Annual Report 2021–22: Making human rights real

20 December 2022

The Commission’s work over 2021–2022 has been focused on actions that help to make human rights real in a range of contexts and processes, and for population groups who experience discrimination.

As detailed in our most recent Annual Report, we’ve focused on important and impactful projects to make rights real in Victoria.

We help thousands of people each year to better understand and exercise their rights. We also help people to make a complaint if they have been discriminated against, sexually harassed, victimised, or vilified. This year we:

• heard from 8,490 people, raising 12,499 issues of discrimination, human rights, harassment, and vilification
• received complaints from 980 people, raising 1,732 instances of discrimination, sexual harassment, victimisation, vilification and change or suppression practices
• reached 25,743 people across both private and public organisations in 1,709 education sessions.

Recognising the importance of the workplace in the lives of many Victorians, we undertook three major projects over the last year focused on improving workplace equality. Our Independent Review into Workplace Equality at Ambulance Victoria examined the nature, drivers and impact of discrimination, sexual harassment, bullying and victimisation within the organisation.

We also began our investigation into Bakers Delight Holdings’ positive duty to take reasonable and proportionate measures to eliminate workplace sexual harassment.

We also contributed to the decriminalisation of sex work and are now responsible for new protections under the Equal Opportunity Act. Sex workers cannot be discriminated against on the basis of their work or refused accommodation because of their profession.

Our workplace equality efforts also focused on small-to-medium enterprises and achieving gender pay equality. We also redeveloped our sexual harassment prevention and response education program, reaching over 580 participants.

Other work conducted this year was focused on ensuring that human rights were central to government decision-making and processes. Examples of this include our intervention in a VCAT case that considered the extent to which guardians can authorise that force be used to administer medication to people under their guardianship. Our position was adopted by VCAT, resulting in restraint only be used where strictly necessary and with a system of oversight to ensure that limits on people’s rights are reasonable, justified and in accordance with law.

We also continued to deliver our Charter Education Program to build human rights capability across the Victorian Public Service. It’s the state-leading program to build human rights culture.

We intervened in senior Djab Wurrung woman Marjorie Thorpe’s case to stop the construction of part of the Western Highway Duplication through what Ms Thorpe argued was sacred Aboriginal land. We intervened in the case to assist the court in its interpretation of the Charter.

We intervened in the coronial inquest into the death in custody of Veronica Nelson, a proud Gunditjmara, Dja Dja Warrung, Wiradjuri and Yorta Yorta woman. We made submissions to assist the coroner to apply the Charter to the facts before him when making findings and recommendations, and look forward to the outcome of that intervention in due course.

We also took action to play our part in implementing recommendations from the previous coronial inquest into the death of Tanya Louise Day, conducting a review of the human rights training that police and custody officers receive to protect the rights of Aboriginal people in police custody.

Responding to the considerable harm that racism continues to cause to many in Victoria, we engaged deeply with multicultural and multifaith communities across Victoria to understand and respond to the increased reports of racial discrimination and vilification during the COVID-19 pandemic.

We ran over 400 information sessions with community, developed in language podcasts and released a short-film, the Anti-Racism Race, to educate and raise awareness. We also advised the anti-racism taskforce, informing a state-wide anti-racism strategy.

Our work to prepare for the Change or Suppression (Conversion) Practices Prohibition Act 2021 (which commenced on 17 February) was undertaken to ensure that all people, regardless of their sexual orientation or gender identity are able to their lives authentically and with dignity.

We can now receive reports of practices, facilitate outcomes (based on the wishes of the reporter), conduct investigations, and provide education and information services.

Contact us if you need a more accessible version of the report.