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Thanks must go to everyone for the wonderful entries we have received for ‘The Spirit of Gen Y & Z’ competition. There was a variety of art works and written expressions providing a wide reaching insight into what’s in the minds and hearts of Tasmanian youth.
Whilst delighted with the response to our competition, the Tasmania Together Youth Challenge competition came to our attention. As a result of the Youth Challenge prize pool, the Office of the Anti-Discrimination Commissioner (OADC) considered it to be in the best interests of the entrants to allow their work to form part of the Tasmania Together Youth Challenge competition.
The OADC has entered into a collaborative arrangement with Tasmania Together and we look forward to the results of this exciting initiative.
See page 6 for photos of a selection of entries we received and watch this space for further developments and more photos.
http://www.ttyouthchallenge.com.au/competition/competition_tips.html
The Anti-Discrimination Act says that discrimination is only unlawful in certain areas including accommodation, employment, education and training and the provision of services. A reminder about the two types of discrimination– direct discrimination, which is less favourable treatment of a person because they have an attribute covered by the Act, such as disability or sexual orientation, and indirect discrimination, which is when there is an unreasonable requirement, condition or practice that disadvantages a person because they have an attribute.
What other types of accommodation might be included?
Osman is an overseas student from Malaysia studying law at the University of Tasmania. He has been staying with a homestay family, Mr and Mrs Smith. However, he decides he is ready to move to a flat and responds to an ad for a place and provides references to a real estate agent. He is told that he has great references and is invited to view the property. Upon arrival, he is told that the place has already been let. Osman notices that the place was advertised in the paper the next day. He asks Mr and Mrs Smith to apply for the place. Mr and Mrs Smith are told they can rent the property. Is this discrimination?
Anne has three-year old twins. She is told by a private landlord that she must pay double the amount of bond because she has children below the age of 6. Is this unlawful discrimination?
Mark lives in a block of flats. Charlie is in the flat next to him, and wakes Mark up at 2 in the morning by yelling abusive comments right next to his wall. Mark decides to confront Charlie and knocks on his door, only for Charlie to scream at him, "you are a bible-bashing idiot," and "get over it, God lover." Is this discrimination?
There is a very similar case that has been before the Anti-Discrimination Tribunal and the Supreme Court.
That case was about a complainant who is transsexual. The complainant went and spoke with a neighbour who was being noisy and the neighbour then abused the complainant because of her transsexuality.
Mary is a refugee recently arrived from the Sudan. She applies for rental accommodation. She is told that it is the policy of the real estate agency that every applicant has 3 references from former landlords. Could this be indirect discrimination?
People can also be discriminated against in the area of accommodation on the basis of any of the other attributes covered by the Act.
If anybody thinks they have been discriminated against they can call the office and talk to an Investigation Officer on 6233 4841 or 1300 305 062 or check out our website www.antidiscrimination.tas.gov.au
Discrimination on the basis of marital status and parental responsibility in the area of accommodation. Review of dismissal of complaint by Commissioner – Dismissal Upheld
The complainant alleged she was discriminated against on the basis of her marital status and parental responsibility in the area of accommodation. The complaint was made against Northshore Realty Pty Ltd as the organisation providing the housing and who allegedly engaged in the discriminatory conduct.
The complainant’s application for housing was rejected, and she contends that the Sales Manager/Director of the respondent company refused to disclose any information at this stage but later stated that one of her referees had stated that her lifestyle was not suitable, or words to that effect.
The respondent company refused to disclose any further information to the complainant when requested to do so by her. The complainant sought the assistance of the Tenants Union, and, at a later date lodged her complaint with the OADC.
Following investigation the Commissioner considered that the material provided by the Respondents that the property had been rented to a single mother rebutted an inference that the Complainant had not been the successful rental applicant on the basis of her parental or marital status.
The Tribunal was satisfied that the Commissioner made a correct decision in dismissing the complaint.
http://www.magistratescourt.tas.gov.au/decisions/anti-discrimination_decisions/p/2001_7
Our Office will be conducting 2 Anti-Discrimination training sessions in July that will be tailored specifically for the Real Estate Industry.
REIT members will be eligible for a discounted fee (see the REIT newsletter).
All other interested persons should contact Roz Smart (03) 6233 7832 for more information and to register or find the registration form on our website www.antidiscrimination.tas.gov.au
This 2½ hour course looks at diversity, discrimination, attributes protected under the Anti-Discrimination Act, areas of activity, harassment ('bullying'), sexual harassment and additional prohibited conduct. Also includes relevant case examples.
Date; 16th July 2008
Time; 9.30am – 12.00 noon
This 4 hour course contains an overview of the Anti-Discrimination Act, management strategies for preventing and dealing with issues of discrimination. Designed to give managers a "big picture" view of their role and responsibilities in relation to issues and claims of discrimination. Also includes relevant case examples.
Date; 23rd July 2008
Time; 9.00am - 1.00pm
The OADC has timelines during the complaint handling process. These timelines are set by the Anti-Discrimination Act 1998 or by the Commissioner.
Next month; more information on complaint process timelines
Aurora Energy provides electricity and gas throughout Tasmania and is currently expanding into the national market. We employ over 1100 people including 65 apprentices and trainees across the State.
We have a diverse workforce, however our field-based workforce is predominantly male. In December 2006 Aurora commenced a Women in Trades initiative with the aim of encouraging and supporting more women to enter the electrical trades area. This included the sponsorship of women in a pre-vocational training program. As a result of the initiative five women were successful in being awarded electrical apprenticeships.
Whilst Aurora already had policies covering discrimination and harassment, workplace bullying and sexual harassment it was felt that we needed to do more to ensure that the workplace environment was supportive of women entering what was traditionally a male dominated work area.
In conjunction with the OADC we developed and rolled out awareness training to our field workforce. The training included a half-day session, run by the OADC, for all Managers and Team Leaders as well as a short awareness session that could be run in team meetings by our own people.
We have now expanded this training to the rest of our business and our aim is to complete the training for all employees before the end of this year.
The Tenants’ Union of Tasmania is a not for profit community organisation offering free services to tenants including tenancy advice, advocacy and referrals. Tenants can access these services via telephone (1300 652 641), appointment (at 166 Macquarie St in Hobart) and web (www.tutas.org.au).
The Tenants’ Union also conducts free community legal education for interested sectors of the Tasmanian community. Groups that have already benefited from legal seminars include real estate agents, support workers, Housing Tasmania staff and college students. If your organisation or group would like a seminar about residential tenancy laws then call the Tenants’ Union on 03 6223 2591.
In addition, the Tenants’ Union broadly aims to improve housing for tenants through legal reform, tenant empowerment, activism and policy analysis. Presently the Tenants’ Union is focusing on reforms to housing standards, unreasonable rent increases and security of tenure.
For further information www.tutas.org.au
Here are just a few of the entries we received for ‘The Spirit of Gen Y & Z’ competition.
Next month we will feature the entries we believe deserve special mention
NAIDOC WEEK 6 – 13 July 2008
NAIDOC celebrates the survival of indigenous culture and the indigenous contribution to modern Australia
To lodge a complaint or seek further information, contact the office or visit the website. Please note the office is unable to provide legal advice to parties of a complaint.
Office of the Anti-Discrimination Commissioner
Level 1, 54 Victoria Street, Hobart, Tasmania 7000
GPO Box 197, Hobart, Tasmania 7001
Telephone 1300 305 062 (local call) or (03) 6233 4841
Facsimile (03) 6233 5333
TTY (03) 6233 3122
Email antidiscrimination@justice.tas.gov.au
Website www.antidiscrimination.tas.gov.au
Please advise the office prior to an appointment if you require special assistance or the services of an Interpreter /Auslan.
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 email 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.
