

$770.00 (pre GST)

for more detailed course information, price, registration forms or contact details, follow this link http://www.antidiscrimination.tas.gov.au/education__and__training

In response to the highly successful first run of the new Bullying course, Bullying - what it is, what it's not and to do about it, the OADC has decided to run another Hobart session in May.  Here are some of the comments received from the six sessions delivered in March;

• The session was a real eye-opener and a lot of useful information was shared
• The activity really made you delve into what may or may not be bullying and to look into what the issues really are
• The course very informative, presented in an excellent manner, kept people interested

We look forward to seeing you at the next Bullying course, Tuesday 21 May.

.....

On request we have also added our Investigating Workplace Complaints Course to theJune training calendar, this 2-day course will be run 17 & 18 June in Hobart

See above for registration details or contact Roz Smart roz.smart@justice.tas.gov.au for more information.

Continuing our series of Featured organisations, we interviewed Brooks High School about its anti-discrimination, harassment and bullying committment

Brooks High School

1. Please provide a short profile of your school

Brooks High School has an enrolment of 540 students with 105 teaching and non-teaching staff. Our vision is focused on 'Inspired Learners connected to Positive Futures'. The school culture that supports our vision is underpinned by our school-wide expectations.

• Learning
• Respect
• Responsibility

Brooks is a place of peace.  A consistent school-wide focus on Positive Behaviour Support and Restorative Practices promotes social and emotional wellbeing, effective work habits and optimistic attitudes towards learning. The result is a school culture that highly values learning, relationships and achievement across all curriculum areas. Our school population is diverse; we have a high Economic Needs Index; one of the highest for a secondary school in the State; we are the receiving school for refugee students in the north; many of our students have a trauma background.  This demographic brings with it significant complexities that we are constantly in response to.

2. Brooks High School undertook a commitment to deliver an educational session at whole school assembly for all students on anti-discrimination law, respecting others, treating others fairly in 2012. Why did Brooks High School decide to do this?

The focus of our school is on positive futures for every single student.  A critical part of a positive future is understanding the critical nature of being able to live a life of peace, within a framework of expectations and laws in our community.  It is essential that all our students hear this message from a range of sources, importantly, from Louise, who is able to give the much bigger context perspective that reflects exactly the messages our students hear at school.

3. What do you think are the key messages that Brooks High School students received from the educational session?

• Bullying and discrimination of any kind is not okay
• Laws are in place to support this
• Talk with someone if you are being bullied or discriminated against

4. What feedback have you received from students since the session?

Initially, there was considerable 'hype', however, as time has moved, Louise’s session has provided a key reference point for our work with young people – posters and resources are available to reinforce the messages.

5. Is this what you expected?

Yes

6. Are there any school changes that Brooks High School has made/will make as a result of the anti-discrimination session?

We continue to make absolutely explicit, that discrimination is not okay and our focus on 'Brooks is a place of peace' (School Strategic Plan 2013 - 2016) means this focus is lived and breathed every day at our place.

Staff and students are not afraid to raise issues for discussion and response/action because they know that we are sincere and relentless in our focus on this.

7. Student educational sessions are only one approach to raising awareness about anti-discrimination, how will Brooks High School continue to promote appropriate behaviour in school?

As per above; this is the way we live and be at our place.  We have multi-cultural events and celebrations, valuing of diversity artefacts, staff who have deepening understandings of legislation.

We would love another whole school session with Louise, as well, please! - It was so powerful .

Justice Action Network

'Everybody’s Welcome Here' Film Competition now open

Be part of the Justice Action Network’s initiative to promote anti-discrimination. Make a short film, up to 3 minutes in length, to submit for competition.

To be eligible, films need to include, in some way, the slogan, 'Everybody’s Welcome Here' and be in digital format. You could apply the anti-discrimination message to your school setting, Tasmania or Australia. Style could include anything from animation to black and white, silent or narrative. Content including music needs to be copyright-free.

There are three entry categories: Years 7 & 8; Years 9 & 10; Years 11 & 12. There will be a public screening of successful films in late August and will be presented at Justice Action Network colleges.

Entries close 26 July.

Details about the screening, judging, prizes and submission of works will be out shortly. Get busy!
http://www.afairerworld.org/_Take_action/jan.html

.....

www.1in4pollaustralia.com
Add Your Voice to the National Debate

People with a disability have the right to have their voice heard in the ongoing national debate that informs government policy. The 1 in 4 Poll aims to strengthen the voice of people with a disability.
The 1 in 4 Poll is a regular national survey that lets people with a disability express their views on a range of social issues. The first Poll focused on Social Inclusion, the current Poll explores negative attitudes towards disability, or people with a disability.
The responses of people who complete the Polls will be used to influence government policy and inform future practice and research. We are doing the Poll so that the views of people with disability will be heard directly and responded to.
The 1 in 4 Poll has ethics approval from Deakin University and Scope.

The survey is on-line. To complete the survey go to:
www.1in4pollaustralia.com

Further Information

If you have any queries about the project please feel free to contact Michelle Caldwell on 03 9244 6705 or e-mail michelle.caldwell@deakin.edu.au
Alternatively, you can access the website at: www.1in4pollaustralia.com

.....

The Tasmanian Suicide Prevention Community Network

Annual Suicide Prevention Forum
Friday May 17 2013 
The Baha’i Centre 
Hobart

Come along and hear from leaders in the field of suicide prevention, and participate in workshops. Applaud the fine work of LIFE Award recipients and be there at the launch of innovative suicide prevention projects. Registration forms and the program are available from the Relationships Australia Tasmania website http://www.tas.relationships.org.au or by phoning 6279 5000.

.....

Migrant Resource Centre

Cross Cultural Awareness Training (CCAT)
generic sessions

Friday, 31 May
9.30 am to 4.30 pm.

Cross Cultural Awareness Training aims to raise awareness and knowledge of the needs and experiences of people from diverse linguistic and cultural backgrounds and to develop the cross cultural skills of training participants.

Particuarly useful for staff from local businesses, community sector organisations, health and government agencies.

Register by e-mailing reception@mrchobart.org.au or phoning (03) 6221 0999

http://www.mrchobart.org.au/announcements/cross-cultural-awareness-training-ccat-session-friday-19-april

.....

2013 Fairer World Festival

Launceston
2 and 3 September

Hobart
5 and 6 September

A Fairer World is excited to announce that the 2013 Festival will be delivered in partnership with the Oaktree Foundation. Oaktree is Australia’s largest youth-run aid and development agency being operated entirely by volunteers under 26 years old.  Sponsors for the 2013 Festival include Australian Red Cross, UTAS, Hobart City Council, Nyrstar, TasCOSS, Bendigo Bank and Act for Peace. School registrations will be out in early April.

Contact a Fairer World to find out more about the Festival or go to  www.afairerworld.org/_Current_projects/festival.html

.....

WorkSafe Tasmania Awards - No idea is too small

Entry is now open.   Enter online at www.worksafe.tas.gov.au

Entry is open year round, however to be eligible for the 2013 Awards presentation entry will close on 28 June.

.....

NAIDOC week

The 2013 Local NAIDOC Events Calendar is now live on the National NAIDOC website: www.naidoc.org.au

.....

Do One Thing for Diversity and Inclusion on 21 May

The United Nations Alliance of Civilizations (UNAOC) in partnership with UNESCO (United Nations Educational, Scientific and Cultural Organisation) and a coalition of partners, has launched the global campaign Do One Thing for Diversity and Inclusion.

The campaign aims to engage people around the world to take concrete action to support cultural diversity and inclusion on 21 May 2013, the World Day for Cultural Diversity for Dialogue and Development.

Diversity Council Australia is proud to be a campaign partner, as they know that valuing cultural diversity has significant benefits for business. They encourage organisations to take positive action, as Katriina Tahka, DCA’s Cultural Diversity Director explains:
'A culturally diverse workforce adds to a business’ bottom line through improved performance, innovation and access to new markets. Understanding and nurturing this cultural diversity as well as stamping out racism are critical to harnessing the benefits.

'This year DCA will be doing a number of things for diversity and inclusion!  DCA is proud to be partnering with the Australian Human Rights Commission and the Victorian Health Promotion Foundation on the development of a workplace assessment tool to help organisations to self-diagnose potential barriers to cultural diversity and inclusion that may exist in the workplace. DCA is offering five organisations the chance to Do One Thing by participating in the pilot program for the workplace assessment tool. The tool forms part of the initiatives under the National Anti-Racism Strategy.'

Find out more about how you can Do One Thing through these projects and other ideas...

http://www.dca.org.au/News/News/Do-One-Thing-for-Diversity-and-Inclusion-on-21-May/347
https://www.facebook.com/DoOneThingforDiversityandInclusion

.....

IDAHO day breakfast
17 May

Show your support for IDAHO – International Day Against Homophobia & Transphobia and the LGBTI community.

Working It Out encourages workplaces and colleagues to get a table together to support this great event.

The winners of The Dorothies award will be announced and Dr Lynne Hillier will be the guest speaker.

RSVP to Sue at WIO on 6231 1200 or accounts@workingitout.org.au

.....

The Tasmanian Suicide Prevention Community Network
17 May

Suicide Prevention Forum

For more information and to register go to Relationships Australia Tasmania website http://www.tas.relationships.org.au or phone; (03) 6279 5000.

To see the latest e-bulletin from Play by the Rules please follow this link http://www.playbytherules.net.au/news-centre/ebulletins

28 April - 4 May
Privacy Awareness Week
http://www.privacyawarenessweek.org/

From 1 May
National Breastfeeding Week
https://www.facebook.com/nationalmotheringweek

9 May
Global Accessibility Awareness Day is a community-driven effort whose goal is to focus one day to raise the profile of digital (web, software, mobile app/device, touch screen kiosk, etc.) accessibility and people with different disabilities.
https://www.facebook.com/globalaccessibilityawarenessday

3 - 19 May
National Volunteering Week
http://www.volunteeringaustralia.org/News-and-Events/-National-Volunteer-Week.asp

17 May
International Day Against Homophobia
www.homophobiaday.org/

21 May
World day for Cultural Diversity for dialogue and development
http://www.timeanddate.com/holidays/un/world-day-cultural-diversity-dialogue

15 - 21 May
National Families Week
http://www.familiesaustralia.org.au/familiesweek/index.htm

26 May
National Sorry Day                                                       http://www.nsdc.org.au/

27 May – 3 June 2011
National Reconciliation Week
http://www.reconciliation.org.au/i-cms.isp