Symptoms of trauma, perceptions of discrimination, and anger a comparison between Australian indigenous and nonindigenous prisoners

Although the need for the development and provision of culturally appropriate rehabilitation programs for offenders is widely acknowledged, there is a lack of empirical data that can be used as a basis for the development of new programs. This article reports the findings of a comparison of indigenous and nonindigenous male prisoners on a range of measures relevant to the experience of anger by indigenous prisoners in Australia. The results suggest that indigenous participants are more likely to experience symptoms of early trauma, have greater difficulties identifying and describing feelings, and perceive higher levels of discrimination than nonindigenous prisoners. The implications of this work for the development of culturally appropriate and effective anger management programs for indigenous male prisoners are discussed.

Traceability and discrimination among differently farmed fish : a case study on Australian murray cod

The development of traceability methods to distinguish between farmed and wild-caught fish and seafood is becoming increasingly important. However, very little is known about how to distinguish fish originating from different farms. The present study addresses this issue by attempting to discriminate among intensively farmed freshwater Murray cod originating from different farms (indoor recirculating, outdoor floating cage, and flow through systems) in different geographical areas, using a combination of morphological, chemical, and isotopic analyses. The results show that stable isotopes are the most informative variables. In particular, δ13C and/or δ15N clearly linked fish to a specific commercial diet, while δ18O linked fish to a specific water source. Thus, the combination of these isotopes can distinguish among fish originating from different farms. On the contrary, fatty acid and tissue proximate compositions and morphological parameters, which are useful in distinguishing between farmed and wild fish, are less informative in discriminating among fish originating from different farms.

Visual discrimination and reproduction of movement by individuals with an intellectual disability

This study investigates the capacity of individuals with an intellectual disability to make accurate discriminations of computer-generated displays and also to reproduce the characteristics of those displays. The findings suggest that the learning of everyday motor skills in this population may be hampered by difficulties in visually perceiving important characteristics of the demonstration. Procedures, employed for teaching these skills to intellectually disabled, are being reassessed in the light of these findings.

The potential use of otoliths for pilchard stock discrimination

Pilchards were collected from south-eastern Australian waters and aged by counting growth rings on their ear bones (otoliths). Differences in growth and population age structures were compared between regions. The shape characteristics of the ear bones were also examined using rapid, objective, semi-automated methods. Differences between the areas were shown.

Social work and welfare education without discrimination : are we there yet?

The Australian Human Rights Commission (AHRC) has identified education as one of five crucial issues relating to the settlement of African Australians into the Australian community from a human rights perspective (AHRC 2009:5). In this paper I advocate that social work and welfare work in Australia are placed in important and multi dimensioned positions in relation to our complicities, responsibilities and potentialities with this educational human rights issue. As a Technical and Further Education (TAFE) welfare and University social work educator, I offer an outline of the ‘mutual respect inquiry approach’ that developed between myself and Southern Sudanese Australian students as a basis for discussion, reflection and change. I seek to stimulate thinking and action, particularly among those welfare work and social work educators, practitioners and students who identify as critical and anti-oppressive, to consider how these approaches can be realised and reshaped in practice to enhance not only Southern Sudanese Australians' right to education that is 'without discrimination', but indeed all students in our diversity.

Behind the conciliation doors : settling discrimination complaints in Victoria

Settling of discrimination complaints prior to substantive hearing - study of settled complaints in Victoria in the period 2006-07 - use of alternative dispute resolution mechanisms - why parties settle rather than litigate - outcomes of settlement - recommendations for reforming Australia's anti-discrimination laws.

Reducing the burden of proving discrimination in Australia

Mechanisms used in the United Kingdom and Ireland that attempt to overcome the challenges complainants face in proving discrimination - reforms - recommendation that Australia introduce a statutory 'questionnaire procedure' - burden of proof - onus of proof.

Improving the effectiveness of the Sex Discrimination Act: recommendations from the 2008 Senate Inquiry

One way to characterise the Rudd Government’s first year in office would be by the flurry of inquiries and reports that it commissioned. Three related to gender equality. The Productivity Commission conducted an inquiry into a national paid maternity, paternity and parental leave scheme and the House of Representatives Standing Committee on Employment and Workplace Relations conducted an inquiry into pay equity. This article is concerned with a third inquiry — the Senate Standing Committee on Legal and Constitutional Affairs (the committee) inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) (SDA) in eliminating discrimination and promoting gender equality. These inquiries were not the Rudd Government’s only activities in relation to sex discrimination and gender equality. It also enacted legislation which removed discrimination against same sex couples from 68 Commonwealth laws and announced its intention to accede to the Optional Protocol to the International Convention on the Elimination of All Forms of Discrimination against Women.

Against settlement? Owen Fiss, ADR and Australian discrimination law

In his celebrated article, Against Settlement, Owen Fiss objected to settlement for, among other things, securing the peace while not necessarily delivering justice and denying the court the opportunity to interpret the law. Fiss sees settlement as a technique for streamlining court dockets, the civil equivalent of plea bargaining. This paper explores Fiss’s criticisms through the lens of resolving discrimination complaints in Australia. It argues that although it is valuable to offer complainants a system for resolving complaints quickly and informally, especially in a jurisdiction in which complainants are often from marginalised groups, it is also necessary to recognise that this system is limited in how effectively it can develop the law and, by extension, eradicate discrimination. In essence, the system’s operation epitomises Fiss’ opposition to settlement. Modifying the complaint resolution system would improve this situation. The paper concludes by proposing three reforms based on mechanisms used in comparable countries: introducing direct access to the court or tribunal; strengthening ADR by making it voluntary and incorporating a ‘rights-based’ approach; and encouraging the regular publication of specific information about settlements and significant cases.

Victoria paves the way to eliminating discrimination

In April 2010, the Victorian government passed long awaited amendments to the Equal Opportunity Act 1995, which come into force in August 2011. The changes result from a review conducted by former public advocate Julian Gardner. A parallel review examined the exceptions and exemptions. Gardner’s recommendations were aimed at strengthening the Act’s effectiveness in addressing systemic discrimination and promoting substantive equality.Consequently, the Equal Opportunity Act 2010 (Vic) (EO Act 2010) introduces unique mechanisms for addressing discrimination which are worth examining in detail. This note considers the amended definitions of discrimination and focuses on the modifications of the dispute resolution process, new measures to promote substantive equality, and changes to the Victorian Equal Opportunity and Human Rights Commission’s (VEOHRC) functions.Changes to the exception and exemption provisions were examined in an earlier note.

Strategic enforcement of anti-discrimination law : a new role for Australia's equality commissions

In Australia, anti-discrimination law is enforced by individuals who lodge a discrimination complaint at a statutory equality commission. The equality commission is responsible for handling complaints and attempting to resolve them. In most instances, the equality commission cannot advise or assist the complainant; it must remain neutral. In other countries, the equality commission plays a role in enforcement, principally by providing complainants with assistance to resolve their complaint including funding litigation. The equality commission’s assistance function has been most effective when used strategically as part of a broader enforcement program, rather than on an ad hoc basis. This article discusses equality commission enforcement in the United States of America, Britain, Northern Ireland and Ireland and shows how the equality commissions have engaged in strategic enforcement in order to develop the law and secure remedies which benefit the wider community, not only the individual complainant. Based on their experience, it is argued that the Australian equality commissions should play a role in enforcement so that they can tackle discrimination more effectively.

Remedying discrimination : the limits of the law and the need for a systemic approach

Very few discrimination complaints reach the courts each year. As with other civil litigation, the reasons for this include the cost of pursuing litigation and, particularly for complainants, the risk of losing or receiving less than the complainant could have negotiated prior.

Drawing on interviews with lawyers and non-legal advocates in Victoria and an analysis of successful cases in three jurisdictions, this article examines the remedy the court is likely to award in a successful discrimination complaint and considers the effect of this on the eradication of discrimination in society. A comprehensive examination of the remedies awarded in successful discrimination complaints in Victoria over a three year period shows that courts are most likely to order compensation at modest amounts and complainants are not regularly awarded their costs. A comparison with Queensland and the federal system reveals a similar experience. Even in those jurisdictions where wider remedies are available, courts rarely take the opportunity to make broad orders which could affect other similarly situated individuals or deter would-be respondents.

While it is necessary to remedy the complainant’s experience, it is also necessary to address broader, systemic discrimination and a compensation award cannot do this. Remedying discrimination with compensation is primarily a problem because it is reactive. Compensation does not address other instances of discrimination in society or achieve systemic change nor does it encourage compliance because the respondent is not required to take anticipatory action to prevent another complaint.

Based on the interpretive principles and extensive remedies provided in South Africa’s recent anti-discrimination and a study of remedies ordered by the South African Equality Courts and the Irish Equality Tribunal, the article proposes reforms to Australia’s anti-discrimination legislation to enable courts to make wider orders which target other instances of discrimination in addition to remedying the complainant’s experience.

Equal opportunity : dealing with employment discrimination

Experiences with the process of lodging a discrimination complaint with the Australian Human Rights Commission - issues surrounding confidentiality clauses in dispute settlement agreements.