Date submitted: 4 December 2015
Submission made to: Australian Human Rights Commission
Kingsford Legal Centre made a submission to the Australian Human Rights Commission’s Willing to Work Inquiry into employment discrimination against workers with a disability and older workers. Drawing on clients’ experience, KLC noted the prevalence of disability discrimination and the underreporting of age discrimination. KLC suggested the operation of the law could be improved to prevent discrimination by:
- Allowing representative actions;
- Changing the federal courts to a no cost jurisdiction;
- Introducing a reverse burden of proof;
- Introducing a separate ground of intersectional discrimination;
- Introducing civil penalty provisions; and
- Introducing protection from discrimination for domestic workers.
Date submitted: 27 November 2015
Submission made to: NSW Attorney General
KLC wrote to the NSW Attorney General to welcome her announcement of a review of the NSW Racial Vilification Offence and to provide input into the anticipated exposure draft Bill. Amongst other things, KLC recommended that the offence not be limited to public places and be extended to include religious vilification and extreme racial hate speech. KLC also recommended that amendments be made to other vilification offences and that there be systematic and strategic data collection and monitoring of prejudice-motivated crime.
Date submitted: 26 October 2015
Submission made to: NSW Minister of Social Housing
Along with other community legal centres, KLC wrote to the Housing Minister to express concern about the Residential Tenancies and Housing Legislation Amendment (Public Housing – Antisocial Behaviour) Act 2015 and to seek to be consulted on the implementation of the Act. In particular, KLC expressed concerns about the limitations placed on the Tribunal when considering mandatory evictions and strike notices. KLC welcomed the Minister’s commitment that the new provisions would not apply to ‘innocent tenants’ who have no knowledge of their occupant’s behaviour, and to rehouse vulnerable tenants whose tenancies are terminated.
Date submitted: 1 October 2015
Submission made to: Australian Human Rights Commission
In this submission to inform the Religious Freedom Roundtable, KLC argues that Commonwealth anti-discrimination laws do not interfere with religious freedom; permanent exemptions in Commonwealth anti-discrimination laws should be replaced by a general limitations clause; and Commonwealth anti-discrimination laws should include religion (including no religion) as a protected attribute
Date submitted: 21 September 2015
Submission made to: Australian Law Reform Commission
KLC made a follow up submission to the Australian Law Reform Commission on its Freedoms Inquiry Interim Report. KLC reiterated its concern that the framework for “traditional rights and freedoms”, as set out in the Inquiry’s Terms of Reference, excludes other significant rights and freedoms, including the right to be free from discrimination. KLC focused on rights and freedoms: freedom of speech, freedom of religion, freedom of association and burden of proof.
Date submitted: 16 September 2015
Submission made to: Productivity Commission
KLC raised concerns about a number of recommendations in the draft report that would have the effect of restricting access to justice. In particular, KLC opposes any increase to lodgement fees and decisions being made ‘on the papers’ in unfair dismissal matters, reductions to penalty rates and changes to the general protections complaint process. KLC recommends that the small business fair dismissal code be removed and that the Fair Work Commission publish a conciliation register and actively seek feedback from parties and their representatives on conciliation experiences. KLC supports increased resourcing of the Fair Work Ombudsman across all matters, including migrant workers.
Date submitted: 2 September 2015
Submission made to: NSW Attorney General
As part of the CLCNSW Victims Support Committee, KLC wrote to the NSW Attorney General about the new Victims Support reassessment process for victims who lodged applications under the old scheme. KLC expressed welcomed the scheme but also expressed some concerns about it. KLC asked the Attorney to consider extending the deadline for making applications, providing discretion to extend time limits on responding to requests for evidence, accepting reassessment applications that were dismissed due to no act of violence being established, ensuring full appeal rights, engaging in a widespread communications strategy and funding legal costs in limited situations.
Parliament is set to debate new laws that will remove safety net for vulnerable social housing tenants at risk of homelessness. Kingsford Legal Centre worked with EATS, Inner-City Legal Centre, Marrickville Legal Centre and Refern Legal Centre to develop a briefing paper.
This Joint NGO Submission to has been prepared by the Human Rights Law Centre, the Kingsford Legal Centre and the National Association of Community Legal Centres, with substantial contributions from a number of NGOs across Australia and is endorsed, in whole or in part, by 190 NGOs.
Date submitted: 16 July 2015
Submission made to: NSW Attorney General
KLC wrote to the NSW Attorney General to welcome proposed changes to the Victims Support scheme so that victims who lodged applications under the previous scheme could have their applications reassessed under that scheme’s provisions. KLC asked the Attorney to consider providing ex-gratia payments, funded legal assistance, no time limits for applicants, and eligibility for withdrawn applications. KLC also expressed its concerns about the current Victims Support scheme, in particular the high requirements for documentary evidence in cases involving domestic violence or sexual assault.
Date submitted: 15 May 2015
Submission made to: Senate Finance and Public Administration Committee
KLC submitted that Aboriginal and Torres Strait Islander people have limited access to legal services. This results from a lack of awareness about legal issues, disenfranchisement with laws and the legal system, and a lack of adequate and culturally appropriate services. KLC also highlights the importance of justice reinvestment in addressing and preventing high rates of incarceration.
Date submitted: 25 May 2015
Submission made to: Department of Foreign Affairs and Trade (Human Rights and Gender Equality Branch)
KLC expressed concern about the consultation and reporting process, including concern about the delay in responding to UN human rights treaty bodies, the need to consult on implementation of Concluding Observations and the need to consult more broadly, particularly with Aboriginal and Torres Strait Islander organisations and social services. KLC recommends that the Australian Report include details of measures adopted to progress ICESCR rights, and difficulties affecting fulfilments of ICESCR obligations. KLC emphasises the need for disaggregated data, indicators and benchmarks to assist in measuring progress in Australia.
Date submitted: 23 March 2015
Submission made to: Department of Justice
KLC supports the right of survivors of child sexual assault to pursue civil litigation, although in KLC’s experience it is not an effective mechanism for providing redress to survivors. KLC submitted that time limits for making a civil claim again an individual perpetrator or institution in all cases of child sexual assault should be removed, and that consideration should be given to removing the limitation in all cases of sexual assault. KLC also submitted that if a time limit is to remain in place, the “disability exception” to the limitation period should be expanded to include the impacts of sexual abuse including trauma, shame, or fear. KLC also argued that any changes made to the Limitation Act which benefits survivors should be retrospective so that survivors who gave evidence at the Royal Commission into Institutional Responses to Sexual Abuse could benefit from the amendment. KLC also recommended that any amendments to the Limitations Act be accompanied by improvements to the existing statutory victims compensation scheme and increased funding to services which assist survivors of child sexual assault.
Date submitted: 13 March 2015
Submission made to: Productivity Commission
KLC responded to the Productivity Commission’s Inquiry into Workplace Relations issues papers. The issues KLC raised include:
- The right to request flexible working arrangements;
- The time limit for dismissal claims;
- Domestic/family violence leave; and
- Protection against discrimination for domestic/family violence survivors and for persons with a criminal record.
Date submitted: 9 March 2015
Submission made to: Royal Commission into Institutional Responses to Child Sexual Abuse Consultation Paper on Redress and Civil Litigation
KLC argued that it supports the creation of a national and uniform redress scheme as this will generally provide a better alternative to civil litigation. KLC submitted that any redress scheme established must be survivor led, and should include counselling and psychological care as a component of redress. KLC argued that it should be a fundamental requirement of any redress scheme that survivors are not re-traumatised by making them jump through unnecessary legal hoops. In relation to civil litigation, time limits in all cases of child sexual assault should be removed across Australia. Laws, including on vicarious liability, need to be reformed to prevent institutions blocking litigation and hiding their assets. KLC also argued that Non-Government, as well as Government, institutions should adopt model litigant principles.
We responded to the Social Housing Discussion Paper about the future of social housing in NSW. In its Discussion Paper, the NSW Government raised concerns about the long waitlists, properties not meeting tenants’ needs because of size, location, modifications and access, tenants of working age staying in public housing for a long time, and the costs of providing and maintaining housing.
On 5 February 2015 KLC held a forum for social housing tenants at the Kooloora Community Centre. The response well exceeded our expectations with over 40 social housing tenants attended the forum. We gave a brief presentation on the Discussion Paper and how the submission process works. In particular we offered participants choice in how they could respond. Participants had the choice of an:
- online submission;
- handwritten submission; or
- video recording.
We offered this choice because not all social housing tenants feel comfortable using a computer and/or they struggle to express themselves in writing. We also believe it is important the NSW Government see and hear directly from social housing tenants. We developed a series of resources to help participants at the forum understand the contents of the Discussion Paper and the questions asked of them. At the forum 3 staff and 5 law students assisted participants to make 10 video, 2 online and 4 handwritten submissions. These were sent directly to the NSW Government as separate submissions. We obtained permission from many of the participants to use their stories in our own submission.
In our submission, we said that the NSW Government needs to improve their consultation processes to make them more accessible to tenants, and to support tenants’ understanding and involvement in the process. We also said that we recognise there are significant problems with the availability and maintenance of social housing. However, we pointed out that a different framework is needed for considering this. We said greater independence for tenants could be achieved through providing holistic, community based services. And we submitted that a fair social housing system gives priority and additional support to the most vulnerable tenants. Adequate funding is essential in creating a sustainable social housing system.
Date submitted: 21 September 2015
Submission made to: Australian Law Reform Commission
KLC made a submission to the Australian Law Reform Commission Freedoms Inquiry. KLC expressed its concern that the framework for “traditional rights and freedoms”, as set out in the Inquiry’s Terms of Reference, excludes other significant rights and freedoms, including the right to be free from discrimination. KLC also expressed our support for the enactment of a national Human Rights Act to address insufficient protections of rights and freedoms at the Commonwealth level. KLC focused on rights and freedoms: freedom of speech, freedom of religion, freedom of association and burden of proof.
Date submitted: 5 January 2015
Submission made to: Department of Family and Community Services
The NSW Government is consulting on the creation of a NSW Disability Inclusion Plan which sets the direction for significant reforms to laws, policies, practices and procedures which affect people living with disability. KLC made recommendations in the area of social housing and education. KLC recommends that the NSW Government increase the availability of public housing for people with disability and that Housing NSW work closely with services that support social housing tenants to ensure they can maintain their tenancies. KLC advocated for better training for teachers and school staff in how to make schools more supportive and accessible for students with disability. KLC argues that students with disability and their parents should not have to resort to discrimination law to enforce their rights at school.
