Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Australia (Ratification: 1973)

1.  The Committee notes that the National Advisory Committee was established by the Attorney-General under the Human Rights and Equal Opportunity Commission Act 1986. The functions of the National Advisory Committee include assisting in the development of a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, as required by Article 2 of the Convention. The Committee notes that most recently, under Human Rights Legislation Amendment Bill No. 2, it has been proposed that the National Advisory Committee be abolished. Please indicate whether the National Advisory Committee has been abolished and, if so, if there is a mechanism to replace it or carry out its functions.

2.  The Committee further notes that the Human Rights Legislation Amendment Bill 1999, aims, inter alia, at embodying a legislative response to the High Court’s decision in Brandy v. Human Rights and Equal Opportunity Commission, which found that the Commission did not have the constitutional power to final determination of disputes. The Bill would centralize complaint investigation and conciliation in the Office of the President, and would transfer the hearing of unsuccessful conciliated complaints to the Federal Court for a binding and enforceable decision. The Committee recalls that in its previous comments it requested copies of the finalized code of practice; information on its dissemination and impact; and copies of the text of the Human Rights Amendment Bill, once adopted.

3.  The Committee notes that the third State of the Nation report (1995) found that in the 20 years since the passage of the Racial Discrimination Act, progress in the area of employment for Australians from a non-English speaking background was slow or non-existent (noted in the Government’s report to the United Nations Committee on the Elimination of Racial Discrimination (CERD) CERD/C/335/Add.2). The Committee notes South Australia’s adoption of the Racial Vilification Act 1996 and recalls that it noted in its 1997 direct request the Commonwealth’s adoption of the Racial Hatred Act 1995. The Committee notes that the 1996 Special Survey of equality in employment and occupation (see paragraph 168) mentions that the Australian Law Reform Commission identified the existence of racial vilification in Australia in its "Multiculturalism and the Law" report. The Committee asks the Government to provide information on efforts undertaken by other states and territories to adopt similar legislation and requests the Government to provide information on the number of cases presented to the courts alleging racial discrimination in employment and occupation or racial vilification in the workplace.

4.  The Committee notes that the National Aboriginal and Torres Strait Islander Education Policy (AEP), which came into effect 1 January 1990, sets out 21 long-term goals with the objective of achieving educational equity for indigenous Australians by the year 2000. In particular, the AEP establishes as the standard for indigenous Australians the level of educational access, participation, and outcomes achieved by non-indigenous Australians. The Committee requests that the Government provide information, and statistics and reports if available, on the progress of the AEP in achieving these goals, particularly that of achieving the level of educational access, participation and outcomes enjoyed by non-indigenous Australians.

5.  The Committee notes that no statutory right to an interpreter in federal tribunals exists in Australia. The Committee expresses its concern over how this situation may affect complaints made by Aboriginal and Torres Strait Islander people and people from a non-English-speaking background under the Racial Discrimination Act and the Workplace Relations Act. The Committee asks the Government to provide information in this regard and to consider creating a statutory right to an interpreter in these tribunals.

6.  The Committee notes that the Sexuality Discrimination Bill was introduced into the Senate on 29 November 1995. If enacted, it would afford protection against discrimination on the basis of sexuality and transgender identity in a number of areas governed by Commonwealth law, including Commonwealth employment. Please indicate whether this legislation has been adopted, and provide copies of the final text.

7.  Western Australia.  The Committee notes that the report indicated an environment characterized by a growing number of complaints concerning discrimination on the basis of race. The Committee notes with interest that various publications on racial discrimination in the workplace were distributed throughout Western Australia. The Committee requests the Government to indicate whether the rise in complaints indicates a higher incidence of racial discrimination or better knowledge of the procedures; and to provide information on what, if any, impact these publications and other measures may have had on the number of complaints concerning discrimination on the basis of race.

8.  New South Wales.  The Committee notes that the New South Wales government has promised to amend the Anti-Discrimination Act to prohibit discrimination on the ground of family responsibilities and has committed to amend legislation to provide long-term casual employees with access to unpaid maternity leave. The Committee requests the Government to provide information on the adoption and implementation of this legislation when it becomes available and to provide copies of the relevant legislation, if available.

9.  Northern Territory.  The Committee notes with interest the development of staff development programmes aimed at improving equality of employment opportunity for women and Aboriginal people in the Northern Territory public sector to address the disproportionate lack of women and Aboriginal employees in supervisory and more senior levels in the public sector. The Committee requests that the Government provide information and statistics concerning the practical effects of these programmes in improving the representation of women and Aboriginal employees in higher levels of the Northern Territory public sector.

10.  South Australia.  The Committee notes with interest the proclamation of the Racial Vilification Act 1996 on 6 July 1998 and the Equal Opportunity (Sexual Harassment) Amendment Act 1997, which came into force on 20 April 1998. The Committee also notes the implementation of the South Australian Government Wages Parity Enterprise Agreement 1999 and requests that the Government provide information in its next and future reports on the progress of achieving equitable wages in employment.

11.  Tasmania.  Recalling that, for some years, the Government’s report contained no information on the legislation and practice in Tasmania, the Committee notes the information contained in the report on the law and practice in Tasmania and requests the Government to continue providing such information in future reports.