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The complainant is employed to undertake packing duties with the respondent retail food company. The complainant alleged she was sexually harassed by her manager. She claimed the manager’s behaviour included sending her inappropriate text messages, sending her a pornographic video and making comments of a sexual nature.

The Commission provides advice and recommendations to the Australian Government on an ongoing basis. Our aim is to ensure that a human rights perspective informs a broad range of policy issues, especially in priority areas like social inclusion.

The Commission assesses compliance with human rights principles by examining and reporting on issues of race, age, sex and disability discrimination and human rights. In doing so, we play a significant role in the monitoring of legislation and policy in Australia.

Our complaints process provides a way in which individuals and groups can voice and resolve disputes about discrimination and human rights. Our complaint work is also central to our role in protecting and promoting human rights and complements our policy and education work. The number and type of complaints we receive often highlight systemic discrimination problems. We use this information to…

*Complaints in this category were not conciliable and therefore transferred from the Commission’s Complaint Handling Section to the Legal Section for further inquiry and possible reporting.

Select tender: A procurement procedure in which the procuring agency selects which potential suppliers are invited to submit tenders. This procurement process may only be used under certain defined circumstances.

Glossary A ADA Age Discrimination Act 2004 AHRCA ºÚÁÏÇ鱨վ Act 1986 APF Asia Pacific Forum of National Human Rights Institutions – A member-based organisation that supports the establishment and strengthening of independent human rights institutions in the Asia-Pacific region. APS Australian Public Service ASTRA Australian Subscription Television Association ASX…

I have pleasure in presenting the Annual Report of the ºÚÁÏÇ鱨վ for the period ending 30 June 2009, 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.

The objective of the Commission’s new strategic plan is to build on the Commission’s strengths so that it is in a better position to help build an Australian culture where human rights are understood, respected and enjoyed by ‘everyone, everywhere, everyday’.

One of the Commission’s central functions is to undertake education programs that increase public awareness and generate discussion of human rights and anti-discrimination issues within Australia.

The Commission plays a significant role in monitoring legislation and policy in Australia to assess compliance with human rights principles. This monitoring role includes:

Federal human rights and anti-discrimination law provides for the Commission to investigate and resolve complaints of alleged discrimination and breaches of human rights. The Commission’s complaint work is central to its role in protecting and promoting human rights and complements the Commission’s policy and education functions. The Commission’s complaint process provides an…

The Commission has a function of intervening, with the leave of the Court, in proceedings that involve issues of human rights, equal opportunity in employment and age, race, sex, marital status, pregnancy and disability discrimination.

The Commission’s policy work on issues of human rights and disability has involved sustained focus, and engagement with government, disability community experts and representatives, and industry bodies over many years, and particularly since the passage of the Disability Discrimination Act in 1992.

2008-09 has been a year of positive developments in the human rights area. While many human rights challenges lie ahead, as Human Rights Commissioner, I have been excited by the progress that Australia has made in human rights, both domestically and internationally during the year.

The prohibition on discrimination in employment is a relatively recent, but now well-established, feature of the Australian legal environment. Laws prohibiting discrimination in the workplace in Australia date back to 1966 when South Australia introduced the Prohibition of Discrimination Act 1966 (SA), to prohibit discrimination on the grounds of race in aspects of employment and in the provision…

This article considers how human rights principles can influence the conduct of coronial inquests. In particular, human rights principles may influence the scope of an inquest and the manner in which a coroner exercises their discretion to comment and/or make recommendations about matters related to a death.

A recent decision of the full Federal Court in Bropho v State of Western Australia[1] has created the opportunity to reconsider the operation of s 10 of the Racial Discrimination Act 1975 (Cth). Section 10(1) of the RDA is unique in discrimination law around the country. It is concerned with the operation and effect of laws rather than with making the actions of individuals unlawful.

back to index of LSJ articles The standard of proof in discrimination claims: the Full Court lightens the load, a little. Brook Hely Download in PDF [986KB] Download in Word [51KB] We all know that prejudices are prevalent within our society. We also know that such prejudices often translate into discrimination. And yet, proving discrimination is notoriously difficult. [1] Part of that…

An earlier version of this article was published in the NSW Law Society Journal in March 2008. The article has now been updated to include the decision of the Full Federal Court.