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Aboriginal and Torres Strait Islander Social Justice
27 November 2015PublicationSocial Justice and Native Title Report 2015
Executive Summary I am delighted to present my sixth Social Justice and Native Title Report 2015 as Aboriginal and Torres Strait Islander Social Justice Commissioner. I am required to report every year to Parliament on the exercise and enjoyment of the human rights of Aboriginal and Torres Strait Islander peoples. This also includes reporting on the operation of the Native Title Act 1993 … -
Commission - General
12 November 2015PublicationAnnual Report 2014-2015
Annual Report of the ºÚÁÏÇ鱨վ for the period ending 30 June 2015. The report has been prepared pursuant to section 45 of the ºÚÁÏÇ鱨վ Act 1986 and in accordance with the requirements of section 70 of the Public Service Act 1999. -
Rights and Freedoms
6 November 2015Opinion pieceFinding a balance for freedom of religion
Those of different beliefs need to be active in reshaping the conversation about religious freedom if it is to be preserved in law. Yesterday, the ºÚÁÏÇ鱨վ hosted the first of many religious freedom round tables. These round tables have resulted from a year-long consultation identifying that there are tensions surrounding the way religion is treated in culture and… -
Race Discrimination
5 November 2015PublicationFreedom from Discrimination: Report on the 40th anniversary of the Racial Discrimination Act
This report documents the activities conducted to mark the 40th anniversary of the Racial Discrimination Act 1975 (Cth). It is primarily based on a series of public consultations led by the Race Discrimination Commissioner, though it also draws upon some of the research presented at a conference held in February 2015. -
Human Resources27 October 2015Book page
3. Practical guidance on designing and implementing ‘special measure’ recruitment strategies
This section sets out practical steps an employer can take to make it clear that a targeted recruitment program for Aboriginal and Torres Strait Islander people is a special measure. Taking these steps will minimise the risk of complaints that such measures are discriminatory, and provide a strong basis to dispute such a claim in the unlikely event a complaint is made. 3.1 Record in writing… -
27 October 2015Book page
4. New South Wales - Applying for an exemption for a targeted recruitment strategy
New South Wales is the only jurisdiction that does not have a clear special measures provision in its discrimination legislation. Therefore an employer wanting to conduct a targeted recruitment strategy for Aboriginal and Torres Strait Islander people in NSW must apply for an exemption from the Anti-Discrimination Act 1977 (NSW) (the NSW Act). The only exception to this is if being of a… -
27 October 2015Book page
5. Applying for exemptions for targeted recruitment other than in New South Wales
As outlined in this guideline, in all jurisdictions except NSW, the granting of an exemption is not a legal prerequisite for conducting a targeted recruitment strategy, as long as the recruitment program meets the requirements of a special measure. This is because the purpose of an exemption is to exclude the application of a particular law to certain conduct which would otherwise breach… -
27 October 2015Book page
2. Requirements for targeted recruitment strategies for Aboriginal and Torres Strait Islander people to qualify as special measures (except in New South Wales)
The purpose of this section is to provide a nationally consistent set of requirements for a ‘special measure’ targeted recruitment strategy for Aboriginal and Torres Strait Islander peoples. The core elements of a special measure are essentially the same under all federal, state and territory discrimination laws. However, the wording of the criteria in the legislation of each jurisdiction…