ADCQ Annual Report 2007–08

Commissioner’s report

This year, new challenges have been met and the high standards set in recent years, maintained.

The Commission has adopted a 'continuous improvement' approach to complaint management based on rigorous assessment of complaints. High settlement rates achieved in the previous year have been sustained, with 60% of accepted complaints being settled in the Commission.

Feedback from advocates for both respondents and complainants indicates very high levels of satisfaction with the complaint process.

This year, training demands were different from previous years. Greater demand for inhouse training, rather than on-site training, and significant uptake on the Commission's training CD-ROM Fairness - Everyone's Business has provided a guide to our future work. We will provide more in-house sessions, particularly to the community sector where there continues to be significant unmet demand, and the CDROM will be improved and updated to ensure it remains a relevant resource for employers.

Nationally, the election of a new federal government has brought significant change to the human rights and anti-discrimination environment. The first important event was the Stolen Generations apology; a momentous and emotional journey for many Aboriginal and Torres Strait Islander Queenslanders and the wider community. Signing and ratification of the Convention on the Rights of Persons with Disabilities has great potential to improve the rights of all Australians by improving the human rights of people with disabilities.

From a practical point of view, the new Australian Government is indicating a strong interest in legislative review. Two important processes have begun this year. The first is the possibility of harmonisation of state and federal anti-discrimination laws. The Commission has been active in discussions and will support harmonisation where the legislative basis for any new laws does not diminish rights for Queenslanders and further, that strong service delivery in regional Queensland is maintained.

As well, this year a significant review of the federal Sex Discrimination Act 1984 looks beyond the current Act to what needs to be done in the 21st century to address gender discrimination and sexual harassment.

The likely outcome is that the state discrimination laws will change. It is too early to predict the extent and timing of those changes. The Commission will participate fully in these processes and will assess whether there is a need for a significant legislative review of the Queensland legislation.

During this reporting period there have been two legislative challenges to the primacy of human rights in Queensland. Both have sought to override the Anti-Discrimination Act 1991.

The first concerns the federal and Queensland legislation that establishes the Family Responsibilities Commission. These Acts of the Commonwealth and Queensland Parliaments seek to implement welfare reforms in certain communities in Queensland. (It is possible to deliver these services in ways that are allowable under current laws, if the wishes and aspirations of the relevant Indigenous communities are respected.) I have made representations about reinstatement of the Anti-Discrimination Act 1991 and sought ongoing discussions to provide me with some confidence that the Commission's views are being taken into account.

Proposed amendments of the Corrective Services Act 2006 are presently before the Queensland parliament. Without consultation with the Commission, the Bill would allow prisoners to be the subject of discrimination in certain circumstances. Managing prisoners is a challenge, and the Commission, as experts in human rights in Queensland, has sought appropriate consultation. In my view,appropriate consultation would preserve human rights while assisting fair and nondiscriminatory management of complaints by prison authorities.

In the Brisbane office we are preparing to move into new premises in 53 Albert Street. Co-locating with other similar agencies, the Commission for Children and Young People and Child Guardian, the Ombudsman (Commonwealth and State) and Health Quality and Complaints Commission, sharing facilities and reception will provide the public with a better service and significant cost savings.

In 2008 the Queensland Government announced its intention to create a new civil and administrative tribunal (QCAT) by the end of 2009. It has been determined that the Anti-Discrimination Tribunal will be included in the new tribunal in a human rights division.

I have also assumed the role of chairing the Australian Council of Human Rights Agencies (ACHRA), the peak body for state, territory and national human rights commissions. I take this opportunity to acknowledge the contribution of Ms Linda Matthews, South Australia's Commissioner for Equal Opportunity, (and former ACHRA chair) for her tireless efforts and support for human rights in Australia.

Finally, this report can only capture a small part of the enthusiasm and dedication to human rights of the staff of the Commission. This year we have also formed a climate change group in ADCQ. This group has provided leadership to ensure our office and our new premises work not just for us but for our environment too. I would like to acknowledge the work of all staff and their contribution to the many achievements outlined in this report.

Susan Booth
Commissioner

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