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Media release — 9 October 2007PRISONERS’ RIGHTS TO MAKE DISCRIMINATION COMPLAINTSActing Queensland Anti-Discrimination Commissioner Neroli Holmes, commented on the Queensland Government|s proposed new legislation dealing with prisoner discrimination claims, saying: 'What is important is that any changes to discrimination laws ensure that prisoners ultimately maintain their rights to make complaints under the Anti Discrimination Act 1991 (the ADA) about alleged discrimination.’ 'There is no problem with having another complaint process prior to a prisoner making a complaint under the ADA, providing that the process is fair, transparent and timely,' Ms Holmes said. 'However, if that complaint process doesn’t resolve a prisoner’s complaint of alleged discrimination, they should still have the right to make a complaint to the independent bodies established under the ADA - the Anti-Discrimination Commission and the Anti-Discrimination Tribunal. Every individual in Queensland has human rights that are protected by the ADA, and that includes prisoners.' In the past three years, prisoner complaints coming under the jurisdiction of the ADA have comprised less than 3% of complaints dealt with by the Commission. All complaints dealt with by the Commission must first go to conciliation to try to be resolved. Only if a complaint fails to be resolved by this process will it proceed to a public hearing before the Anti-Discrimination Tribunal. On average, less than 20% of cases proceed to the Tribunal each year, and 80% of cases are finalised in the Commission. 'Not all complaints made by prisoners to the Commission are covered by the ADA, and some of the complaints referred to in the media were in fact rejected. The privacy provisions of the ADA prohibit me from discussing any of those cases publicly’. Ms Holmes said. For further comment contact Ms Neroli Holmes
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