Good legislation, that has some teeth, and is comprehensive

An interview with Helen Twohill -
first Commissioner of the Queensland Anti-Discrimination Commission

On 9th December 1991 the Queensland Anti-Discrimination Act 1991 received assent and set in place a unique Commonwealth / State arrangement for the establishment of a joint Human Rights and Equal Opportunity Commission / Queensland Anti-Discrimination Commission in this state.

The main provisions of the Act came into force on 30th June 1992 except for complaints in the superannuation and insurance areas which were given a longer lead in time and commenced on 9 December 1992.

Until this time Queenslanders had access to federal legislation only - the Racial Discrimination Act 1975, the Sex Discrimination Act 1984 and the Human Rights and Equal Opportunity Commission Act 1986.

The Sex Discrimination Act 1984 did not cover state public servants in the course of their employment. Under the Human Rights and Equal Opportunity Commission Act 1986 complaints in the area of employment and occupation because of a range of grounds could be accepted, and conciliated, but the Commission could not order an employer to treat the complainant fairly or to pay compensation. The Disability Discrimination Act 1992 was assented to after the Queensland legislation on 5 November 1992.

It was becoming clear that Queensland needed its own legislation which was comprehensive in its coverage, and enforceable.

The introduction of specific, state-based anti-discrimination legislation was an important plank in the electoral platform of the Australian Labor Party which won power after 32 years, in the election on 2 December 1989. The Anti-Discrimination Act 1991 was part of a suite of amendments made to the laws in Queensland after the election of the Labor government which had a long list of reforms that they wished to advance.

Helen Twohill was appointed to the position of Regional Director (Queensland) with the Human Rights and Equal Opportunity Commission in May 1990. By this time, lobbying from various interest groups had been well under way for many years for the introduction of state legislation, and extensive consultations had been organised by the government. The Attorney-General, Dean Wells, in his second reading speech spoke of consultations with "peak industry, community, religious and other interest groups" as well as interdepartmental committees within government.

Of these times, Ms Twohill said "People had been experiencing discrimination in a wide range of areas for a lengthy period, and they wanted to ensure that the new legislation in Queensland was good legislation, that it had some teeth and that it was as comprehensive as possible."

Enforceability of decisions was recognised as a major issue for the new legislation. Ms Twohill recalled a federal case from her time at the Commission. Complaints were made to the Commission about refusal of service at a hotel because of race in a large town in far north Queensland. The Commission called a conciliation conference, reached a settlement between the parties, and that evening the same people were refused service, in the same establishment or another establishment in that town. There was growing recognition that respondents openly flouted the fact that there was a problem about enforceability.

When the Act received assent in December 1991, Ms Twohill became the State Manager Human Rights and Equal Opportunity Commission as well as Acting Commissioner, Queensland Anti-Discrimination Commission and was thus the first Commissioner. She continued in this position until June 1993.

Ms Twohill recalled the early days of the Commission as "very exciting days", which were "incredibly busy" and she paid tribute to the team of staff. She said "I've worked with a lot of talented people, but the particular team here at the time was exceptional."

Much time was taken up with a comprehensive education campaign throughout the state involving general public as well as employer sessions in relation to their rights and responsibilities under the Act. A range of promotional materials including posters, rights cards and information sheets was developed. Radio "spots" and "promos" were taped and sent to regional radio stations ahead of visits, and a whole series of innovative community education functions was undertaken on a very small budget. There was the feeling that this was a special opportunity to get in place a unique piece of legislation, to inform the public, and have the operational procedures in place so that people could have their matters dealt with.

In the first year of operation, the Commission received nearly 5000 enquiries about the legislation, and 410 complaints were accepted. Also during Ms Twohill’s period as Commissioner, regional offices were opened in Rockhampton and Cairns.

In reflecting on her time as Commissioner, and the introduction of Anti-Discrimination Act 1991 , Ms Twohill said :

"I wanted to ensure that human rights laws…meant something practical to people throughout Queensland, that it could actually change their lives, that if they were discriminated against they had an appropriate redress. Often people think of human rights laws as something linked to Geneva. I wanted to make them practical. I wanted to make them accessible and I think that we did that in Queensland."

Ms Twohill now runs her own management consulting business, providing organisational advice on a range of matters including discrimination. She is presently working with the Queensland University of Technology developing their disability action plan.

"The principles of dignity and equality for everyone are the foundations of this Bill".
Hon Dean Wells, Second Reading Speech on the Anti-Discrimination Bill, 26 November 1991. Parliamentary Debates (Hansard) Legislative Assembly (Queensland) 1991 vol 9, p.3196.

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