cases of aboriginal discrimination

Support services for the group that vilification is targeting can also complain on that group’s behalf. Organisations that may be able to help include: Legal Aid Queensland (LAQ): Phone 1300 65 11 88 or visit, Community Legal Centres Qld: To find your nearest community legal centre, visit If you or your children don’t get the same access as everyone else because you are Aboriginal or Torres Strait Islander, it could be discrimination. In the complaint, he said he had resigned from his job because of the way his supervisor had treated him. (Source: VALS submission to 2015 review of the Charter). The right to maintain distinctive spiritual, material and economic relationships with land, water and other resources that there is a connection with under traditional laws and customs. For it to be considered vilification, it doesn’t have to take place in a particular area (like discrimination does), but it has to be a public act. Age discrimination. In Aboriginal Rights/Defences, Fish Cases on July 16, 2012 (Updated July 16, 2012) This case involved charges … Jess said the waiter was rude to them. She recorded cases of persons charged for crimes against named Aboriginal people and Aboriginal people charged with a crime. In April 2017, Zayden Cemino, a Yorta Yorta man from Echuca, applied to the Magistrates’ Court to transfer his criminal charges to the closest Koori Court in Shepparton. This report aims to outline the issue of racial discrimination in Australia by providing background information and explaining its significance to society. The court considered (among other things) how this decision would impact on the human rights of the children, and, in particular, their cultural and spiritual identity and connection with their Aboriginal family and the wider community. A pdf version of this resource is available to download ((PDF File, 2.2 MB) ), or you can scroll through it below or click straight through to different sections using these links: Queensland is one of three states and territories in Australia to protect human rights by law. In January her nephew died of a drug overdose in her presence at the property. In the landmark decision the Supreme Court confirmed that the Magistrate failed to properly take into account Mr Cemino’s right to culture and equality before the law. Sex discrimination. Been subjected to racist comments, slogans or pictures in public places? Unfair treatment happens because you are a man or because you are a woman (for example because you are pregnant or breastfeeding). This guide is for Aboriginal and Torres Strait Islander people and their advocates in Queensland. It is sad that there seems to be no end to societal discrimination against the nation’s Aborigines, despite numerous widely publicized incidents in the past few months that have sparked discussion. VALS made an application for an urgent review and stay. Although the Koori Court had jurisdiction to deal with the proceedings, the Magistrate refused the transfer. This included her cultural rights being limited by the removal of items from her room including Indigenous artwork and an Indigenous newspaper. Sarah also claimed that she was victimized because she told her manager that she intended to make a complaint to the Commission. For further information and assistance you can contact our Aboriginal and Torres Strait Islander Unit. Jess made a complaint to the Commission about the restaurant. He said he called a nearby boarding house and was told there was a vacancy. The organisation allowed the review, and withdrew the possession application, engaged an Aboriginal support service and started again. Steve said he agreed to go to the boarding house the next day to pay a deposit for the room. Geoff worked as a labourer in an engineering firm. The Supreme Court found this was a breach of his cultural rights under the state’s human rights laws, and overturned the ruling. Summary: A group of six Aboriginal people attended a nightclub in a casino on the Gold Coast. When she returned she started receiving warnings to engage with services, however she was overwhelmed with family responsibilities, trauma and grief. The government committed to using the girl’s experiences to inform the treatment of future detainees. ... More about Aboriginal People Face Discrimination in Canada. She lived with and cared for her grandson and brother who had an intellectual disability. Jess is an Aboriginal woman who lives in a country area of NSW. A Statutory Measures in New South Wales There is no New South … Her engagement decreased and she stopped answering the door for fear of eviction. Read more about exemptions under the Anti-Discrimination Act 1991. Geoff said the people he worked with called him names because he is Aboriginal. Where a threat of physical harm is included, it is called serious vilification, and is a criminal offence. Been knocked back by a real estate agent or property owner because you are Aboriginal or Torres Strait Islander? The North Australian Workers Union case before the Conciliation and Arbitration Commission … A family member, a friend, a carer or another support person can help you make a complaint or make a complaint on your behalf. In 1964 the North Australian Workers Union presented a case for equal wages for Aboriginal pastoral workers. Discrimination of Aboriginal and Torres Strait Islander peoples: Case Studies (2009), Copyright © Australian Human Rights Commission, Aboriginal and Torres Strait Islander Social Justice. Canada’s history of discrimination toward Aboriginal youth is most evidently illustrated through the country’s residential schools. Social Housing provider, registered NDIS provider, Community Centre operator). In many cases Aboriginal workers have had wages withheld indefinitely, or been subject to outright slavery. Sarah is Torres Strait Islander and had worked as a Customer Service Officer for a large government department for six months. The company provided statements from some of Geoff’s co-workers. The Commission contracted research into the impact of stigma and discrimination on Aboriginal and Torres Strait Islander people experiencing problematic alcohol and other drug use, and on the related negative stereotypes that affect the social and emotional wellbeing of all Aboriginal and Torres Strait Islander people, irrespective of whether they engage in alcohol and/or other drug use. Racism is used to justify paying one group of people less than another, forcing workers into a race-to-the-bottom. Some exemptions apply in all areas, some are only for a specific area – for example work or accommodation. More than two people can make joint complaints. For example, human rights complaints can only be made about public entities, but discrimination complaints can be made about a business, an individual, a government department, or group – or more than one of those. This is against the law. Register to continue. Children have a right to go to a school that meets their needs. This is a management policy”. The owner of the company agreed to pay Ben $10,000 compensation and provide him with a Statement of Service to resolve the complaint. The Commission staff who deal with complaints are not advocates for the person making the complaint (the complainant) or the person or organisation the complaint is about (the respondent). Steve said he agreed to go to the boarding house the next day to pay a deposit for the room. Human rights laws have existed in other areas of Australia for a number of years. She recorded cases she suspected were of indigenous people from other countries, as well as cases that seemed to be concerned with Australian … Queensland Indigenous Family Violence Legal Service (QIFVLS): Phone 1800 887 700 or visit If you’re not treated fairly it could be discrimination, and that is against the law. In extreme cases, the applicants are refused accommodation directly on the grounds of their race. The owners of the boarding house agreed to apologise to Steve, provide him with accommodation, develop an anti-discrimination policy and pay Steve $3,000 compensation for the hurt and humiliation he said he had experienced. This means that in some circumstances, discrimination is not unlawful. The public sector includes Queensland Government departments and agencies (including the police, state schools, public hospitals, Child Safety, and prisons), local councils, and organisations providing services to the public on behalf of the state government – like social housing services or NDIS providers. The report says 75% of Aboriginal and Torres Strait Islander members and staff experience racism and discrimination in the workplace – a 3.5% increase from the 2011 survey. discrimination against Aboriginal people, the 1967 Referendum was still in recent memory and national service was a significant political issue. They are actual cases but personal details that might identify the complainant or the respondent have been deleted for privacy reasons. The most recent happened when Pangoyod, a Tao actor and TV host, and Buya, an Atayal, wore their traditional attire when accepting their awards at Saturday’s Golden Bell Awards. In the Bill Leak case, the complaints were subsequently dropped. This is not the case. If you don’t get the same access as everyone else because you are Aboriginal or Torres Strait Islander, it could be discrimination. Legal battle between aboriginal former dean and university could halt institutions’ progress on indigenisation, scholars say. We are an impartial body, which means we are not on one side or the other. It says you should be able to use a government service, even if you have different needs, can’t read or write, speak another language, or have a disability. Jess came to the city for a holiday and to visit her cousins who she had not seen for quite a while. Jess said that when they arrived at the restaurant the head waiter told them they could not go in because they were not dressed appropriately. Geoff claimed his employer did not help him deal with the problems he was experiencing at work. You can make a complaint about it to us at the Commission if you are being targeted. Sex/gender discrimination cases in the High Court - Wardley and Banovic. Had comments made about your race at a job interview? Reporting it means we won't take any specific action regarding your experience, and it's not a part of our formal complaints process, but it does help us to better understand the issues facing the community and help us advocate for change. Updated 17/11/2020 Even today, “many Aboriginal and Torres Strait Islander peoples still … Sarah told the Commission that this resolved her complaint. When the Commission contacted the company, they said that the first time they were aware of Geoff’s concerns was when he walked out of his job. This effort in Australia was one of the largest civil rights movements in the last one hundred years across the globe. Although this updated referendum acknowledged the previous discrimination towards Aboriginal and Torres Strait Islander peoples, it still did not include any form of agreement of equality or recognition of their rights and culture. The Commission helped Jess and the restaurant resolve the complaint. All people while in the state of Queensland are protected in their interactions with Queensland public entities. In the QUT case, the Federal Court dismissed the discrimination claim as having no reasonable chance of success. At this time, however, the colonial French government did not force Indigenous people to participate in the schools, as First … See our case studies for more examples of discrimination. On her last night in the city, Jess and her cousins decided to go to a restaurant which they had been told had great food and a great view. At first, the children were placed in a non-Aboriginal home and separated from one another. Section 28 of the Human Rights Act says you have the right to live life as an Aboriginal or Torres Strait Islander person and to practice your culture, including: It also states you have the right not to be subjected to forced assimilation or the destruction of your culture. The information contained in this resource is not intended to be a substitute for legal advice. Sarah said she made an internal complaint about her supervisor and after this, her probation report recommended that she not be given permanent employment. Aboriginal Peoples PART III Article 5: Equality before the Law & Article 6: Effective Protection 30 and Remedies (a) Head Tax and Redress 30 (b) Cuts to the Court Challenges Program of Canada 32 ... poverty, education, human rights and discrimination against Aboriginal peoples. Jess said other people in the restaurant were also dressed in casual clothes and so she felt they were being treated differently because they were Aboriginal. AFRODOWNUNDER wins racial discrimination case against Melbourne nightclub at the Supreme Court! The law includes exemptions to discrimination. It also includes local governments. The Act calls these ‘public entities’. An Aboriginal woman has become the target of abuse by overseas neo-Nazis and white supremacists after her discrimination lawsuit was embroiled in a high-profile campaign to water down Australia's racial hatred laws. There are slightly different processes for human rights complaints than there are for discrimination, vilification, or sexual harassment complaints. The distinct cultural rights of Aboriginal and Torres Strait Islander peoples are protected by the Human Rights Act 2019. Examples of human rights cases Housing. If you think you or someone you know may need help protecting your human rights or dealing with discrimination, harassment or vilification, please have a look at the information in this guide and contact us at the Queensland Human Rights Commission if you would like assistance or more information. The Commission helped Ben and the company to resolve the complaint. A former employee at Corrective Services NSW has been awarded more than $170,000 in compensation after the Federal Circuit Court found she had been unlawfully discriminated against. More extreme types of sexual harassment like sexual assault can be criminal offences and can be reported to police. Their mother then successfully applied to have the siblings reunited and returned to the care of their maternal grandmother. No matter whether it is a human rights or discrimination complaint or both, we will usually try and resolve it through a process called conciliation. The owner of the boarding house told the Commission they did not have a formal policy to not accept Aboriginal people. Vilification is when someone does something publicly that incites hatred, severe ridicule, or serious contempt for a person or a group of people because of their race, religion, sexuality or gender identity. The government also acknowledged the particular distress removing the items caused the girl, as she had used painting as a form of therapy. Something done to benefit a particular group of people who might need it; Something to promote equal opportunity for a group of people; Things done to protect the health and safety of the public, or people in a workplace; Things that someone has to have if they’re applying for a job because there’s a genuine requirement for them. The girl’s lawyer said that the girl’s primary concern was ensuring that no other young detainee would have to experience what she went through and that her experience would bring about change. It applies to acts and decisions made after 1 January 2020. Read more about the right to protection of families and children under the Human Rights Act 2019. A possession order was made and the police came to her door with a warrant. Read more about the right to access health services under the Human Rights Act 2019. The ACT government formally apologised to an Aboriginal girl who complained that she had been unlawfully... Child protection. These laws denied Aboriginal and Torres Strait Islander peoples their right to recognition as a person. This could be serious vilification. The department contacted the Commission a few days later and said that Sarah would be offered permanent employment. The restaurant denied that Jess and her cousin were treated differently to other people because they were Aboriginal. Although the Koori Court had jurisdiction to deal with the proceedings, the Magistrate refused the transfer. Please login or register to read this article. The Eades case was at the juncture of all ... continued to discount Aboriginal agency and, as Eades’ case epitomises, positioned Aboriginal people in continuing legal limbo. The Human Rights Act 2019 protects the rights of everyone in Queensland. Transgender people also face sex discrimination. These arguments significantly turned around the organisation’s approach to Lorna. For example: The fence of an Aboriginal housing service is graffitied with a swastika and the words “white power” and “we’ll get you too”. As a result of this there are a number of historical cases that show how Aboriginal and Torres Strait Islander people in Australia have used similar laws to protect themselves and their families against unfair action by governments. Steve made a complaint to the Commission about what had happened. ... (Cth)'; in Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58 the 'catchwords' section is extensive, yet without any reference whatsoever to 'human rights' or 'Indigenous Australians rights' (or, better, 'deprivation of human rights' or 'deprivation of Indigenous Australians rights') which many, and … The first residential facilities were developed in New France by Catholic missionaries, and were intended to provide care to Aboriginal children. Jess was happy to accept this as a way to resolve the complaint. analysis of anti-discrimination legislation and cases from all Australian jurisdictions from the time of the passing of the Racial Discrimination Act by the Commonwealth in 1975 to the present. The owner said staff in the bistro teased and joked with each other and that Ben joined in some of this behaviour. This means you cannot be discriminated against because of your: The Act also determines where discrimination is against the law: For something to be discrimination under the Act, it has to be: Be based on one of the attributes listed above; Take place in one of the areas listed above; that you are treated less well than someone without the same attribute. Koowarta v Bjelke-Petersen, was a significant court case decided in the High Court of Australia on 11 May 1982. Complaints must be made in writing. This report discusses the main reason of which cause racial discrimination in Australia, what social issues will aris… This can also be inferred from the Western Australian Equal Opportunity Commission’s (‘WAEOC’) statistics, which … The company also agreed to pay Geoff $7,400 compensation for the hurt and humiliation he said he had experienced. The owner of the boarding house agreed the comment the caretaker made to Steve was unacceptable. You can also talk to us before you lodge it if you’re unsure or need any more information. It means that the Queensland public sector has to properly consider your human rights when they make decisions about you, or take actions affecting you. Each of these NGOs brings forth in their submissions a unique set of expertise and perspectives on the issues affecting … For example: An Aboriginal child is taken into care by Child Safety but the department should prioritise finding a relative to take responsibility for her under kinship care arrangements, so she stays connected to family. Public entities are allowed to limit rights, but only to achieve an important purpose in the least restrictive way possible. The company said it had anti-discrimination policies in place. The government apologised to the girl for her experience in custody, including youth detention centre staff removing the girl’s Indigenous artwork and copies of the Koori Mail from her cell. On Thursday 9th February 2017, the Supreme Court judge made a landmark final ruling and found Melbourne Nightclub ‘Inflation’ guilty of racial discrimination when they cancelled one of our Afrodownunder events because of our race. Usually this means all the parties coming together around a table or on a group phone call to figure out a way to resolve it that is satisfactory for everyone. If you need more information you can call the Aboriginal and Torres Strait Islander Unit at the Commission. Families have rights and children have special protection to make sure they are looked after. They can be made by the person affected, or by someone on their behalf if they can’t write it themselves, like a trusted friend, relative, or advocate. 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We are there to help the parties involved in the complaint reach an agreement about how to resolve it. “In the main, the perpetrators of racism and discrimination in the workplace are colleagues of those staff members, making attempts to combat racism in the workplace more difficult.” Ben made a complaint to the Commission. It also includes any conduct which the public is able to observe, such as actions, gestures and wearing or displaying clothing, flags, emblems or insignia. Caxton Legal Centre: Phone 3214 6333 or visit National service is a particularly useful prism because it is one area in which, arguably, … Some of these cases are listed below. A: You can get help from your mob. For example: A Torres Strait Islander man is taken to hospital after he collapses in the street with stroke symptoms, but is sent home without tests or examination because the staff assume he’s been drinking. For example: A group having cards printed for their members which say “License to shoot Aborigines” would be vilification. A new report has found 59 per cent of Aboriginal and Torres Strait Islander workers have experienced racism based on their appearance and almost a third feel their workplace is culturally unsafe. VALS then successfully made arguments to the housing provider that they had failed to engage with Lorna’s cultural rights and the rights of her grandchild and family members in their eviction process, by failing to support her to recover from her grief. In her complaint to the Commission Sarah said her manager unjustly criticised her work and questioned her about personal leave, even though she had provided medical certificates for the leave. Steve said that when he arrived at the boarding house, the caretaker said “There is a problem. On receiving the complaint, the Commission contacted the department to discuss Sarah’s claims. You don't need to be a resident, or have a particular citizenship or visa status. This is the most common form of discrimination against Aboriginal people. The department also said that Sarah had also been offered career counselling and the option of moving to a different work location. For example: Recruiting for identified positions to work with Traditional Owners on land management may not be unlawful discrimination. When an Aboriginal woman experiences discrimination, she experiences discrimination because she is an Aboriginal woman, not just `Aboriginal' or `woman' or `Aboriginal' plus `woman'. For example: Two girls get in trouble for skipping class together. It might include things like an apology, a change in policy, training for staff, or even compensation.

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