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211
Ensure effective provision of information on anti-discrimination laws
That the Human Rights and Equal Opportunity Commission and State Equal Opportunity Commissions should be encouraged to further pursue their programs designed to inform the Aboriginal community regarding anti-discrimination legislation, particularly by way of Aboriginal staff members attending at communities and organizations to ensure the effective dissemination of information as to the legislation and ways and means of taking advantage of it.
I think the other thing is that people are reporting it [discrimination], or the mechanisms to seek out the reporting of it have improved. So, there’s a combination of things.
Aboriginal Justice Caucus Assessment
The intent of Recommendation 211 was to improve awareness of anti-discrimination legislation and encourage more claims to be made by Aboriginal people, thereby increasing accountability for individual abuses and challenge institutional practices.
Some steps have been taken that reflect the intent of this recommendation, but they remain incomplete.
At the national level, the Australian Human Rights Commission established the role of the Aboriginal and Torres Strait Islander Social Justice Commissioner in 1992 to ‘promote discussion and awareness of human rights in relation to Aboriginal people and to undertake research and education programs for the purpose of promoting respect for human rights of Aboriginal people’. This role has been important in raising awareness of our human rights, undertaking research and education, and reporting on issues affecting our communities, including ways to strengthen engagement with legal rights.
In Victoria, the Victorian Equal Opportunity and Human Rights Commission introduced its Aboriginal and Community Engagement Strategy 2020–22. Through this, partnerships with Aboriginal organisations have supported community information-sharing, culturally tailored communications, and greater visibility in regional areas, including through Aboriginal media and content creators. Dedicated roles within both VEOHRC and the Victorian Aboriginal Legal Service have also contributed to this work.
However, these efforts are constrained. VEOHRC’s impact is limited by the powers available under the Equal Opportunity Act 2010 (Vic), which restrict the scope of its inquiries and rely heavily on individuals bringing forward complaints to identify systemic issues. Recent Victorian Government budget cuts have further reduced its capacity. Stronger, more accountable oversight is needed. Establishing a Victorian Aboriginal Social Justice Commissioner would be an important step toward this:
Why don't we have our own Victorian Aboriginal Equal Opportunity Commissioner, or Victorian Aboriginal and Torres Strait Islander Social Justice Commissioner? (Lawrence Moser, Chairperson, Eastern Metropolitan RAJAC)
There was some evidence of outcomes, noting that the AHRC launched the ‘Racism. It Stops With Me’ campaign in 2022. While this campaign is not specifically designed for Aboriginal people, it may contribute in a broader way by increasing public awareness of racism and discrimination. The inclusion of tools for workplaces to support conversations about cultural diversity and anti-racism is a positive step, though its impact for our communities depends on how it is taken up and applied.
The Victorian Equal Opportunity and Human Rights Commission partnered with Aboriginal-led agency Little Rocket in 2023 to deliver the ‘What happened to you matters’ campaign. This reflects a more community-informed approach. Awareness campaigns must be accessible to and shaped by our communities. Outreach remains critical to ensuring this information reaches our people in meaningful and culturally appropriate ways:
The more information and education that's out there, the better our people are going to be resourced and feel comfortable going to the Victorian Equal Opportunity and Human Rights Commission. . .You can't get enough education. . .You cannot get enough information out there in terms of pointing out to our communities what their rights are. (Bobby Nicholls. Chairperson, Hume RAJAC)
We need VEOHRC, Aboriginal Community Controlled Organisations and Regional Aboriginal Justice Advisory Committees to ensure our communities receive ongoing education about anti-discrimination laws and the pathways available to seek redress. This information must not be one-off—it needs to be shared regularly, with materials that are accessible, culturally appropriate, and always available.
Keep the information flowing through to the community, or the organisation, so that it's there when they need it. (Bobby Nicholls, Chairperson, Hume RAJAC)
We also recognise the 2023 Free & Equal: Revitalising Australia’s Commitment to Human Rights report from the Australian Human Rights Commission. The report reflects what many of us experience—that anti-discrimination laws are complex, reactive, and place too much responsibility on individuals to come forward. It calls for a Federal Human Rights Act, stronger legal protections, and a National Human Rights Education Action Plan. We support these recommendations.
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Aboriginal Social Justice Commissioner
Establish a well-resourced, independent office of the Aboriginal Social Justice Commissioner to strengthen oversight and accountability for Aboriginal justice outcomes. This office should be properly funded and report directly to the Parliament. The mandate of the Commissioner should include monitoring of Royal Commission recommendations that impact Aboriginal people (including RCIADIC recommendations), as well as recommendations from coronial inquests into Aboriginal deaths.
Anti-discrimination Measures
Advocate directly and through Victorian Government partners for a Federal Human Rights Act and a National Human Rights Education Action Plan.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) emphasised that whilst legislation cannot replace education, it can effect institutional change and help to reframe what is considered acceptable by the public. Before 1991, the Human Rights and Equality Commission had devoted significant attention to education programs regarding anti-discrimination legislation, but these needed to be expanded and their target areas refined.
There was evidence of the efficacy of education programs of this kind in Victoria, with an increase in complaints lodged with the Victorian Equal Opportunity Commission between 1989-90 and 1990-91. This increase in complaints followed a community education program that involved the distribution of posters and pamphlets, and three Aboriginal staff members visiting communities to provide information regarding the rights and responsibilities of community members.
Actions Taken Since Last Review
Australian Human Rights Commission
National Anti-Racism Framework Scoping Report
This 2022 report was developed through consultation with government, community groups, and experts, in response to increased racism during the early COVID-19 period. It highlights the importance of education about the unique status of Aboriginal and Torres Strait Islander peoples and notes that recognising rights under UNDRIP could also serve an educational role. Following the report, the Commonwealth Government committed to funding a National Anti-Racism Strategy, with further work underway.
Free & Equal: Revitalising Australia’s Commitment to Human Rights
In 2023, the Australian Human Rights Commission released Free & Equal: Revitalising Australia’s Commitment to Human Rights, the result of a five-year inquiry involving extensive consultation and research. The report found that federal anti-discrimination laws are limited, reactive, and difficult for individuals to navigate. It recommends introducing a Federal Human Rights Act and reforming discrimination laws so responsibility does not rest solely on individuals to make complaints. It also highlights the importance of human rights education, calling for a National Human Rights Education Action Plan.
Victorian Equal Opportunity and Human Rights Commission
Aboriginal and Community Engagement Strategy 2020-22
This strategy recognised the importance of Aboriginal community leadership, developing Aboriginal community partnership principles: self-determination, cultural rights, promoting Aboriginal community and transparency.
It outlined plans to increase awareness of the Victorian Equal Opportunity and Human Rights Commission's role and services by:
- Partnering with Aboriginal Community Controlled Organisations and others in the Aboriginal rights sector to promote information to organisations and communities
- Developing a tailored communication strategy
- Promotion through Aboriginal media channels
- Engagement with Aboriginal content producers and increased presence in regional areas.
Impact
Outputs
‘Racism. It Stops With Me’ Campaign
In 2022, the Australian Human Rights Commission launched the ‘Racism. It Stops With Me’ campaign aspiring to ‘increase awareness of racism, and equip more Australians with tools to address it’. It is not a campaign specifically designed to address racism faced by Aboriginal people, but may raise broader public awareness of issues around racism and discrimination.
The campaign features a tool that can be used by workplaces to engage with conversations on cultural diversity and anti-racism.
‘What happened to you matters’ Campaign
The Victorian Equal Opportunity and Human Rights Commission partnered with Aboriginal-led agency Little Rocket to develop a public awareness campaign in 2023, ‘What happened to you matters’. It launched on International Human Rights Day in 2023.
Acknowledging that a formal complaints process can be a daunting prospect, the campaign’s messaging focused on allyship – encouraging prospective complainants to make a complaint with the support of someone they trust, such as a friend, family member or Elder. The campaign brings together social media assets, short videos featuring stories of discrimination, and printed products such as posters and postcards.
Outcomes
Victorian Equal Opportunity and Human Rights Commission
The Commission received 339 enquiries from Aboriginal people from 2017–18 to 2024–25, raising 635 issues of discrimination. Over the same period, 250 Aboriginal people made complaints of discrimination, including 49 people in 2024-25 – the most in any year since 2017–18. Almost two-thirds of these complainants (61%) were women. The increase was attributed to several factors including, the fast-tracking of complaints made by Aboriginal people, taking on warm referrals from other organisations and providing additional support and information to assist with starting the complaints process.
Inclusive Australia, Social Inclusion Index: 2022 Report
The report found that the percentage of Aboriginal and Torres Strait Islander people who reported experiencing at least one form of major discrimination increased from 29% to 52% in 2019 and remained at approximately 50% in 2022.
Some of the increase in Aboriginal and Torres Strait Islander peoples’ reporting their experiences of discrimination was attributed to greater awareness of mechanisms to do so.
Community Views
Ian Hamm
Ian Hamm, Board Member, Inclusive Australia
Yorta Yorta man and board member of Inclusive Australia, Ian Hamm identified the Black Lives Matter movement as a ‘pinch point’ for racial intolerance in Australia:
While we’ve gone a long way to advance on a lot of issues, the anchor point hasn’t really moved in 30 years. We have more Aboriginal people in custody per head of population than we did in the 1990s. The rate of average death in custody hasn’t improved. If you take that as a starting point, then you can see why it’s sensitive to people. But some people take the view of ‘what’s the problem?’.
I think the Black Lives Matter movement really was a pinch point on that. The timing of it, in terms of when Covid was really happening, could not have been worse in regard of how did the Aboriginal protest movements across Australia look, at a time when everybody was being told to socially distance, was being told that we had to close borders, we had to not go outside, and all of a sudden you’ve got all these people on the streets protesting.
Some of the increase in Aboriginal and Torres Strait Islander peoples’ reporting their experiences of discrimination was attributed to having more opportunities to do so:
I think the other thing is that people are reporting it, or the mechanisms to seek out the reporting of it have improved. So, there’s a combination of things.