Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts

Monday 27 February 2017

Redfern Statement revisited in 2017




Media Release, 14 February 2017:

Australia’s leading Aboriginal and Torres Strait Islander peaks will today demand a new relationship with government as they deliver the historic Redfern Statement direct to the Prime Minister at Parliament House.

In the lead up to today’s 9th Closing the Gap Report to Parliament, the leaders will call on the Prime Minister to support the historic Redfern Statement, a road map to better address the appalling disadvantage gap between Australia’s First Peoples and non-Indigenous Australians by working with them as genuine partners.

National Congress of Australia’s First Peoples’s co-chair Mr Rod Little comments:

“After 25 years, eight Federal election cycles, seven Prime Ministers, eight Ministers for Indigenous Affairs, 400 recommendations, and countless policies, policy changes, reports, funding promises and funding cuts it’s time to draw a line in the sand.

“We need a new relationship that respects and harnesses our expertise, and guarantees us a seat at the table as equal partners when governments are making decisions about our lives.”
– Rod Little, National Congress of Australia’s First Peoples co-chair

The Redfern Statement was released during last year’s Federal Election campaign on 9 June by Aboriginal and Torres Strait Islander leaders from health, justice, children and families, disability, and family violence prevention services.

The statement calls for changes across these sectors through structured engagement with Aboriginal and Torres Strait Islander people, and is supported by more than 30 major mainstream organisations including the Australian Medical Association and Law Council.

National Congress of Australia’s First Peoples’s co-chair Dr Jackie Huggins said Aboriginal and Torres Strait Islander organisations have worked with our people on the ground for decades and have shown they have solutions.

“Aboriginal community-controlled health organisations deliver 2.5 million episodes of care a year in their local communities – and are the only health and leadership models making inroads on Close the Gap targets.

“Our teachers, education professionals and family violence experts are delivering real results on the ground in their communities every single day – despite chronic underfunding and an ad hoc policy approach based on three-year election cycles.

“Today we are seeking a new relationship, a genuine partnership and a commitment to ongoing structured engagement.”
– Dr Jackie Huggins, National Congress of Australia’s First Peoples co-chair

Read the full Redfern Statement.

Monday 6 February 2017

Trump to build The Wall and start roundup and gaoling of undocumented immigrants in the face of strong resistance


The Guardian, 26 January 2017:

An executive order on “sanctuary cities” signed by Donald Trump on Wednesday has placed in the crosshairs over 400 cities and counties that offer some form of safe haven to America’s 11 million undocumented migrants.

These localities include some of the largest, most progressive metropolises in the United States, many of which have already begun preparations to fight one of Trump’s most aggressive campaign pledges– to force compliance with federal immigration agencies in a bid to ramp up deportations. The beginnings of that pledge have now been formalised by executive action within Trump’s first week in office.

The order issued on Wednesday claims these jurisdictions “willfully violate federal law” causing “immeasurable harm to the American people”, and instructs the Department of Homeland Security (DHS) and the US Department of Justice (DoJ) to explore which cities could be in violation of federal law and ways of stripping sanctuary jurisdictions of federal grant money, which amounts to billions of dollars across many different federal departments.

The order also instructs the US attorney general to explore “appropriate enforcement action” against any local government agency it deems to be in violation of a broad federal law that encourages – but does not compel – communication between local authorities and the DHS.

Trump’s mandate also issues an extraordinary instruction to the DHS to publish a weekly list of so-called “criminal actions” committed by undocumented migrants and publicly announce which jurisdictions had previously “ignored or otherwise failed” to detain the accused individuals.

The City and County of San Francisco is suing President Trump, the Secretary of the Dept. of Homeland Security and the Acting Attorney General alleging that the Executive order of 25 January 2017 titled Enhancing Public Safety in the Interior of the United States violates the Tenth Amendment of the U.S. Constitution and that In blatant disregard of the law, the President of the United States seeks to coerce local authorities into abandoning what are known as “Sanctuary City” laws and policies.

On 31 January 2017 the City Attorney Dennis Herrera stated:

The president’s executive order is not only unconstitutional, it’s un-American…. That is why we must stand up and oppose it. We are a nation of immigrants and a land of laws. We must be the ‘guardians of our democracy’ that President Obama urged us all to be in his farewell address.....

This lawsuit is not a step I take lightly…..But it is one that is necessary to defend the people of this city, this state and this country from the wild overreach of a president whose words and actions have thus far shown little respect for our Constitution or the rule of law. This country was founded on the principle that the federal government cannot force state and local governments to do its job for it, like carrying out immigration policy.  I am defending that bedrock American principle today.....

The Trump administration falsely believes that sanctuary cities harbor criminals and make communities unsafe.  To the contrary, any persons who is booked in San Francisco has their fingerprints sent to the federal government. If the federal government has a criminal warrant for that person, San Francisco complies with that.  Moreover, sanctuary cities have less crime, fewer people in poverty and lower unemployment than other counties, according to a recent study by Tom K. Wong, an associate professor of political science at the University of California, San Diego. There are, on average, 35.5 fewer crimes committed per 10,000 people in sanctuary jurisdictions compared to non-sanctuary counties, according to Wong’s findings in a report for the Center for American Progress. 

On 3 February 2017 The Globe and Mail reported:

Tom Cochran, the chief executive of the U.S. Conference of Mayors, said he has never seen an atmosphere like this in his four decades at the organization, not even in the waning days of the Nixon administration. “It’s totally different from anything we’ve ever seen,” he said.

Mr. Cochran said his group is pushing back against Mr. Trump’s executive order on sanctuary cities, both in public and in private. He has requested a meeting with the new Secretary of Homeland Security, John Kelly, who has much of the responsibility for implementing the sanctuary cities order. Mr. Cochran intends to bring city police chiefs to the meeting to explain why they feel fostering trust between immigrant communities and law enforcement is important for public safety.

Some cities are disputing that the Trump definition of a "sanctuary city" applies to them.

BACKGROUND


Sunday 5 February 2017

Trump's fifth executive order is challenged for the sixth time in seven days


On 27 January 2017 U.S. President Donald Trump issued Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States and on the basis of its provisions an est. 60,000-100,000 entry and stay visas were provisionally revoked immediately.

I do not think that Trump thought that resistance to his immigration policies would see at least fifty court filings to date and, in relation to this particular executive order would see six judges issue temporary restraining orders of varying lengths.

This is the latest:

State of Washington vs. Donald J. Trump, et al
Subject Matter: Civil Rights

The State of Washington (State) filed this action challenging the President’s Executive Order on immigration of January 27, 2017. The State seeks a finding that certain sections of the Executive Order are contrary to the Constitution and laws of the United States, and enjoining Defendants from implementing or enforcing those sections. The State further seeks entry of a nationwide temporary restraining order. The hearing on this matter was conducted on February 3, 2017.

Judge James L. Robart presiding

The State of Washington’s complaint for declaratory and injunctive relief is 14 pages long with supporting documentation which included the Donald J. Trump Statement on Preventing Muslim Immigration.

The complaint in part alleges that:

President Trump’s actions and that of the U.S. federal government were illegal and violated the equal protection guarantee of the Fifth Amendment of the U.S. Constitution;

they were depriving individuals of their liberty interests without due process of law; 

the Immigration and Nationality Act  prohibits discrimination in the issuance of immigrant visas on the basis of race, nationality, place of 18 birth, or place of residence;

in violation of provision in the Immigration and Nationality Act the Executive Order suspends all immigrant and 7 non-immigrant entry into Washington by individuals from seven countries and forecloses their ability to apply for asylum and withholding of removal, as well as foreclosing their ability to apply for relief under the Convention Against Torture;

the Executive order was motivated by animus and a desire to hurt a particular group; and

it was Trump’s intention to ban immigration and/or travel based on an individual’s Islamic faith and prioritise immigration from Middle Eastern countries based on an individual’s Christian faith.

On 3 February federal judge James L. Robart issued a nation-wide restraining order (with no identified end date) which blocks enforcement of Trump’s 27 January 2017 Executive Order effective immediately.
Tro by zerohedge on Scribd

The White House response was typically indiscreet and was later amended to remove the description of the court’s judgment as “outrageous”.

The next court hearing date is yet to be set or Monday, 6 February 2017.

UPDATE

Trump's tweeted reaction to the Robart restraining order - commencing 11:59 PM on 4 Feb 2017:



Tuesday 10 January 2017

Is living in aged care in Australia bad for your mental health?


An estimated 10–15% of older Australians who live in the community experience anxiety or depression (Haralambous et al. 2009). However, research has shown that certain sub-groups of the older population are at higher risk of experiencing poor mental health. For example, just over half (52% or 86,736) of all permanent aged care residents at 30 June 2012 had mild, moderate or major symptoms of depression when they were last appraised (AIHW 2013). [Australian Government, Australian Institute of Health and Welfare, Australia’s welfare 2015]

The Sydney Morning Herald, 7 January 2017:

Tens of thousands of elderly Australians are being  denied effective public health treatments because they live in nursing homes, with experts labelling it a "disgrace" and "blatantly discriminatory".

A Fairfax Media investigation has revealed the mental health of aged-care residents suffers as a result of widespread neglect that legal and health experts attribute in large part to a   "ridiculous" Medicare rule.

Under the rule almost all nursing home residents are denied GP mental health treatment plans and associated psychological therapies provided to other Australians under the Better Access Medicare program, because the government deems residents not to be patients "in the community".

Despite extreme rates of mental illness in nursing homes – with about 82,000 of 176,000 residents estimated to suffer a mental illness (excluding dementia) or significant mental distress – the Turnbull government reaffirmed the regulatory exclusion late last year.

While the government says its funding mechanism assesses depressed residents' care needs, a Fairfax Media investigation has discovered the homes almost never pay for clinical mental health treatments and experts say the government has neither legally compelled nor adequately funded them to do so.

Audits by Sydney and Deakin universities have repeatedly found that fewer than 2 per cent of residents suffering depression have received psychological treatments, such as cognitive-behavioural therapy,  that are clinically recommended for most depression experienced in the aged-care setting…..

Royal Australian College of GPs president and University of Tasmania clinical professor Bastian Seidel agreed the denial of treatment was "systematic" because "the data is out there" and he called for the removal of the Medicare exclusion.

Researchers have found only about half of all residents with depression receive treatment of any kind, whether from psychologists or other clinicians, and that almost all of those are put on antidepressants by GPs, despite their use in the elderly being linked to serious adverse effects, including falls and fractures.

Stigmatising attitudes and ignorance about mental healthcare have also been found to be widespread among nursing home staff, with unpublished Swinburne University survey data suggesting staff commonly dismiss depressed residents as "attention seeking" and lack basic knowledge about mental illness.

While many residents arrive in homes with depression or other mental disorders, others struggle mentally due to challenges experienced in care, such as chronic pain, disabling and terminal medical conditions, progressive loss of brain function and the loss of social role and sense of identity.

"There are commonly acute adjustment disorders … [involving] bereavement, grief, loss," said Adelaide older persons GP Johanna Kilmartin, who described the Medicare restriction as ridiculous.

"You lose your family home [for] … one tiny little room … so you've lost all your material possessions; you've lost your health, because that's why you've moved in; often you've lost your spouse as well.

"This is when you need [psychological help] … [but] we've got the opposite"……

A spokesman for the Department of Health said while Commonwealth-funded residents – understood to be all or almost all aged-care residents – were not eligible for Better Access services, the government's aged-care funding instrument "assesses residents' care needs, including in relation to depression".

He said approved homes were required to "facilitate … access" for residents to health practitioners of their choosing and gave as an example "arranging transport".

But the dean and head of the University of South Australia's law school Wendy Lacey slammed the "weasel words" of the Aged Care Act's care "principles", saying there was "a complete absence of any positive and mandatory legal obligation on the part of facilities to take proactive measures to promote mental health and wellbeing of their residents".

There was "no legal obligation on the residential care provider to pay" for mental health services, and the "current exemptions" –  arising from the Aged Care Act and Medicare regulation – were "a blatant denial of human rights involving discrimination on the basis of age and infirmity".

Australian Catholic University senior research fellow Tanya Davison, whose research has found that half of all clinical cases of depression received no treatment of any kind, cited funding "that runs out very quickly" as among contributing factors to the "critically low" psychological therapy levels…..

The Conversation, 28 July 2015:

More than half (52%) of aged care residents have symptoms of depression, compared with 10-15% of older people living in the community. As well as feelings of sadness and low mood, aged care residents with depression feel uninterested in activities, hopeless about the future, guilty about the past and may desire death.

Some actively contemplate taking their own lives. The prevalence rate of suicidal thoughts in residential aged care settings can be as high as 46%. This is more than three times the rate found in older adults who are housebound but in the community.

People entering residential aged care facilities are, on average, older than those living in the community. They have more complex care needs due to physical and cognitive difficulties. They may also have difficulties adjusting to their loss of independence and routine. These factors all increase their risk of depression and suicidal ideation.

However, mental illness often remains undetected among aged care residents.

There are several reasons for this. People living in residential aged care usually have complex care needs, making the identification of depression difficult, as the emotional symptoms become confused with those of other conditions. Older people are also less likely than younger people to recognise their own symptoms, often attributing them to normal ageing.

Further, although facility-based carers are in a position to act as informants, they often lack the training to detect symptoms of depression and do not routinely screen for suicide ideation.

Depression is a manageable condition and the symptoms can be improved or managed through therapy and medication. Medications are effective but are often associated with side effects, and for older adults may not be recommended alongside some other medications and conditions.

Yet, when residents are recognised to have symptoms of depression, they are often only prescribed medications (particularly antidepressants) despite the effectiveness of non-medication approaches. Research shows interventions such as cognitive behavioural therapy (a talk therapy that addresses how you think and act) are at least equally effective as anti-depressants for improving late-life depression.

BACKGROUND

National Ageing Research Institute, Depression in older age: A scoping study, Final Report, September 2009:

4.1 Depression and anxiety in older people

It is a common misconception that depression is a normal part of ageing, but the evidence shows that multiple health problems often account for any initial association between depression and older age (Baldwin, 2008; Baldwin, Chiu, Katona, & Graham, 2002). Depression is essentially the same disorder across the lifespan, although certain symptoms are accentuated and others are suppressed in older people. For example, older people with depression typically report more physical symptoms and less sadness compared to younger people with depression (Baldwin, 2008; Chiu, Tam & Chiu, 2008). Additionally, psychotic symptoms, melancholia, insomnia, hypochondriasis, and subjective memory complaints are more likely to occur in older people with depression compared to younger people with depression (Baldwin, 2008; Baldwin et al., 2002). A recent review found that when confounding variables are controlled (for example, age at study entry), remission rates of depression in patients in late-life are not different from those in midlife, although relapse rates appear higher in older people (Mitchell & Subramaniam, 2005).

Anxiety disorders are also common among older people. However, research in this area is less compared to research undertaken in other mental disorders in older people, such as depression (Wetherell, Maser, & van Balkom, 2005). Of the anxiety disorders, phobic disorders and generalised anxiety disorder (GAD) are the two most common in older people (Beyer, 2004; Bryant et al., 2008; Rodda, Boyce, & Walker, 2008). There has been a certain amount of clinical interest in post-traumatic stress disorder (PTSD), because the survivors of the Second World War and the Holocaust are now well into old age. Moreover, Vietnam Veterans are also approaching old age with well-documented high levels of psychopathology (Owens, Baker, Kasckow, Ciesla, & Mohamed, 2005) that can also have serious effects on the mental health of family members (Galovskia & Lyons, 2003). Prevalence data on PTSD, however, are very limited (Sadavoy, 1997). American studies of Holocaust survivors have found that up to 46% meet criteria for PTSD (Sadavoy, 1997). Weintraub and Ruskin (1999)’s review emphasises the similarities between PTSD in older and younger groups. Other authors have disputed this, and further research is required to establish how different the presentation of PTSD is in older adults from that in younger people.

A recent Australian study found that 11.6% of men and 8.6% of women aged over 65 reported re-experiencing symptoms associated with past events (DSM IV criteria), and concluded that quality of life may be significantly affected in this group (Creamer & Parslow, 2008). This study highlights some of the difficulties in the application of the DSM IV criteria to older adults.

Research on interventions for older people with PTSD is very limited indeed. A recent review of assessment and treatment of PTSD in older combat veterans identified only five studies of psychotherapeutic intervention (Owens et al., 2005). All of these were case studies. A literature search carried out for this review did not identify any randomised controlled trials of psychological intervention for older people diagnosed with PTSD.

Comorbidity of depression and anxiety disorders is highly prevalent (Beekman et al., 2000). A community-based study in the Netherlands found 47.5% of older people with major depressive disorders also met criteria for anxiety disorders, whereas 26.1% of those with anxiety disorders also met criteria for major depressive disorders (Beekman et al., 2000). Mixed anxiety and depressive disorders (where symptoms of both anxiety and depression do not reach diagnostic criteria for either disorder) also frequently occur in older people (Chiu et al., 2008; Rodda et al., 2008). Older people with depression have a 35% lifetime and 23% current prevalence of a co-morbid anxiety disorder (Beyer, 2004). Furthermore, when anxiety symptoms first occur in a person over 60 years of age with no history of anxiety, it generally suggests underlying depression (Baldwin, 2008; Chiu et al., 2008). Indeed, it is quite uncommon that people develop late-onset anxiety disorders for the first time in later life (Chiu et al., 2008), although there are researchers who disagree with this (Wetherell, Maser et al., 2005). Older people with co-morbid depression and anxiety typically have more severe depressive symptoms, an increased likelihood of suicide ideation, lower social functioning (Beyer, 2004; Rodda et al., 2008) and poorer outcome (Schoevers, Beekman, Deeg, Jonker, & van Tilburg, 2003)…..

The 2007 National Survey of Mental Health and Wellbeing found that the 12-month prevalence for depression and anxiety was 2% and 5%, respectively for older people living in private dwellings (Australian Bureau of beyondblue depression in older age: a scoping study. Final Report - National Ageing Research Institute (NARI), September 2009 - 13 - Statistics, 2008). Another Australian study found that the prevalence of depression was 8.2% among a sample of 22,252 community-dwelling older people (Pirkis et al., 2009). However, the prevalence rate is much higher in residential aged care facilities and a recent Australian study found that 34.7% of aged care residents suffered from depression (Snowdon & Fleming, 2008).

Monday 9 January 2017

Remembering Australia's history



Saturday 17 December 2016

The national shame of 2-4 August 2014 should never ever be repeated


"It is profoundly disturbing to witness the appalling treatment of this young woman at the Lock-Up on 4 August 2014. In her final hours she was unable to have the comfort of the presence of her loved ones, and was in the care of a number of police officers who disregarded her welfare and her right to humane and dignified treatment." [Excerpt from Western Australia State Coroner, coronial finding, 16 December 2016]

Friday 16 December 2016

Will the Abbott-Turnbull policy horror stories never stop?


The Liberal and National parties blindly driven by ideology and riddled with far-right extremists have altered existing social policies (sometimes out of all recognition) or created new punitive policies, which are increasing the distress of the old, the disabled, the sick, low income earners, the unemployed and indigenous people.

Here is yet another bad news story about the effect of these policies……..

ABC News, 3 December 2016:

The Federal Government's remote work-for-the-dole scheme is devastating Indigenous communities, with financial penalties causing insurmountable debt and social division, a report has found.

The Australian National University researchers described Indigenous Affairs Minister Nigel Scullion's Community Development Programme (CDP) as a "policy disaster".

ANU researcher and co-author Dr Kirrily Jordan said financial penalties were being applied unfairly and an example of this could be found in the Ngaanyatjarra Lands in Western Australia.

"The rental arrears across the whole lands, across 12 communities, have gone up from $50,000 to $350,000, in the short space of time since CDP's been introduced," she said.

ANU researcher Dr Inge Kral said she had spent 30 years working in remote communities and the latest scheme had left people struggling to feed themselves.

"People with no money in families, there's no money for food, there's certainly no money for clothes — people are starving, people are begging," she said.

"The whole infrastructure around stores is collapsing because there isn't the reliable secure income coming in."

According to the ANU report, the Centrelink-based system is impractical and devised by Canberra bureaucrats who are out-of-touch with remote community life.

Ms Kral also said people in remote areas were not being properly assessed for the disability pension and could be on the phone to Centrelink for "days", with little regard for language barriers.

"We are not kidding. This is not made up. People sit there for days," she said.

"Someone told me a story the other day about a man who really should be on a disability pension.

"They're now without money, they're on an eight-week no-payment penalty, they haven't eaten for three days, they've got no money coming in and they can't effectively engage with Centrelink by themselves.".

The scheme applies to about 34,000 people, mostly Indigenous, across Australia and was introduced by Mr Scullion in July last year.

CDP increased the number of work hours required for welfare payments to 25 per week, for at least 46 weeks a year.

Wednesday 7 December 2016

United Nations requests Governments of Sweden and United Kingdom to allow Julian Assange "freedom of movement"



The United Nations Working Group on Arbitrary Detention has concluded its 77th regular session from 21 to 25 November in Geneva.

The Working Group has a mandate to investigate allegations of individuals being deprived of their liberty in an arbitrary way or inconsistently with international human rights standards, and to recommend remedies such as release from detention and compensation, when appropriate.

During the session, the Working Group adopted 18 opinions concerning 43 persons deprived of liberty. The adopted opinions will be transmitted to the Governments concerned and the sources. These opinions will also be published on the website of the Working Group.

The UN expert group also considered four requests for review* of previous opinions, submitted by the Arab Republic of Egypt, the State of Kuwait and the United Kingdom of Great Britain and Northern Ireland. The Working Group concluded that the requests did not meet the threshold of a review as enshrined in paragraph 21 of its methods of work,** and that they were thus not admissible.


Disposition

In the light of the foregoing, the Working Group renders the following opinion: The deprivation of liberty of Julian Assange is arbitrary and in contravention of articles 9 and 10 of the Universal Declaration of Human Rights and articles 7, 9 (1), (3) and (4), 10 and 14 of the International Covenant on Civil and Political Rights. It falls within category III of the categories applicable to the consideration of the cases submitted to the Working Group.

Consequent upon the opinion rendered, the Working Group requests the Governments of Sweden and the United Kingdom to assess the situation of Mr. Assange, to ensure his safety and physical integrity, to facilitate the exercise of his right to freedom of movement in an expedient manner and to ensure the full enjoyment of his rights guaranteed by the international norms on detention.

The Working Group considers that, taking into account all the circumstances of the case, the adequate remedy would be to ensure the right of free movement of Mr. Assange and accord him an enforceable right to compensation, in accordance with article 9 (5) of the International Covenant on Civil and Political Rights. [Adopted on 4 December 2015]

Tuesday 22 November 2016

America begins to gird for battle against Trump's ideological excesses


The American Civil Liberties Union (ACLU) was founded in 1920 and by its own reckoning now is the “leading civil liberties advocate in the Supreme Court. With over 200 staff attorneys and an extensive network of cooperating attorneys, we handle thousands of cases each year on behalf of clients whose rights have been violated”.

On 11 November 2016 it threw down the gauntlet in what may become the biggest battle to retain the full gamut of civil liberties and human rights in America since the 1960s.

Click on image to enlarge

At 7:01 AM on 18 Nov 2016 ACLU tweeted this:


On  the same day the ACLU website displayed this banner.


Thursday 17 November 2016

The 7th Overcoming Indigenous Disadvantage report released today


Australian Government, Productivity Commission, 17 November 2016:

In April 2002, the Council of Australian Governments commissioned the Steering Committee to produce a regular report against key indicators of Indigenous disadvantage. The Steering Committee is advised by a working group made up of representatives from all Australian governments, the National Congress of Australia's First Peoples, the Australian Bureau of Statistics and the Australian Institute of Health and Welfare.

The Overcoming Indigenous Disadvantage report measures the wellbeing of Australia's Indigenous peoples. The report provides information about outcomes across a range of strategic areas such as early child development, education and training, healthy lives, economic participation, home environment, and safe and supportive communities. The report examines whether policies and programs are achieving positive outcomes for Indigenous Australians.

The most recent edition of the report is, Overcoming Indigenous Disadvantage: Key Indicators 2016, released on Thursday 17 November 2016.

ABC News, 17 November 2016:

The report points to a failure of policy and oversight, with the commission estimating only 34 of 1,000 Indigenous programs are been properly evaluated by authorities.

Productivity Commission deputy chair Karen Chester told the ABC's AM program the findings are a wake up call for all levels of government about the reality of Indigenous wellbeing and whether the $30 billion budget is being properly spent.

"You want to know that money is being spent not just in terms of bang for buck for taxpayers, but that we're not short-changing Indigenous Australians," Ms Chester said.

"Of over a thousand policies and programs, we could only identify 34 across the whole of Australia that have been robustly and transparently evaluated.

"At the end of the day, we can't feign surprise that we're not seeing improvement across all these wellbeing indicators if we're not lifting the bonnet and evaluating if the policies and programs are working or not."

The report is being billed by the commission as "compulsory reading" and the most comprehensive report on Indigenous wellbeing undertaken in Australia….

But Ms Chester says it was now up to state, territory and federal governments to take the report on board to determine what is working and what is failing.

"I think the clock has been ticking for a while already," Ms Chester said.

"We have the data, we have the analysis and we know what indicators are linked to the others."

While the report includes case studies of examples of "things that work", it says the small number available underscores the lack of Indigenous programs that are being rigorously evaluated for effectiveness.


Key points

 This report measures the wellbeing of Aboriginal and Torres Strait Islander Australians, and was produced in consultation with governments and Aboriginal and Torres Strait Islander Australians. Around 3 per cent of the Australian population are estimated as being of Aboriginal or Torres Strait Islander origin (based on 2011 Census data).

 Outcomes have improved in a number of areas, including some COAG targets. For indicators with new data for this report:
– Mortality rates for children improved between 1998 and 2014, particularly for 0<1 year olds, whose mortality rates more than halved (from 14 to 6 deaths per 1000 live births).
– Education improvements included increases in the proportion of 20–24 year olds completing year 12 or above (from 2008 to 2014-15) and the proportion of 20–64 year olds with or working towards post-school qualifications (from 2002 to 2014-15).
– The proportion of adults whose main income was from employment increased from 32 per cent in 2002 to 43 per cent in 2014-15, with household income increasing over this period.
– The proportion of adults that recognised traditional lands increased from 70 per cent in 2002 to 74 per cent in 2014-15.

 However, there has been little or no change for some indicators.
– Rates of family and community violence were unchanged between 2002 and 2014-15 (around 22 per cent), and risky long-term alcohol use in 2014-15 was similar to 2002 (though lower than 2008).
– The proportions of people learning and speaking Indigenous languages remained unchanged from 2008 to 2014-15.

 Outcomes have worsened in some areas.
– The proportion of adults reporting high levels of psychological distress increased from 27 per cent in 2004-05 to 33 per cent in 2014-15, and hospitalisations for self-harm increased by 56 per cent over this period.
– The proportion of adults reporting substance misuse in the previous 12 months increased from 23 per cent in 2002 to 31 per cent in 2014-15.
– The adult imprisonment rate increased 77 per cent between 2000 and 2015, and whilst the juvenile detention rate has decreased it is still 24 times the rate for non-Indigenous youth.

 Change over time cannot be assessed for all the indicators — some indicators have no trend data; some indicators report on service use, and change over time might be due to changing access rather than changes in the underlying outcome; and some indicators have related measures that moved in different directions.

 Finally, data alone cannot tell the complete story about the wellbeing of Aboriginal and Torres Strait Islander Australians, nor can it fully tell us why outcomes improve (or not) in different areas. To support the indicator reporting, case studies of 'things that work' are included in this report (a subset in this Overview). However, the relatively small number of case studies included reflects a lack of rigorously evaluated programs in the Indigenous policy area.

Thursday 10 November 2016

The government's attack on Australian Human Rights Commission president continues unabated


On 28 May 2013 a small group of students sought to use facilities at the dedicated Oodgeroo Unit within the Queensland University of Technology (QUT) and were asked to leave.   

The subsequent comments of one or more QUT students on Facebook resulted in a complaint to the Australian Human Rights Commission by a university administrative employee under the Racial Discrimination Act 1975.

Conciliation between the parties under the auspices of the Commission failed by August 2015 and, the employee then made application to the Federal Circuit Court Of Australia in Prior V Queensland University Of Technology & Ors to seek what she obviously thought was justifiable legal remedy.

The judgment dismissed that part of the application brought against three students under s18C of the Racial Discrimination Act. However the remainder of the matter involving a fourth student and the university and its named employees is next before the court on 21 November 2016 in what appears to be a directions hearing.

The Turnbull Government leaped on this summary judgment to continue its public attack on Human Rights Commission President Gillian Triggs – which had commenced in earnest in February last year - culminating this month in Malcolm Bligh Turnbull raising the possibility of sections of the Racial Discrimination Act 1975  being reviewed and possibly amended and suggesting that the Commission had damaged its credibility.

A swift response came from the Australian Human Rights Commission in the form of a media release on Monday 7 November 2016:

There has been considerable public interest in the Commission’s complaint handling processes under the Australian Human Rights Commission Act 1986.  There has been particular interest In the Commission’s handling of complaints under the Racial Discrimination Act 1975. 

In relation to the recent QUT case, it is a matter of public record that the Commission terminated this matter in August 2015. The Commission has had no role in the subsequent law suit in the Federal Circuit Court.

At no stage does the Commission initiate or prosecute a complaint. If the Commission receives a complaint in writing alleging a discriminatory act, the Act provides that the Commission must investigate the facts and attempt to conciliate the matter.

The Commission’s focus is on resolving disputes so parties can avoid court proceedings. Of complaints where conciliation was attempted, 76% were successfully resolved in 2015-16.

Only 3% of complaints finalised by the Commission were lodged in court. For example, of the over 80 complaints finalised under the racial hatred provisions of the Racial Discrimination Act last year, only one proceeded to court at the initiation of the complainant.

In the 2015-16 reporting year the average time it took the Commission to finalise a complaint was 3.8 months. In that same reporting year, 94% of surveyed parties were satisfied with the Commission’s service.

The Commission has no judicial powers, and it makes no legally binding determinations as to whether unlawful acts have occurred. The Commission has no statutory power to prevent a complainant proceeding to court once the Commission terminates the complaint. 

The Commission has provided advice to successive governments and Attorneys-General on amendments to the Australian Human Rights Commission Act.  In particular, the Commission has asked for amendments to streamline the process by raising the threshold for accepting complaints.

Refutation of the Turnbull Government's position is also found elsewhere.

Excerpts from Castan Centre for Human Rights LawOfficial Blog, 7 November 2016:

This is all the Australian Human Rights Commission and/or Professor Gillian Triggs’ fault

No it isn’t. The AHRC is not a party in the Prior litigation. Professor Triggs is not acting for Ms Prior (Ms Prior has engaged her own solicitors and counsel). And the student respondents were not in the case because the AHRC put them in there; they were in there because the applicant, Ms Prior, sued them when proceedings were commenced in the Federal Circuit Court in October 2015.

Applicants bring proceedings for discrimination (including under section 18C), not the AHRC. There is one applicant in the proceedings and it is Ms Prior.

If the claims were lacking in substance, the AHRC should have thrown them out – they should never have got to the Court

In order to bring a claim for unlawful discrimination under Federal legislation, the AHRC is the first step in the process. A complaint is made to the AHRC, and the AHRC will then try to resolve the complaint by assisting the parties to reach an agreement for resolution. If the complaint can’t be resolved, the AHRC “terminates” the complaint, and the complainant can then take the terminated complaint off to the Federal Court or the Federal Circuit Court to start a court case.

The AHRC cannot decide discrimination claims, because the AHRC is not a court – it doesn’t have any judges and it doesn’t have the power to impose a resolution on the parties to the complaint. The AHRC cannot decide that a complaint is hopeless and should go no further. The AHRC cannot decide that a complaint will invariably succeed and award damages to the complainant. The function of the AHRC is to investigate (and, if possible, to conciliate), not to decide. The deciding needs to happen in a place where Federal judicial power can be exercised, namely, in the Federal Court or the Federal Circuit Court.

It is true that there are many different grounds on which the AHRC (acting through a delegate of the President of the AHRC) can “terminate” a complaint (which is the necessary precondition for the matter to go to a Federal court). Those grounds include that the delegate “is satisfied that the alleged unlawful discrimination is not unlawful discrimination” or “is satisfied that the complaint was trivial, vexatious, misconceived or lacking in substance”.

According to press reports, Ms Prior’s complaint was terminated on the more commonly used ground that the delegate was “satisfied that there is no reasonable prospect of the matter being settled by conciliation”.

Shouldn’t the AHRC should have taken the harder line? For two reasons, no.

The first is that it wouldn’t have made a blind bit of difference. Ms Prior’s right to commence court proceedings would have been exactly the same regardless of the ground on which the complaint was terminated by the delegate. Ms Prior decided, presumably with the benefit of legal advice from the experienced firm of employment lawyers who are acting for her, to commence proceedings against all of the respondents. That was a choice which the AHRC could not have denied her, regardless of what view was expressed by the President or her delegate as to the merits of the claim at the time the complaint was terminated.

The second is that Ms Prior’s complaint is still continuing against four of the respondents (including QUT, who are also represented by highly experienced employment lawyers). Those respondents did not seek to have the claims against them struck out summarily, which suggests that Ms Prior’s claim as a whole could not be properly have been described, at the time the complaint was terminated, as hopeless.

The case proves that section 18C is terrible and must be abolished

Good luck trying to make that one work, given the basis on which the respondents succeeded in convincing the court to dismiss the claims against them. The two respondents who succeeded on the basis of the Court’s analysis of section 18C succeeded on the basis that (a) their Facebook posts were not made “because of” Ms Prior’s (or anyone else’s) race and (b) the posts were not reasonably likely to give rise to offence, insult, humiliation or intimidation.

In making those findings, the Federal Circuit Court expressly referred to the jurisprudence of section 18C to the effect that the section does not extend to “mere slights” but requires “profound and serious effects”. (This is jurisprudence which needs to be mostly ignored in order to advance the case that the words “offend” and “insult” somehow create an overly broad restriction on free speech).

The final respondent succeeded on the basis that there was no evidence that he had made the Facebook post alleged to constitute the breach of section 18C, which has nothing to do with the section, and everything to do with orthodox principles of establishing a “no case to answer submission”. In any litigation, successful defendants will feel aggrieved at having been put to the time and expense of defending claims which failed. However, the fact that a claim fails does not mean that the law used to bring the claim should be demolished.

No-one sensibly suggests dismantling the law of defamation every time a defamation plaintiff loses, or suggests tearing up the law of torts every time a personal injury plaintiff is unsuccessful. For the same reason, it is hard to see any sensible legal basis to suggest that the decision of the Federal Circuit Court last Friday should affect anyone other than the parties to the claim. If only the ability to distinguish “sensible legal basis” from “nonsense” was a precondition to publishing on the topic of section 18C . . .