HUMAN RIGHTS COMMISSION
Annual Report
2007 – 2008
TRANSMITTAL CERTIFICATE
Mr Simon Corbell MLA
Attorney-General
Legislative Assembly for the ACT
CANBERRA ACT 2601
Dear Attorney-General
This Report has been prepared under section 6(1) of the Annual Reports (Government Agencies) Act 2004 and in accordance with the requirements referred to in the Chief Minister’s Annual Report Directions. It has been prepared in conformity with other legislation applicable to the preparation of the Annual Report by the Human Rights Commission.
We hereby certify that the attached Annual Report is an honest and accurate account and that all material information on the operations of the Human Rights Commission during the period 1 July 2007 to 30 June 2008 has been included and that it complies with the Chief Minister’s Annual Report Directions.
We also certify that fraud prevention has been managed in accordance with Public Sector Management Standard 2, Part 2.4.
Section 13 of the Annual Reports (Government Agencies) Act 2004 requires that you cause a copy of the Report to be laid before the Legislative Assembly within 3 months of the end of the financial year.
Yours sincerely
Linda Crebbin Children & Young People Commissioner
Disability & Community Services Commissioner
Mary Durkin Health Services Commissioner
Dr Helen Watchirs Human Rights & Discrimination Commissioner
18 September 2008
CONTENTS
Section A: Performance and Financial Management Reporting … … … 3
The Organisation … … … … … … … … 3
Role and functions … … … … … … … 3
Mission and values … … … … … … … 4
Structure of the Commission … … … … … … 4
Clients and stakeholders … … … … … … 5
Overview … … … … … … … … … 5
Strategic planning and direction setting … … … … 6
Organisational environment … … … … … … 6
Change … … … … … … … … 6
Regulatory activities … … … … … … … 7
Highlights … … … … … … … … … 7
Progress … … … … … … … … 8
Outlook - Priorities, Changes, Risks and Issues … … … … 9
Management Discussion and Analysis … … … … … 11
Financial Report … … … … … … … … 11
Statement of Performance … … … … … … … 12
Strategic Indicators … … … … … … … … 13
Analysis of Agency Performance … … … … … … 13
Health Services Commissioner … … … … … … 13
Complaints … … … … … … … … 13
Developing strong working relationships with key stakeholders … 16
Ensuring processes are responsive … … … … … 22
Systemic reviews - matters of interest … … … … 21
Community education and engagement … … … … 23
Human Rights and Discrimination Commissioner … … … … 23
Human rights and discrimination audits … … … … 23
Advices and submissions … … … … … … 26
Discrimination application exemption … … … … 26
Discrimination complaints handling … … … … … 27
Discrimination Tribunal referrals … … … … … 32
Developing strong working relationships with key stakeholders … 32
Ensuring processes are responsive … … … … … 33
Community education and education … … … … … 33
Disability and Community Services Commissioner … … … … 34
Complaints and enquiries – what was heard and lessons learned … 34
Referrals by the Public Advocate of the ACT … … … 36
Progressing the Commission’s key strategies … … … … 36
Community education and engagement … … … … 37
Outlook … … … … … … … … 38
Children and Young People Commissioner … … … … … 39
Complaints and enquiries – what was heard and lessons learned … 39
Referrals to and by the Public Advocate of the ACT … … … 40
Progressing the Commission’s key strategies … … … … 40
Community education and engagement … … … … 41
Outlook … … … … … … … … 44
Section B: Consultation and Scrutiny Reporting … … … … … 45
Community Engagement … … … … … … … 45
Internal and External Scrutiny … … … … … … 46
Legislative Assembly Committee and Reports … … … … 46
Legislation Report … … … … … … … … 46
Section C: Legislative and Policy Based Reporting … … … … 47
Risk Management and Internal Audit … … … … … 47
Fraud Prevention … … … … … … … … 47
Public Interest Disclosure … … … … … … … 47
Freedom of Information … … … … … … … 47
Internal Accountability … … … … … … … 47
HR Performance … … … … … … … … 48
Staffing Profile … … … … … … … … 48
Learning and Development … … … … … … … 49
Workplace Health and Safety … … … … … … 49
Workplace Relations … … … … … … … … 49
Strategic Bushfire Management Plan … … … … … 49
Strategic Asset Management … … … … … … 50
Capital Works … … … … … … … … 50
Government Contracting … … … … … … … 50
Community Grants, Assistance, Sponsorship … … … … 50
Territory Records … … … … … … … … 50
Human Rights Act 2004 … … … … … … … 51
Commissioner for the Environment … … … … … 51
ACT Multicultural Strategy 2006-2009 … … … … … 51
Aboriginal and Torres Strait Islander Reporting … … … … 52
Ecologically Sustainable Development … … … … … 53
ACT Women’s Plan 2004-2009 … … … … … … 53
Attachments … … … … … … … … … … 55
Attachment A: Discrimination Tribunal Summaries 2207-2008 … ... 55
Attachment B: Community Education and Engagement - Disability and
Community Services Commissioner … … … … 59
Attachment C: Advices and Comments - Disability and Community Services
and Children And Young People Commissioner … … 61
Attachment D: Community Education and Engagement - Children and
Young People Commissioner … … … … … 62
Compliance Index … … … … … … … … … 64
Alphabetical Index … … … … … … … … … 65
HUMAN RIGHTS COMMISSION
Annual Report
2007 – 2008
Section A – Performance and Financial Management Reporting
A.1 The Organisation
Role and functions
The Human Rights Commission (the Commission) is an independent agency established by the Human Rights Commission Act 2005 (the HRC Act).
The Commission provides statutory oversight of the following areas – human rights; discrimination; the provision of health services; the provision of services to children and young people and their carers, the provision of services to people with disabilities and their carers; and the provision of services to older people and their carers.
The Commission considers and seeks to resolve complaints in the areas of service provision outlined above and about discrimination. It also undertakes systemic reviews and inquiries; conducts audits; and provides advice and recommendations about legislation, policy, practices and services within the ACT. The Commission’s work also has a strong focus on community engagement with several functions requiring the Commission to work with the community generally, and with the providers and users of services specifically.
The primary functions are detailed in s 14 of the HRC Act. In summary they are to:
· receive and consider complaints about services made under the HRC Act and about discrimination made under the Discrimination Act 1991, and to assist in their resolution, by providing an independent, fair and accessible process for resolving complaints;
· encourage and assist users and providers of relevant services to contribute to the review and improvement of services and service quality;
· encourage and assist service providers to develop and improve procedures for dealing with complaints;
· promote community discussion, and provide community education and information about the HRC Act and related Acts, the operation of the Commission, and procedures for making complaints;
· identify, inquire into and review issues relating to matters that may be complained about, and report or provide advice to the Minister and other appropriate entities about each such inquiry and review;
· refer advocacy matters to the public advocate about individual children or young people for whom the chief executive under the Children and Young People Act 1999 has parental responsibility;
· advise the Minister about any matter in relation to the HRC Act or a related Act;
· collect information about the operation of the HRC Act and related Acts, and publish that information; and
· exercise any other function given to the Commission under the HRC Act or another territory law.
Additional functions specifically relating to discrimination are detailed in s 23(2) of the HRC Act. In summary, these are to promote:
· the right of people to be free from unlawful discrimination and sexual harassment; and
· recognition and acceptance within the community of the equality of men and women and of the principle of equality of opportunity for all people.
Section 27(2) of the HRC Act contains additional functions in relation to human rights. The Commission is to:
· provide education about human rights and the Human Rights Act 2004; and
· advise the Attorney-General on anything relevant to the operation of the Human Rights Act 2004.
The HRC Act requires the Commission to act in accordance with the human rights specified under the Human Rights Act 2004, when exercising a function.
The other territory laws that give the Commission functions are the Human Rights Act 2004, Discrimination Act 1991, Health Records (Privacy and Access) Act 1997 and the Health Professionals Act 2004.
Mission and values
The Commission’s vision is to work towards an ACT community in which rights are respected and promoted, responsibilities are understood and access to quality services is protected. The Commissioners and the staff of the Commission acknowledge and adopt the following core values in their work: fairness and independence; respect and dignity; accessibility and responsiveness; and learning and achievement.
Structure of the Commission
The HRC Act establishes positions for five members of the Commission: the Children and Young People Commissioner, the Disability and Community Services Commissioner, the Discrimination Commissioner, the Health Services Commissioner and the Human Rights Commissioner.
Three people are currently appointed to cover the work of the five positions. Dr Helen Watchirs is appointed to the two roles of Human Rights Commissioner and Discrimination Commissioner; Ms Mary Durkin is appointed as the Health Services Commissioner and Ms Linda Crebbin is appointed to the two roles of Children and Young People Commissioner and the Disability and Community Services Commissioner.
Each Commissioner has responsibility for discharging Commission functions in accordance with the titles of their positions. At this time the HRC Act does not outline specific functions for the Community Services Commissioner. The Health Services Commissioner also has responsibility for discharging functions in relation to services for older people.
Clients and stakeholders
Because the Commission has functions relating to the promotion and protection of rights generally, its work is relevant to all members of the ACT community. Specific people, groups and agencies affected by the Commission’s work are:
· the Attorney-General;
· users of health services, disability services, services for children and young people, and services for older people provided in the ACT;
· consumer and community groups, for example Aboriginal and Torres Strait Islander and multicultural organisations;
· bodies or groups who may make or receive discrimination complaints, for example employers and unions;
· public and private providers of health services, disability services, services for children and young people, and services for older people in the ACT;
· all people about whom health records are kept and all health record keepers in the ACT;
· health profession boards;
· professional bodies such as lawyer groups; and
· government and community bodies and agencies in the ACT with an interest in health services, disability services, services for children and young people, and services for older people.
Each Commissioner has established connections with people discharging similar functions in other jurisdictions: the Human Rights and Discrimination Commissioner is a member of the Australian Council of Human Rights Agencies, the Children and Young People Commissioner is a member of the Asia Pacific Association of Children’s Commissioners, and the Health Services Commissioner is a member of the Australasian Health Complaints Commissioners.
A.2 Overview
The Commission published its Strategic Plan 2008-2010 during the year, which emphasised our values of fairness and independence in our approach to our work; treating people with respect and dignity; being accessible and responsive in undertaking our work; and developing a culture of learning and achievement to ensure that we continually strive for improvement.
Commissioners focussed on ensuring that practices and procedures were, where appropriate, consistent across the Commission’s operations, and that staff were adequately trained for performing their roles under our legislative mandate. The Commission’s support structure was also reviewed to determine the best model for providing Commissioners with executive support and administrative support for the Commission’s operations.