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From the Anti-Discrimination Commissioner

Photo of Robin Banks, Anti-Discrimination Commissioner

This week is NAIDOC Week. NAIDOC stands for National Aborigines and Islanders Day Observance Committee. Its origins can be traced to the emergence of Aboriginal groups in the 1920s which sought to increase awareness in the wider community of the status and treatment of Aboriginal and Torres Strait Islander peoples.

Each year's NAIDOC Week has a theme.  The theme for 2014 is

Serving Country: Centenary & Beyond.

The NAIDOC website tells us that:

'This year’s NAIDOC theme honours all Aboriginal and Torres Strait Islander men and women who have fought in defence of country.

'From our warriors in the Frontier Wars to our warriors who have served with honour and pride in Australia’s military conflicts and engagements across the globe.

'We proudly highlight and recognise the role they have played in shaping our identity and pause to reflect on their sacrifice. We celebrate and honour their priceless contribution to our nation.'

Staff of my office were very pleased to be able to attend the flag raising ceremony at Risdon Cove on Monday 7 July.  It was an opportunity to share in reflection on that contribution to Australia and to celebrate the strength of Aboriginal culture and community in Tasmania.

 

Robin Banks
Anti-Discrimination Commissioner

For more about NAIDOC: http://www.naidoc.org.au/

From the OADC

Group photo; Alderman Stuart Slade, Heather Haselgrove, Robin Banks,  Dr Tim Soutphommasane, Ian Cartledge, Andrew Lovell, Roger Burdon, Robin Jones, Alderman Damon Thomas,

Signing up to the National ‘Racism. It stops with me’ Campaign

Federal Race Discrimination Commissioner Dr Tim Soutphommasane joined Anti-Discrimination Commissioner Robin Banks to support and endorse the signing of the 'Racism. It stops with me' pledge by City of Hobart, Metro Tasmania, Glenorchy City Council, Yellow Cabs Tasmania, Taxis 131008 Hobart and Taxis Combined.

Keep a look out for the buses, taxis and council vehicles in your area.

Photo (L to R): Glenorchy City Council Mayor Alderman Stuart Slade, Metro CEO Heather Haselgrove, Anti-Discrimination Commissioner Robin Banks,  Race Discrimination Commissioner Dr Tim Soutphommasane, 131008 Hobart's Ian Cartledge on behalf of Manager Andrew Lovell, Yellow Cabs Tasmania Manager Roger Burdon, Taxi Combined Services Hobart Manager Robin Jones, City of Hobart Lord Mayor Alderman Damon Thomas (Photo courtesy of Hobart City Council)

If your organisation would like to sign up to the campaign contact the OADC or go to http://itstopswithme.humanrights.gov.au/

The OADC out and about

Photo of the Anti-Discrimination stall at Salamanca Market

On Saturday 7 June, Louise Adams (Training, Education and Development Officer) and Commissioner Robin Banks had a great day at Salamanca Market chatting to shoppers about discrimination and encouraging them to take the ‘Racism. It stops with me’ pledge.

FAQs - Discrimination due to association with a person who has or is believed to have an attribute

Mary's sister has recently been in the newspapers as part of a criminal investigation for theft and fraud and now Mary's boss has said that she doesn't want Mary to manage the office credit card any longer.  Could this be discriminatory?

  • It depends on why Mary's duties have changed.  If Mary has been asked not to manage the credit card because of the investigation involving her sister that could be discrimination based on association with a person who has or is believed to have an attribute (the attribute being 'irrelevant criminal record').
  • If Mary made a discrimination complaint her employer would need to show it had a non-discriminatory reason for changing her work responsibilities.

Toby is harassed and bullied at school because there are rumours that his mother is HIV positive. The school did not take any action to stop the bullying and Toby eventually leaves.  Could this be unlawful?

  • If Toby has been bullied because of his mother's disability (real or imputed) he could make a complaint that he has been subjected to conduct that was offensive, humiliating, intimidating, ridiculing or insulting on the basis of his association with a person with an attribute (under section 17 of the Act).
  • Toby could also make a complaint of discrimination based on association with a person who has or is believed to have an attribute, being disability (real or imputed)
  • The school would have to show that the reason for not taking action to stop the bullying was not because of Toby having a mother with disability (or imputed disability).

Raj is quite a social person. He has a number of friends, including several who are transgender.  Raj is out one night with his friends and is refused entry to a nightclub. The bouncer on the door tells him, 'we don't want your kind in here'.  Does the club have the right to do this?

  • The security person's comment may mean that he has made an assumption that Raj is also transgender.  If this is the case Raj could make a complaint of discrimination because of gender identity as a person having OR being imputed to have an attribute covered by the Act.
  • Raj could also make a complaint of discrimination based on association with a person who has or is believed to have an attribute. 
  • The nightclub would have to show that it had a valid, non-discriminatory reason for refusing entry and that Raj was not refused entry because he has friend who are transgender.

Complaint Outcomes

Disability Discrimination

A complainant alleged disability discrimination on the basis that building work was being done at a shopping centre and, as a result, the accessible toilets were not available and no alternative was provided. This meant the complainant had to cross a major road to get to an accessible toilet and, in doing so, he damaged his wheelchair.  The complaint was settled by agreement between the partie, with assistance from the OADC.  Without admissions of liability, the respondent agreed to pay the cost of replacing the complainant’s wheelchair and an additional $1,500 in compensation. 

Disability and Age Discrimination

A complainant alleged disability and age discrimination.  The club she belonged to provided club information by e-mail to members.  The complainant did not have e-mail access because, in part, of a medical condition that meant reading screen-based text caused her to feel ill.  It was also noted that there is evidence that older people have a lower level of comfort relying on electronic communications.  The complaint was resolved through a process facilitated by the OADC shortly after the complaint was accepted.  The respondent agreed to provide club information by post to the complainant and to provide information by post to any other members who indicated they want to get information this way.

July and August Training Calendar

What is Sexual Harassment?

Hobart
Monday 14 July, 10:00 - 11:30 am

Launceston
Thursday 24 July, 10:00 - 11:30 am

$80.00 (pre GST)

*****

Addressing and Preventing Workplace Bullying for Managers and Supervisors

Launceston
Wednesday 20 August, 1:00 - 5:00 pm

Hobart
Monday 25 August, 9:00am - 1:00 pm

$220.00 (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

WorkSafe Tasmania Month 2014

Collage of WorkSafe Tasmania and OADC logos

29 September - 31 October 2014

WorkSafe Tasmania Month is approaching and will be bigger than ever.  The OADC will again be involved with and delivering free training and information sessions around Tasmania.

This year, the OADC contribution will be courses on: Discrimination-free Recruitment; Workplace Behaviour; and Discrimination Policy Writing.  Stay tuned for more information as well as a great program of other free training opportunities.

http://worksafe.tas.gov.au/events/worksafe_month

Human Rights Week 2014 - Award nominations

Human rights week Tasmania with three 'petals' forming a circle

Nomination forms will be available in the next month or so and their availability will be promoted in the August issue of In respect of rights.

Local News

Community Achievement Awards for Tasmania logo

Community Achievement Awards for Tasmania

The Community Achievement Awards for Tasmania are about recognising individuals, organisations and groups who are making a difference in our local communities and State. There can never be enough encouragement and support for those working towards making their State a better place. Awards such as these create an opportunity to say thank you to those who work tirelessly to develop and improve in their chosen field of endeavour.

For more information go to: http://www.awardsaustralia.com/community-achievement-awards/tas

Great work by Hobart City Council

The City of Hobart website now includes:

National News

Disability Discrimination Commissioner Graeme Innes AM has held this post since 2005 and his term ends this month. Age Discrimination Commissioner, The Hon Susan Ryan AO, has been appointed acting Disability Discrimination Commissioner.

Read Graeme's final speech as Disability Discrimination Commissioner here; http://www.humanrights.gov.au/news/speeches/national-press-club-address

New Mental Health Resource

The newly launched Heads Up website provides a range of valuable information to help businesses to improve mental health in the workplace.

The website, an initiative of beyondblue and the Mentally Healthy Workplace Alliance, outlines the steps that businesses can take to reduce costs by improving mental health, and provides a range of practical resources for businesses of all sizes. An interactive guide allows businesses to create a free, tailor-made mental health plan.

http://www.headsup.org.au/

Play by the Rules

Play by the Rules logo: two blue sneakers behind the text 'Play by the Rules: making sport inclusive, safe and fair.'

Play by the Rules has an online, interactive bi-monthly magazine.  To catch up with the latest news and to subscribe, go to http://pbtr.com.au/.

Awareness Days in July

Collage of logos of awareness days in July.  NAIDOC Logo showing sylised person with arms raised against a dot-art painting; Stress Down Day logo showing cartoon figures and text 'laugh lots to stress less, raise funds and laugh for lifeline'.

NAIDOC Week 2014

6-13 July

The theme for NAIDOC Week 2014 is Serving Country: Centenary & Beyond. 
http://www.naidoc.org.au/

Lifeline's Stress Down Day

26 July 2013
http://www.stressdown.org.au/