Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Australia (Ratification: 1973)

The Committee notes the Government’s report and the many documents attached.

1. As regards the National Advisory Committee on Discrimination in Employment and Occupation (NACDEO) which was created to report to the Attorney-General on Australia’s compliance with the present Convention and to advise the Commission, the Committee notes with regret that the Human Rights Legislation Amendment Bill (No. 2) 1999, which is currently awaiting debate by the Senate, would repeal section 17 of the HREOA which provides for the establishment of advisory committees. Noting the Government’s statement that with submitting a draft national policy on equality of opportunity and treatment in employment and occupation to the Attorney-General NACDEO has completed its work, the Committee hopes the national policy will be adopted soon and asks the Government to keep it informed in this respect. As the Committee understands that the functions of NACDEO would be performed by the Human Rights and Equal Opportunity Commission, the Government is asked to provide information on its activities to promote the observance of the Convention.

2. The Committee notes the information contained in the Government’s report on measures taken to assist employees to balance their work and family responsibilities and to counter employment discrimination on the basis of pregnancy. In respect to the latter issue, the Committee notes with interest the Pregnancy Guidelines issued by the Human Rights and Equal Opportunities Commission, containing information to assist employers complying with their obligations as well as improving productivity and efficiency. The Government is asked to continue to provide information on measures taken to ensure gender equality, such as the Return to Work Programme and the Community Support Programme, and their impact on equal access of women to training, employment, and terms and conditions of employment. Please also continue to provide information on the employment-related activities of the Office of the Status of Women and up-to-date statistical data on the position of women in the labour market.

3. The Committee notes with interest that the Human Rights and Equal Opportunity Commission has engaged in extensive national consultations on employers’ responsibilities to avoid discrimination on the ground of religion and notes the information paper published by the Commission on this issue. It also notes the proposal by the Commission for a Religious Freedom Act which, inter alia, would make discrimination on the basis of religion in employment and occupation unlawful. The Committee would be grateful to continue to receive information on measures taken or envisaged by the Government with a view to eliminating religious discrimination in employment and occupation.

4. The Committee notes that in 1999-2000, there were 143 complaints before the Human Rights and Equal Opportunity Commission under the Racial Discrimination Act, 1975 and the examples of cases referred to in the Government’s report. Please continue to provide information on measures taken to combat racism in employment, including in the context of the national follow-up to the Durban World Conference against Racism (2001), and on any relevant judicial or administrative decisions.

5. Recalling its previous comments on the level of access, participation and outcomes enjoyed by indigenous Australians, the Committee notes that the National Aboriginal and Torres Strait Islander Education Policy (AEP) has been replaced by the Indigenous Education Strategic Initiatives Programmeme (IESIP). The Committee would be grateful if the Government could provide detailed information about the new policy, its implementation and results achieved so far.

6. Recalling its previous comments concerning the absence of a statutory right to an interpreter in federal tribunals and how this situation may affect complaints made by Aboriginal and Torres Strait Islander people and people of non-English-speaking background under the Racial Discrimination and Work Relations Act, the Committee notes that the Government’s statement that in the Commonwealth’s view the ongoing funding of indigenous interpreter services is a matter for the states and territories. The Committee recalls that its request concerned the situation in federal tribunals under Commonwealth legislation. It reiterates its request to the Government to consider a statutory right to an interpreter in these tribunals, and asks the Government to provide information on measures taken to that end.

7. New South Wales. With reference to its previous comments, the Committee notes with interest that Part 4 (Parental Leave), of the Industrial Relations Act was amended in 2000 to extend parental leave to long-term casual workers who have been employed with their employer over 24 months and that an amendment to the Anti-Discrimination Act, which prohibits discrimination on the grounds of responsibilities as a carer, came into effect on 1 March 2001. Noting that the Government is currently examining a report launched by the Law Reform Commission in December 1999 proposing additional changes to the Anti-Discrimination Act, the Committee asks the Government to keep it informed on any developments in this respect. Noting the information on the participation of identified groups, including Aboriginal and Torres Strait Islander people, women, disabled persons and people whose first language is other than English in the public sector and the various measures taken to promote their equality, the Committee is looking forward to receive similar information in the future. Please also provide a copy of the guidelines on identifying and eliminating discrimination in industrial instruments published by the Anti-Discrimination Board and the Department of Industrial Instruments.

8. Queensland. The Committee notes with interest the amendment to the Anti-Discrimination Act, 1991 extending its application to acts done on ships "connected to Queensland" and to subcontract type arrangements, as well as introducing provisions on racial and religious vilification. The Government is requested to provide information on the application of these changes in practice. Please also continue to provide information on the activities and decisions relating to equality and non-discrimination in employment of the Anti-Discrimination Commission Queensland under the Anti-Discrimination Act and the Industrial Relations Act.

9. Western Australia. With reference to its previous direct request, the Committee notes that the Government attributes the growing number of complaints of race discrimination to the greater awareness of the Equal Opportunity Act and work of the Western Australian Equal Opportunity Commission. The Committee notes that the number of complaints concerning racial discrimination and racial harassment continued to increase between 1999 and 2001. Noting the various promotional activities of the Commission, including assistance provided to indigenous people to lodge complaints, the Government is encouraged to provide similar information in the future.

10. South Australia. The Committee requests the Government to continue to provide information on the implementation of the South Australian Wages Parity Enterprise Agreement 1999 and on whether similar agreements exist in the private sector.

11. Northern Territory. The Committee notes that section 57 of the Northern Territory Anti-Discrimination Act provides that a person may discriminate against another person in a programme, plan or arrangement designed to promote equality of opportunity for a group of people who are disadvantaged or have a special need because of an attribute until equality of opportunity has been achieved. With reference to section 59 of the Act which provides that the Anti-Discrimination Commissioner may permit certain discriminatory conduct to redress the effect of past discrimination, the Committee notes that the Commissioner has received a small number of requests concerning programmes to promote equality of indigenous people and women in employment and occupation under section 59, but declined them, taking the view that the programmes in question in fact were special measures within the terms of section 57. The Government is asked to continue to provide information on the implementation of programmes promoting employment equality of women and aboriginal employees and the practical effects of these programmes.