
Tas-Discrimination News is published to be an information, reference and education tool for and about discrimination law and the Tasmanian community and workplaces. Please feel free to copy any content from Tas-Discrimination News to share within your own networks, newsletters or bulletins. Please include acknowledgement of this office in your material as well as our website address www.antidiscrimination.tas.gov.au. We would love to receive copies of your publications.
Launch of the Anti-Discrimination Commissioner’s Annual Report 2010–11
The last week of October saw the tabling of my Annual Report for 2010–11 in the Tasmanian Parliament by the Attorney General, the Hon Brian Wightman MP, and the public launch of that report following tabling. This is the twelfth Annual Report of the work of my office.
It reports on my first year as Commissioner and provides me with an important opportunity to reflect on that year and report on the significant achievements of my office.
Major highlights during the reporting year include:
I believe, it is reasonable to conclude that, the increased community engagement by my office during the year has had an effect on the number of complaints received, which has risen by 39% when compared to the previous year. A 5-year comparison table of complaint data forms an appendix to the report, which provides some interesting indications of complaint trends over this period of time.
The number of training programs delivered this year has also risen by 29%. This could be attributed to the increased stakeholder and community engagement with the public and private sectors across the state.
Future Developments
In order to achieve these next steps, there must be capacity in my office to consistently do more proactive work with government, industry sectors and the community. My office’s ability to take on that more proactive and creative role, however, is severely limited with the current nine staff all working to capacity in education, training and complaint handling.
I would like to especially thank all those whom I have engaged with during the year on various human rights, social justice, equal opportunity and discrimination issues. The generosity and willingness of these people to be active participants in achieving the objects of the Act is vital to ensuring that we continue to improve access to equality rights for all Tasmanians.
http://www.antidiscrimination.tas.gov.au/publications/annual_reports
Robin Banks
Anti-Discrimination Commissioner
A Sizzling Event
The sausage sizzle on Wednesday 19 October was held to raise awareness of Anti-Poverty Week and also promote people’s rights under anti-discrimination law. The event was a great success as the weather was spectacular and many people gave generously. We were pleased to have a visit showing support from Federal MP Andrew Wilkie; Noel Mundy, State Director of Mission Australia, and Mike Blake, the Tasmanian Auditor General. Many people came off the street to either buy a sausage or to generously donate money. Profits were donated to The Tasmanian Centre for Global Learning - A fairer World - Social Justice, Peace & A Sustainable World Future.
Thank you to everyone for their support and generosity. It goes to show there are many caring and generous people in our community who are more than happy to show their support to such a worthy cause.
Louise Adams
Training, Education and Development Officer, OADC
By including irrelevant criminal record as an attribute under the Anti-Discrimination Act 1998 (Tas) , the Tasmanian Parliament recognised that there are often significant barriers faced by those people that have been to prison or have been convicted of a criminal offence in going about their daily lives, especially when seeking employment. It is a matter of ensuring the rights of people who have ‘done their time’ and ‘paid for their crime’ to be treated fairly and not subjected to prejudice, while recognising that in some circumstances a person’s criminal record might present too much of a risk in a particular situation. It is a question of whether a criminal record is relevant or irrelevant to the particular circumstances, whether it is in relation to employment, education, accommodation, the provision of facilities, goods and services or in the membership and activities of clubs.
Scenario – a person was charged with assault, but before the charges went to court the Police found out they had the wrong person and the charges were dropped. Can a tertiary education institution refuse to enrol that person in an aged-care course because of that?
Scenario - Phil's boss has recently found out that 8 years ago, when Phil was a teenager, he was convicted for shoplifting. Phil works as a retail assistant and his boss is saying that he can't be trusted even though Phil hasn't been in trouble since and has worked as a retail assistant for 4 years, has been trusted with handling money and has excellent references. Can Phil's boss sack him?
Can a child care facility employ people with a criminal record?
I've heard that after a while a criminal conviction becomes 'annulled' or 'spent’. What is this and is it discrimination if someone takes a spent conviction into account?
What happens if someone is discriminated against because a relative is in jail for robbery? For example, can you sack someone in a retail position if you find out that their sister is in jail for robbery?
Is there somewhere people can access more information about irrelevant criminal record?
If a person thinks that they have been discriminated against on the basis of irrelevant criminal record and wants to make a complaint they can ring the Office of the Anti-Discrimination Commissioner on 6233 4841 and talk to a staff member on the enquiries line.
The Federal Court has found that a wage assessment tool used to measure the productivity and competence of workers with disability was not discriminatory.
Nojin v Commonwealth of Australia [2011] FCA 1066
Two men (N and P), who have intellectual disability, worked for organisations that were classified as Australian Disability Enterprises. As such the organisations were eligible for Commonwealth funding to provide work and support programs for people with disability. The two men were paid less than the normal adult rate for the work they did, with the rate they were paid calculated using an assessment tool that measured their productivity and competence.
N was aged 44 and worked for Coffs Harbour Challenge Inc. He has cerebral palsy, epilepsy and a moderate intellectual disability. P was 58 and worked for Stawell Intertwine Services Inc. He is classified as legally blind, although he has some vision as well as a moderate intellectual disability.
Both men underwent assessments to determine the level of wages they would receive for their work. This assessment was provided free of charge by the Commonwealth Rehabilitation Service, and used the Business Services Wage Assessment Tool (BSWAT). BSWAT tested for both productivity and competence. The competence test included four core competencies and four industry-specific competencies. The competencies were tested using a question-and-answer approach.
N and P argued that the BSWAT tests were discriminatory because it was harder for people with intellectual disability to complete the assessment process and meet the standards.
Both employers were non-profit organisations. They claimed that their limited resources and funding, the difficulty of using complex assessment methods and the widespread use of BSWAT all made use of the test reasonable.
The court did not have to determine whether N or P should have been paid at higher rates, but whether use of BSWAT to set the rates was discriminatory.
The court said that if a wage was intended to represent the value of an employee to an employer, then competency testing was a legitimate way to assess that value.
Despite some degree of subjectivity in the oral assessment parts of BSWAT, and its dependence on the skills of the assessor, overall the court found that its use was reasonable in the circumstances of N and P. The court noted that the requirement was for a test to be ‘reasonable’, not perfect.
The court concluded that the test did not amount to discrimination against N and P because the method was reasonable in the circumstances, and using it did not impose a requirement on them that they could not comply with.
http://www.austlii.edu.au/au/cases/cth/FCA/2011/1066.html
This month Tasmania will host the six-monthly meeting of the Australian Council of Human Rights Agencies (ACHRA), which will include a round-table discussion on remedies in discrimination law. All of the agencies at the state, territory and federal level will be represented at the meeting by Commissioners or Presidents, who will meet to listen to presenters and take part in discussions around the extent to which remedies (what is ordered by a court or tribunal if discrimination is found to have occurred) have been effective in supporting and/or achieving the overarching purpose(s) of anti-discrimination / equal opportunity law in Australia and what might be done to support more effective remedies in this area of law.
Other items on the ACHRA meeting agenda are reports on the National Anti Racism Strategy, consolidation of federal anti-discrimination laws, Play by the Rules, the development of the national curriculum for schools, Australia’s Universal Periodic Report to the United Nations and the National Human Rights Action Plan, and the national Premises Standards.
Commissioner and OADC Staff, November Community Engagements
For more about community education, click here
http://www.antidiscrimination.tas.gov.au/education__and__training/information_sessions
To follow interest coming from managers we have combined our Grievance Management for Managers and our Recruitment & Selection courses to create a 6-hour course titled Discrimination free management and management practices.
Discrimination free management and management practices includes topics such as: diversity, the role of the Office of the Anti-Discrimination Commissioner and the Anti-Discrimination Act 1998, section 104 - reasonable steps, direct and indirect discrimination, attributes and areas of activity, offensive conduct (including harassment and bullying), sexual harassment and victimisation. The course also includes discussion, tools and activities on avoiding discrimination in recruitment (pre-interview considerations, the interview and decision), internal complaint procedures (informal and formal), handling complaints, the investigation (procedural and substantive fairness) and the process after investigation.
This course is recommended for all managers and supervisors.
We wish to advise that our on-site training fee will increase from 1 January 2012. This fee was last increased in June 2010 and the fee increase will bring the training rate to $260.00 per hour (pre GST) for tailored training delivered in your organisations.
Please see our new training calendar below, details for all courses can be found at http://www.antidiscrimination.tas.gov.au/education__and__training/training. Other courses are also available, if there is a course not listed that you are interested in or you would like a course to be delivered in another venue please let us know.
We are once again offering courses in Devonport, please see the calendar below for more details.
Courses require a minimum of four participants to go ahead.
COURSE |
DATES |
LOCATION |
TIMES |
COST |
|
FEBRUARY |
|
|
|
|
|
Engaging Diversity & |
Tuesday 21 February |
Hobart |
9.30-11.30am |
$110.00 |
|
Train The Trainer |
Monday 27 February & Tuesday 28 February |
Hobart |
9.30am-4.30pm & 9.30am-4.30pm |
$770.00 |
|
MARCH |
|
|
|
|
|
Engaging Diversity & |
Thursday 1 March |
Launceston |
1.00-3.00pm |
$110.00 |
|
Contact Officer/Person Role |
Thursday 15 March & Friday 16 March |
Launceston |
1.00-5.00pm & 9.00am-1.30pm
|
$440.00 |
|
Contact Officer/Person Role |
Monday 19 March & Tuesday 20 March |
Hobart |
1.00-5.00pm & 9.00am-1.30pm
|
$440.00 |
|
Engaging Diversity & |
Wednesday 21 March |
Devonport |
1.00-3.00pm |
$110.00 |
|
Discrimination free management and management practices
|
Thursday 22 March |
Devonport |
9.00am-3.30pm |
$330.00 |
|
APRIL |
|
|
|
|
|
Train The Trainer |
Tuesday 3 April & Wednesday 4 April |
Launceston |
10.00am-5.00pm & 9.00am-4.00pm
|
$770.00 |
|
Racial Diversity and Preventing Discrimination, Harassment & Bullying
|
Monday 16 April |
Hobart |
9.30am-12.00pm |
$165.00 |
|
Discrimination free management and management practices
|
Tuesday 17 April |
Hobart |
10.30am-5.00pm |
$330.00 |
|
Racial Diversity and Preventing Discrimination, Harassment & Bullying
|
Friday 20 April |
Launceston |
1.00-3.30pm |
$165.00 |
|
MAY |
|
|
|
|
|
Disability Awareness and Preventing Discrimination, Harassment & Bullying
|
Tuesday 15 May |
Hobart |
9.30am-12.00pm |
$165.00 |
|
Discrimination free management and management practices
|
Thursday 17 May |
Launceston |
10.30am-5.00pm |
$330.00 |
|
Disability Awareness and Preventing Discrimination, Harassment & Bullying
|
Friday 18 May |
Launceston |
9.30am-12.00pm |
$165.00 |
|
Contact Officer/Person Role |
Monday 28 May & Tuesday 29 May |
Hobart |
1.00-5.00pm & 9.00am-1.30pm
|
$440.00 |
|
JUNE |
|
|
|
|
|
Contact Officer/Person Role |
Wednesday 20 June & Thursday 21 June
|
Launceston |
1.00-5.00pm & 9.00am-1.30pm |
$440.00 |
|
Contact Officer/Person Networking Meeting
|
Tuesday 26 June |
Hobart |
9.30-11.30am |
FREE |
|
Contact Officer/Person Networking Meeting
|
Thursday 28 June |
Launceston |
1.00-3.00pm |
FREE |
|
COURSE |
DATES |
LOCATION |
TIMES |
COST |
|
Contact Officer/Person Role |
Monday 21 & Tuesday 22 November |
Hobart |
1.00-5.00pm & 9.00am-1.30pm
|
$440.00 |
|
Avoiding Discrimination in Recruitment & Selection
|
Wednesday 23 November |
Launceston |
1.00-5.00pm |
$220.00 |
|
Disability Awareness and Preventing Discrimination, Harassment & Bullying
|
Thursday 24 November |
Launceston |
9.30am-12.00pm |
$165.00 |
|
Disability Awareness and Preventing Discrimination, Harassment & Bullying
|
Tuesday 29 November |
Hobart |
9.30am-12.00pm |
$165.00 |
For more detailed course information and registration forms follow this link http://www.antidiscrimination.tas.gov.au/education__and__training
Tasmanian Human Rights Week
Human Rights Awards – Reminder call for nominations
Every 10 December people around the world celebrate the day that the United Nations adopted the Universal Declaration of Human Rights (UDHR) in 1948. Translated into a world record of more than 360 languages, the UDHR sets out those rights and freedoms that many of us take for granted.
International Human Rights Day is a day to raise public awareness and knowledge of why human rights matter, both amongst people who are lucky enough to enjoy their rights, and those who are not so lucky, who have little freedom and few rights.
It’s a day to focus on core human values reflected in the UDHR: a commitment to inherent human dignity, non-discrimination, equality, fairness and universality. It’s a day to consider what any one of us can do to defend our rights, and help others find and protect theirs.
In Tasmania, each December we celebrate Human Rights Week as well as International Human Rights Day. Activities during the week are designed to make us more aware of our own rights and where they could be at risk, and to provide insight into people and issues from around the world, and what we can do to support their efforts to achieve social justice.
The Human Rights Week Organising Committee, which includes representatives from various organisations and other individuals, co-ordinates the programme. This usually includes public discussions, performances, Amnesty International’s March for Human Rights and other activities.
If you have suggestions for an activity that could be included contact the Committee through Louise Adams, at the Office of the Anti-Discrimination Commissioner on 03 6233 4841 or by e-mail to Louise.Adams@justice.tas.gov.au.
Australia, like many other countries, chooses International Human Rights Day to honour people who’ve made a special contribution to human rights. Since 1991 Tasmania has also paid tribute to individuals, organisations or schools based in Tasmania, by presenting Tasmanian Awards.
Anyone can nominate an eligible person or group they think deserves to be recognised and who satisfies the criteria for an award. Nominations must be on the official nomination form, and provide a description of why this person or organisation deserves to be chosen, backed up by the names of referees, and any appropriate documentary support. Nominations close 5:00 pm on Monday 14 November 2011 (deadline extended). For more about each of these awards and how to nominate:
For more about Human Rights Week and the Committee and to get involved: http://www.afairerworld.org/_HRWeek/index.html
The Tasmanian Centre for Global Learning is a non-profit organisation that inspires young Tasmanians to Make A Difference in their local and global communities. It has been working in the Tasmanian community for 26 years and to continue its valuable programs and services needs the help of Tasmanians who care about the future of their young people.
The Centre recently launched a MAD (Make A Difference) Friends program with the aim of raising $70,000 a year to continue its community changing work across Tasmania.
The Centre runs a range of programs in schools and the community to inspire Tasmanians to be a part of changing their world to be a better place. Its flagship program is ruMAD? (Are You Making a Difference?) in which 13,500 Tasmanian students have participated since 2005.
One of many examples of the Centre's work has been happening at the Gagebrook Campus of Jordan River Learning Federation this year. The grade 4/5 ruMAD? students were reflecting on how important their toys are to them, and wanted to find a way that everybody could have fun, even if they didn’t have toys. They invited a guest speaker to explain how toy libraries work, and decided to create one for their community, based at the school. Students wrote to businesses, and appealed to the community for donations to their ‘Toy Muster’. They were amazed by the generous response, and got busy cataloguing all the toys ready for the library’s opening on 31 October! The Gagebrook Toy Library represents a wonderful collaboration between young people and their community, and has given great pride and valuable life skills to the students who have driven its creation. There are more great stories of what Tasmanian schools are doing to improve their communities at www.afairerworld.org/_Current_projects/rumad.html.
You can help support the Centre and its work by becoming a member and MAD Friend. To find out more about MAD Friends and the great work of the Centre across Tasmania please go to: http://www.afairerworld.org/_About_us/supporters.html or contact us on 6223 1025 or admin@afairerworld.org.
On 28 October 2011, the Anti-Discrimination Commissioner, launched the Tasmanian Centre for Global Learning’s 2011 project report for Living in Between: Diversity Education through Storytelling.
The project is a collaboration between the Hobart College Students Against Racism, the Tasmanian Centre for Global Learning and the Alcorso Foundation.
The Hobart College group has 35 members, most of whom have come to Tasmania as humanitarian entrants, from countries as diverse as Sudan, Afghanistan, and Bhutan. As well as music and food, they share their powerful and emotionally moving stories about settling in Australia and the despair and triumphs of working out how to live between two cultures.
To read the report go to http://afairerworld.org.au/_Current_projects/LIB_report.pdf
To find out more about the Living in Between project contact:
Tasmanian Centre for Global Learning
4 Battery Square, Battery Point, 7004
Ph: 03 6223 1025 or 0400 824 261
E-mail: admin@afairerworld.org
http://afairerworld.org.au/_Current_projects/lib.html

MEDIA RELEASE
14 October 2011
Despite a Rugby World Cup semi-final and FIFA World Cup qualifying games on their minds, Wallabies Adam Pocock and Adam Ashley-Cooper, and Socceroos captain Lucas Neill and Matildas player Kyah Simon have stressed the importance of safe, fair and inclusive sport in a series of audio announcements for Play by the Rules – a program jointly supported by federal and state/territory governments.
In the audio messages (available at: www.playbytherules.net.au), Australian Wallabies rugby player David Pocock says that when it comes to sport “. . . showing respect and treating everyone fairly is just as important as the game itself”, while his team-mate Adam Ashley-Cooper stresses the importance to “. . . play fair and keep your cool, on and off the field” because “. . . everyone has a better time when we play by the rules”.
Matildas Australian women’s soccer team representative Kyah Simon says “No matter who you are, or where you’re from, there’s just no place in sport for intolerance, racism, sexism or discrimination of any kind”.
While her Socceroos counter-part Lucas Neill states that “Being a good sportsman and showing good sportsmanship is all about playing it tough, but playing it fair. When you go out into any game it’s important that you not only respect the referee, but you abide by the rules.”
Play by the Rules Co-chair and federal Race Discrimination Commissioner, Dr Helen Szoke, said: “Play by the Rules is a unique program which provides free information, resources, online training and promotional campaigns aimed at ensuring everyone involved in sport can do so in an enjoyable, safe environment, free from discrimination, harassment or bullying”.
Fellow Co-chair Craig Martin, Executive Director, Sport & Recreation Tasmania (Department of Economic Development, Tourism and the Arts), added: “Our sporting heroes are sometimes in the news for the wrong reasons, so it’s important that we recognise valuable voluntary contributions such as these, which make an important contribution in sending the right messages to grassroots sporting participants”.
Both Co-chairs thanked David, Adam, Lucas and Kyah for their contributions and wished the Wallabies, Socceroos and Matildas all the best in their current campaigns.
Play by the Rules is a unique collaboration between the Australian Sports Commission, all state and territory departments of sport and recreation, federal, state and territory anti-discrimination agencies, and the NSW Commission for Children and Young People.
Media contact: Play by the Rules National Manager, Paul Oliver, 0408 469 347

The TasPride Festival 2011 celebrates the gay, lesbian, bisexual, intersex, transgender and queer community, along with family and friends, and runs from the 29 October 2011 to 5 November 2011. Events include the Halloween Party, Film nights, BBQ, dinners, dance parties, quiz night, family picnic, book launches and more.
INTERNATIONAL DAY FOR TOLERANCE
16 November
In 1996, following the 1995 Year for Tolerance, the United Nations declared 16 November as the International Day for Tolerance.
http://www.un.org/depts/dhl/tolerance/
November 19 – World toilet day
November 19th is World Toilet Day - a day to celebrate the importance of sanitation and raise awareness for the 2.5 billion people (nearly half of the world's population) who don't have access to toilets and proper sanitation.
Assistance Dogs Australia Day
November 22-27
Assistance Dogs Australia was established as a non-profit organisation in 1996 with a commitment to enhance the quality of life for people with physical disabilities Assistance Dogs Australia obtains, trains and maintains dogs in community settings to assist people with their disabilities, to give them more confidence and to help them achieve a greater level of independence.
http://www.assistancedogs.org.au/
To make a complaint or seek further information, contact the office or visit the website. Please note the office is unable to give legal advice to parties of a complaint.
Phone: 1300 305 062 (local call cost other than from mobile phones)
03 6233 4841
Fax: 03 6233 5333
Web SMS: 0409 401 083
OADC E-mail: antidiscrimination@justice.tas.gov.au
OADC web: www.antidiscrimination.tas.gov.au
Translating and Interpreting Services (TIS)
24-Hour Service Telephone: 131 450
National Relay Service
If you are deaf, or have a hearing impairment or speech impairment, you can contact the OADC through the National Relay Service www.relayservice.com.au
TTY users phone 133 677 then ask for 1300 305 062
Speak and Listen users phone 1300 555 727 then ask for 1300 305 062
Celebrating Difference, Embracing Diversity
Please advise the office prior to an appointment if you need special assistance or the services of an interpreter.
Readers who have particular topics they wish to know more about or items to include in the next edition are encouraged to contact the Editor of this publication.
Any comments/feedback about the newsletter to ensure it is a useful resource and information-sharing tool for our readers would be welcomed.
Newsletter editor: Roz Smart, telephone: (03) 6233 7832 or e-mail roz.smart@justice.tas.gov.au
The views expressed in articles by external contributors are not necessarily endorsed by the OADC and no responsibility is accepted by the OADC for the accuracy of information contained in this newsletter.