Access and Equity: Inquiry into the responsiveness of Australian Government services to Australia’s culturally and linguistically diverse population

Australian Human Rights Commission Submission
to the Access and Equity Inquiry Panel

24 February 2012

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Table
of contents

• 1 Introduction
• 2 Recommendations
• 3. The richness of Australia’s diversity
• 4. A human rights-based approach
• 5. The conceptual framework for ‘access and equity’
• 6. Alignment of Access and Equity Strategy with other Australian Government Agendas
• 7. Governance arrangements for the Access and Equity Strategy
• 8. Access and Equity Reporting

1 Introduction

1. The Australian Human Rights Commission makes this submission to the Access
   and Equity Inquiry Panel in its inquiry into the responsiveness of Australian
   Government services to Australia’s culturally and linguistically diverse
   population.

2. The Commission welcomes the independent inquiry into Australian Government
   services to ensure they are responsive to the needs of Australia’s
   culturally and linguistically diverse population and appreciates the opportunity
   to provide comments. This inquiry, to strengthen the Australian
   Government’s Access and Equity Framework, is a key initiative of The
   People of Australia Policy.

3. The Commission reaffirms its support for a Commonwealth access and equity
   policy aimed at ensuring that Australians from all cultural and linguistic
   backgrounds are able to participate as full members of the community and have
   equitable access to Australian Government services and programs.

2 Recommendations

4. The Commission recommends that a human rights-based approach be adopted
   through the Access and Equity Strategy – acknowledging the importance of
   the principles of non-discrimination, equality, participation and inclusion
   [Recommendation no. 1].

5. The Commission recommends that the accessibility issues faced by Aboriginal
   and Torres Strait Islander peoples also be considered as part of a
   whole-of-government approach to the Access and Equity Strategy, and that this
   occurs in consultation and partnership with Aboriginal and Torres Strait
   Islander peoples [Recommendation no. 2].

6. The Commission recommends the adoption of a new language framework for the
   Access and Equity Strategy, which more specifically references people from
   culturally and linguistically diverse backgrounds as well as Aboriginal and
   Torres Strait Islander peoples [Recommendation no. 3].

7. The Commission recommends that the Access and Equity Report includes
   references to how the recommendations arising from community consultations
   undertaken by the Federation of Ethnic Communities’ Councils of Australia
   (FECCA) are reflected in the design, planning, communication, delivery and
   contracting of policies, programs and services across all Australian Government
   departments and agencies [Recommendation no. 4].

8. Consistent with Recommendation number 4, the Commission recommends that the
   Access and Equity Report includes references to how the recommendations arising
   from community consultations with Aboriginal and Torres Strait Islander peoples
   have been taken into account by Australian Government departments and agencies
   [Recommendation no. 5].

9. The Commission recommends that clearer and more measurable performance
   standards, appropriate to all reporting departments and agencies, are provided
   as part of the Access and Equity Strategy and that these performance standards
   are embedded into the reporting template, to ensure they are addressed in
   responses [Recommendation no. 6].

10. The Commission recommends that the Access and Equity Inquiry Panel consult
    with Reconciliation Australia about their lessons and experiences in
    implementing the Reconciliation Action Plan process [Recommendation no. 7].

11. The Commission recommends that the body responsible for the oversight of the
    Access and Equity Strategy in the future regularly monitors the outcomes of
    consultations and evaluations with the broader community regarding accessibility
    of services. Further, the Commission recommends that Australian Government
    departments and agencies encourage the partnership of Aboriginal and Torres
    Strait Islander peoples and people from culturally and linguistically diverse
    backgrounds in the design and evaluation of their policies, programs and
    services, to ensure they are accessible – and that these partnerships are
    appropriately resourced [Recommendation no. 8].

12. The Commission recommends that, in principle, all contracted service
    providers be required, through their contractual arrangements, to report on
    their implementation of the Access and Equity Framework
    [Recommendation no. 9].

13. The Commission recommends that the Access and Equity Report continues to
    include information from Commonwealth, state and territory and local governments
    [Recommendation no. 10].

3. The richness of
Australia’s diversity

14. The Commission welcomed the release of Australia’s Multicultural
    Policy, The People of Australia, in February 2011 and the commitment of
    the Australian Government to recognise and maximise the positive effects of
    migration to Australia, of which there are
    many.^[1]

15. The Commission notes that cultural, linguistic and religiously diverse
    communities are not confined to niche sections of the Australian community. As The People of Australia Policy notes, 44% of people in Australia were
    born overseas or have a parent who was. Over 260 languages are spoken in
    Australia and people in Australia identify with more than 270
    ancestries.^[2]

16. The Commission recognises the contribution of the diaspora community (in
    Australia and abroad) to Australia’s relationships with Europe, the Middle
    East, Africa and the immediate Asia-Pacific region and the role migration has
    played in Australia’s long-term productive capacity.

17. The Commission also recognises the important contribution of Aboriginal and
    Torres Strait Islander peoples and their cultures to the fabric of the
    Australian nation.

18. The Commission has statutory obligations that involve monitoring
    Australia’s compliance with international human rights treaties to which
    Australia is a party. This includes functions conferred under the Racial
    Discrimination Act 1975 (Cth) (RDA) and that relate to the International
    Convention on the Elimination of All Forms of Racial Discrimination 1966 (ICERD).

19. In this context, the Commission – and the Race Discrimination
    Commissioner and the Social Justice Commissioner in particular – has a
    mandate to consider human rights issues concerning both Aboriginal and Torres
    Strait Islander peoples and people from cultural, linguistic and religiously
    diverse backgrounds. As such, the Commission has a distinct perspective on the
    commonality of issues affecting both of these constituencies.

20. While this submission is focused on issues relating to Australia’s
    culturally and linguistically diverse population, the Commission notes that
    reconciliation, multiculturalism and access and equity have mutually reinforcing
    objectives which operate concurrently in celebrating the diversity and cultural
    richness of Australia.

4. A human rights-based
approach

21. The Commission advocates a human rights-based approach to multiculturalism,
    access and equity and reconciliation.

22. A human rights-based approach provides a principled framework to guide
    policy development. It also enables governments, civil society, communities and
    individuals to monitor progress over time in reducing inequality and
    discrimination based on race, ethnicity, colour, culture, language or religion.
    It offers an objective way of balancing competing interests and a common set of
    shared values based on the recognition of the inherent dignity of all human
    beings. In particular, it seeks to ensure the participation of people affected
    by policy interventions, with a view to utilising human rights principles to
    ensure empowerment of communities.

23. In the context of access and equity, the human rights principles of equality
    and non-discrimination are particularly relevant. The Commission notes that
    achieving equality does not always mean that people are treated the same way.
    While ‘formal equality’ involves treating everyone the same,
    ‘substantive equality’ allows for beneficial treatment of
    disadvantaged groups so that they can, in the end, enjoy their human rights
    equally. This is recognised in relevant international and domestic legislation.

24. The ICERD contains principles of equality and non-discrimination. Article
    1(1) of ICERD defines racial discrimination in a way that ensures that the
    prohibition of discrimination includes discrimination on the basis of
    one’s ethnic and national origin, extending discrimination beyond a
    limited biological concept of race.

25. Article 2(1) of ICERD extends the prohibition on discrimination by providing
    States with a positive duty to develop a policy which seeks to eliminate racism
    and promote understanding among all races, setting out the aims of such a policy
    and how it should be implemented. Access and equity strategies adopted by
    successive Australian Governments can be seen as a response to this positive
    duty.

26. Articles 1(4) and 2(2) of ICERD recognise that a State may not only need to
    prohibit discrimination, but may also need to take positive steps to ensure that
    groups who are disadvantaged because of their race, including ethnicity, will be
    put into a position where they can enjoy their rights to the same extent as
    others.

27. The RDA responds directly to Australia’s obligations under ICERD and
    promotes equality before the law for people of all races, national and ethnic
    backgrounds. It prohibits discrimination in areas of employment, education,
    sport, buying goods and using services. The RDA also makes racial vilification
    against the law.

28. Other international conventions which Australia has signed mandate the
    protection of religious beliefs and cultural identity. The International
    Convention on Civil and Political Rights 1966 (ICCPR) protects the right to
    freedom of religion and belief. It provides that everyone has the right to adopt
    the religion or belief of their choice, and to practice it in private or in
    public.

29. The International Covenant on Economic, Social and Cultural Rights
    1966 (ICESCR) protects the right of all peoples to self-determination and to
    take part in cultural life. These protections are enhanced by a range of other
    United Nations declarations and resolutions.

30. Access and equity and multiculturalism provide policy frameworks that
    complement Australia’s human rights obligations and enhancing
    Australia’s community experience of cultural, linguistic and religious
    diversity.

31. The Commission recommends that a human rights-based approach be adopted
    through the Access and Equity Strategy – acknowledging the importance of
    the principles of non-discrimination, equality, participation and inclusion
    [Recommendation no. 1].

5. The conceptual
framework for ‘access and equity’

32. Access and equity has been in place as a policy framework since the 1980s as
    a means to encourage Australian Government programs and services to consider
    barriers facing people based on race, religion, language or culture.

33. Early statements made about the first official access and equity strategy in
    1989 remain relevant today. The Australian Government’s National Agenda
    for a Multicultural Australia: Sharing Our Future (1989)
    stated:

    ...our institutions are now required to respond to the needs
    of a culturally and linguistically diverse society...

    It is in the interest of all Australians that the three tiers of Government
    – Commonwealth, State and local – intervene where necessary to
    manage our diversity in the interests of cultural tolerance, social justice and
    economic efficiency. We need to plan...

    The reality of cultural diversity requires a positive policy response...

    Mechanisms must be developed which will generate change of the appropriate
    kind from within the organisations. To be effective, attitudinal change must
    also occur to propel and sustain the structural changes...

    The objective [of the Access and Equity Strategy] is to make Commonwealth
    departments responsive and to assess whether they are responding equitably
    – and efficiently – to a culturally diverse clientele. Are programs
    designed in such a way as to ensure that all Australians can gain access to
    them? Are services being targeted efficiently to those in greatest need? Are
    they being delivered in culturally appropriate ways?...By seeking to change the
    management culture of our public administration, Access and Equity represents
    the Government’s commitment to sustained structural change of the most
    fundamental type.^[3]

34. The Commission considers that the Access and Equity Strategy should be based
    on the principles of non-discrimination, equality, participation and inclusion
    and should address the needs of people from culturally and linguistically
    diverse backgrounds and Aboriginal and Torres Strait Islander peoples.

35. The Access and Equity Strategy is currently directed at people with
    culturally and linguistically diverse backgrounds. The Commission recommends
    that the accessibility issues faced by Aboriginal and Torres Strait Islander
    peoples also be considered as part of a whole-of-government approach to the
    Access and Equity Strategy, and that this occurs in consultation and partnership
    with Aboriginal and Torres Strait Islander peoples [Recommendation no. 2].

36. This will ensure a more inclusive approach to providing responsive and
    accessible programs and services to all segments of Australia’s culturally
    diverse community.

37. The Commission considers that the term ‘access and equity’, as
    it specifically applies to Australia’s culturally and linguistically
    diverse population, is unlikely to be readily understood by the broad community.
    The generality of the language means that these terms could easily be
    misunderstood to mean how Australian Government programs and services are made
    accessible to particular groups within the community – for example, people
    with a disability.

38. The Commission recommends the adoption of a new language framework for
    the Access and Equity Strategy, which more specifically references people from
    culturally and linguistically diverse backgrounds as well as Aboriginal and
    Torres Strait Islander peoples [Recommendation no. 3].

39. These changes will provide greater clarity about the meaning of Access and
    Equity Strategy for government and the broader community.

6. Alignment of Access
and Equity Strategy with other Australian Government Agendas

40. The Commission notes that there is potential for the Access and Equity
    Strategy to overlap with a range of other government policies or frameworks.
    These include:

    • The People of Australia Policy;^[4]

    • the Social Inclusion Agenda;^[5]

    • the Closing the Gap
      framework;^[6] and

    • the Australian Human Rights Framework, which includes the forthcoming
      National Human Rights Action Plan.^[7]
41. From a human rights perspective, a key theme common to each of these agendas
    is the issue of substantive equality for Aboriginal and Torres Strait Islander
    peoples and culturally and linguistically diverse communities.
    
    
    
42. The Commission considers that it would be beneficial to better integrate and
    align the Access and Equity Strategy with these other Australian Government
    agendas. Currently these policies operate within distinctive governance
    structures, with gaps between their coverage and goals.
    
    
    
43. Conceptually, the Access and Equity Strategy and the Social Inclusion Agenda
    are inextricably linked. The most recent Access and Equity Report notes they are
    connected “through the delivery of programs and services that support
    social inclusion outcomes for disadvantaged
    Australians.”^[8]
    
    
    
44. The Australian Government has adopted a set of principles to guide the
    Social Inclusion Agenda, aspirations which include: reducing disadvantage;
    increasing social, civic and economic participation; and developing a greater
    voice, combined with greater
    responsibility.^[9] These aspirations
    are directly relevant to culturally and linguistically diverse communities, who
    face significant barriers to
    employment,^[10] as well as to
    accessing safe and affordable housing – two key determinants of social
    disadvantage and marginalisation. While the Social Inclusion Agenda is committed
    to helping vulnerable new arrivals and
    refugees,^[11] it does not identify
    culturally and linguistically diverse communities within its priority
    groups.^[12]
    
    
    
45. Similarly, Closing the Gap for Aboriginal and Torres Strait Islander peoples
    with respect to life expectancy, child mortality, access to early childhood
    education, educational achievement and employment outcomes is identified as a
    priority in the Australian Government’s Social Inclusion Agenda, but
    receives no consideration in the Access and Equity Strategy.
    
    
    
46. In terms of governance arrangements, the Commission notes that the Social
    Inclusion Agenda is located within and managed by the Department of Prime
    Minister Cabinet (PM&C); The People of Australia Policy and Access
    and Equity Strategy are within the portfolio of the Department of Immigration
    and Citizenship (DIAC); the Human Rights Framework sits with the
    Attorney-General’s Department (AGD); and the Department of Families,
    Housing, Community Services and Indigenous Affairs (FaHCSIA) is responsible for
    Indigenous policy co-ordination, programs and the promotion of
    reconciliation.^[13] The Close the
    Gap agenda is governed by a number of Indigenous-specific National Partnership
    Agreements through the Coalition of Australian Governments
    (COAG).^[14]
    
    
    
47. The Commission considers that a whole-of-government approach to policy
    development and service provision is required across these areas. This would
    involve the Australian Government developing, monitoring and evaluating policy
    in a holistic way that recognises that the right to equality is the foundation
    underpinning all of these agendas.
    
    
    
48. To this end, the Commission notes its previous recommendations to the Joint
    Standing Committee on Migration’s Inquiry into Multiculturalism in
    Australia, that the Social Inclusion Board:
    
    • include appropriate membership from culturally and linguistically diverse
      communities to ensure that issues facing communities that are marginalised and
      suffer discrimination are addressed in the social inclusion policy process
      
      
      
    • formalise strategic relationships with peak organisations including the
      Commission, Australian Multicultural Council, the Federation of Ethnic
      Communities’ Councils of Australia (FECCA), National Congress of
      Australia’s First Peoples, Refugee Council of Australia and Settlement
      Council of Australia to ensure a coordinated and holistic approach to social
      inclusion, multiculturalism and reconciliation
      
      
      
    • conduct strategic research and disaggregated data collection by ethnicity
      and gender, in relation to culturally and linguistically diverse communities'
      access to health, housing, education, legal and employment services including
      experiences of racial discrimination.
49. The Commission also recommended that the Charter of Public Service in a
    Culturally and Linguistically Diverse Australia be reviewed with reference
    to the Social Inclusion Agenda, Australian Human Rights Framework and
    Australia’s Multicultural Policy. Particular attention should be given to
    compliance measures within Government and the need for publicly funded services
    by non-government
    organisations.^[15]
    
    
    
50. In addition to the Commission’s recommendations in this submission,
    these suggestions provide opportunities to better align the Access and Equity
    Strategy and the Social Inclusion Agenda.

7. Governance
arrangements for the Access and Equity Strategy

51. The Access and Equity Strategy does not have a legislative basis and is
    currently administered by DIAC, which coordinates the reporting process.
    Additionally, the Access and Equity Report is published every two years, despite
    departments and agencies providing annual contributions to the Access and Equity
    Report.

52. The Commission notes that The People of Australia Policy states the
    Australian Government will ask the Australian Multicultural Council to –
    among other tasks – manage the Access and Equity Strategy from 2012, in
    order to help strengthen the independence of reporting and to provide for a more
    robust reporting framework.

53. The Access and Equity Inquiry Panel queries whether the level of authority
    for the Access and Equity Strategy, which is endorsed by the Australian
    Government, is adequate.

54. The Commission notes that a Commonwealth access and equity policy has
    enjoyed continual support from successive Australian Governments since the
    1980s, without having a legislative basis.

55. However, the benefits of establishing authority for the Access and Equity
    Strategy in legislation would include:
    
    • enshrining access and equity principles in legislation
      
      
      
    • establishing a structure that would drive some key objectives of the
      Strategy, including the role of the body administering the Strategy, the
      Australian Multicultural Council
      
      
      
    • facilitating broad community participation through the establishment of
      advisory committees with broad representation, to provide further advice and
      support to the development of the Strategy as required
      
      
      
    • establishing accountability mechanisms
      
      
      
    • following good practice established by some States in committing to the
      advancement of access and equity through legislation
      
      
      
    • providing a basis for multi-partisan commitment to the Strategy.
56. Disadvantages of establishing legislative authority may include:
    
    • losing flexibility in how access and equity may be administered by making it
      more difficult to amend implementation and reporting processes
      
      
      
    • being administratively onerous
      
      
      
    • being an over-regulatory response.
57. The Commission believes that this review should provide suitable advice
    about whether a legislative basis is required or whether in fact the current
    arrangements are sufficient, and attention should be focussed on implementation
    and application.
    
    
    
58. The Access and Equity Inquiry Panel queries whether DIAC is the appropriate
    agency to administer the Access and Equity Strategy and to coordinate the Access
    and Equity Report, and questions whether another agency may be better placed to
    do these tasks.
    
    
    
59. In the Commission’s view, it is critical that an authoritative
    governance mechanism exists within the Australian Public Service to ensure that
    the Access and Equity Strategy successfully permeates the work of the Australian
    Government as an effective policy framework. Such a mechanism should facilitate
    a process that ensures that access and equity principles become embedded in the
    attitude and culture of all Australian Government departments and agencies.
    
    
    
60. The governance mechanism would ideally have adequate authority to promote
    access and equity principles across the work of the Australian Public Service,
    to provide high level policy and strategic advice to the Australian Government
    about its continued development, and would include enhanced monitoring and
    accountability mechanisms.
    
    
    
61. The Commission considers that the current arrangement involving the
    Australian Multicultural Council, in its oversight capacity of the Access and
    Equity Strategy, provides a level of independence that will facilitate more
    critical analysis than has been present in Access and Equity Reports to date.
    However, the Commission is concerned that there must be adequate support
    provided to the Australian Multicultural Council in this role for it to be
    effective. This includes both resources and also in ensuring that the Access and
    Equity Framework can be implemented in a whole-of-government manner.
    
    
    
62. The Commission believes that the role of the Australian Multicultural
    Council, may need to be enhanced beyond reporting processes and include:
    
    • greater sharing of good practice examples
      
      
      
    • the provision of advice and input into policy areas that raise broad access
      and equity issues
      
    • accessing external expertise, for example from the community
      sector.
63. Evidence about the operation of the Social Inclusion Board should inform
    this inquiry about the appropriate support for a whole-of-government approach to
    access and equity.

8. Access and Equity
Reporting

64. As an agency that reports annually under the Access and Equity Strategy, the
    Commission is well-placed to provide comments about the current reporting
    process, as well as suggestions as to how it may be improved.

65. The Commission notes that currently contributions to the Access and Equity
    Report are annual, though the Report is published every two years. These
    timeframes appear to be appropriate, and balance the need for regular reporting
    with the desire to avoid onerous over-regulation.

66. The Access and Equity Inquiry Panel queries how the input of FECCA should be
    incorporated into the Access and Equity Report.

67. Currently, on behalf of the Australian Government, FECCA undertakes annual
    community consultations on the issue of accessibility of Australian Government
    services to diverse communities. In the most recent Access and Equity Report,
    this input was incorporated into Part 3 ‘Federation of Ethnic
    Communities’ Council of Australia consultations’ of the Report
    through two sections: community consultations and community-government
    engagement.^[16] FECCA’s
    subsequent engagement with five key departments, addressing issues arising from
    the consultations, is then summarised. FECCA’s complementary report, The Bigger Picture: joining up solutions to achieve access and
    equity^[17] is referenced.

68. A key finding from FECCA’s work is that there is a need for ongoing
    effort to provide accessible and equitable services to culturally and
    linguistically diverse communities.

69. While it is helpful to know how selected departments act on the
    recommendations of FECCA’s community consultations, it would also be
    useful to know how the results of these consultations are taken into account by
    other Australian Government departments and agencies.

70. The Commission recommends that the Access and Equity Report includes
    references to how the recommendations arising from community consultations
    undertaken by FECCA are reflected in the design, planning, communication,
    delivery and contracting of policies, programs and services across all
    Australian Government departments and agencies [Recommendation no. 4].

71. Consistent with Recommendation number 4, the Commission recommends that
    the Access and Equity Report includes references to how the recommendations
    arising from community consultations with Aboriginal and Torres Strait Islander
    peoples have been taken into account by Australian Government departments and
    agencies [Recommendation no. 5].

72. The Access and Equity Inquiry Panel has asked a range of questions relating
    to the purpose of access and equity reporting, how better performance reporting
    may be achieved and the inclusion of performance standards.

73. The Commission notes that the Access and Equity Strategy currently
    encourages and supports all levels of government “to design, deliver,
    monitor and evaluate their programs and
    services”.^[18]

74. Under current arrangements, departments and agencies are provided with a
    reporting template which seeks input on policies, programs and services and how
    they meet the access and equity principles of responsiveness, communication,
    accountability and leadership.

75. The reporting template provided to departments and agencies encourages
    discussion of specific projects and programs. While there are questions under
    each principle that aim to address each of the strategies contained in the
    Access and Equity Framework, it is unclear as to whether the questions in the
    template apply to an individual program or the department or agency as a whole.
    The reporting template also does not clearly indicate if answering each of the
    questions is optional or mandatory.

76. Additionally, the reporting template does not encourage reporting
    departments or agencies to identify challenges or obstacles faced in addressing
    the strategies, or to identify what steps have been taken to ensure better
    consideration of the strategies in the future.

77. In the Commission’s view, the Access and Equity Report should ideally
    go beyond highlighting good practices and indicate how the Access and Equity
    Strategy is being implemented successfully, as well as identify the challenges
    that arise. This could be achieved by including questions in the template that
    seek to identify challenges and what, if any, strategies are being used to
    address those challenges.

78. The Commission, for example, could provide additional information about
    access and equity issues particularly faced by asylum seekers and refugees, or
    by older people from culturally and linguistically diverse backgrounds seeking
    or receiving home or residential aged care services. However, the current
    template does not provide for this type of feedback.

79. The Commission notes that the Social Inclusion Agenda includes a more robust
    national social inclusion measurement framework and reporting strategy,
    “including public reporting by Commonwealth departments on strategic
    change indicators (SCIs) that will show what agencies are doing to improve
    social inclusion and how well they are achieving
    it”.^[19] This approach, which
    identifies areas where extra effort is required, as well as successes that can
    be built on, could be adopted in relation to access and equity principles.

80. The Commission recommends that clearer and more measurable performance
    standards, appropriate to all reporting departments and agencies, are provided
    as part of the Access and Equity Strategy and that these performance
    standards are embedded into the reporting template, to ensure they are addressed
    in responses [Recommendation no. 6].

81. While the Access and Equity Strategy has a vital connection to direct
    frontline services such as employment, health, welfare, tax and education, the
    Strategy has relevance and applicability to the full suite of Australian
    Government policies, programs and services. For example, the cultural competency
    and responsiveness of departmental and agency staff will affect the
    applicability and effectiveness of policies and services to the community at
    large.

82. Clearer and measurable performance standards would encourage departments and
    agencies to go beyond highlighting one-off initiatives aimed at relevant
    communities. It would instead encourage the development of more strategic goals,
    and therefore greater accountability in delivering more accessible and equitable
    Australian Government policies, programs and services.

83. Measurable performance standards would encourage departments and agencies to
    identify challenges, lessons learnt and steps put in place to assist in meeting
    performance standards in the future. Measurable performance standards may also
    reveal systematic challenges across the public sector, and encourage the
    development of policy solutions to these challenges.

84. It is hoped that this in turn would encourage access and equity principles
    to be embedded into the culture and structure of Australian Government
    departments and agencies, through their respective reporting frameworks,
    regardless of whether they directly deliver programs and services, or whether
    they are involved in policy development.

85. Standards could address the following issues:
    
    • the process for identifying community needs
      
      
      
    • the processes for including and encouraging the participation of communities
      in the development of policies, programs and services
      
      
      
    • the use, effectiveness and appropriateness of interpreter and translating
      services
      
      
      
    • how programs and services respond to community input and needs
      
      
      
    • whether cultural competency within a department or agency has been
      increased
      
      
      
    • if the change in cultural competency within a department or agency has
      enhanced its performance.
86. Where the standards are not relevant to particular departments and agencies,
    this can be noted in the reporting process and independently assessed by the
    Australian Multicultural Council.
    
    
    
87. The cross-cultural competency of departments and agencies, and the
    availability and usage of interpreters could be considered in measuring the
    accessibility of services, as well as the service
    outcomes.^[20] Culturally appropriate
    promotion and education strategies could also be used as a measure for both
    accessibility and inclusion. International comparisons may provide useful
    benchmarks for accessibility and inclusion.
    
    
    
88. The Commission notes that the Reconciliation Action Plan (RAP) model is a
    proactive and accountable way of progressing access and equity issues with
    Aboriginal and Torres Strait Islander peoples. Through sustainable employment
    and business opportunities, RAPs are business plans that aim to improve
    relationships, as well as generate greater respect and equality between
    Aboriginal and Torres Strait Islander peoples and other Australians. RAPs
    demonstrate how workplaces can work towards reconciliation between Aboriginal
    and Torres Strait Islander peoples and other people in the workplace, with each
    RAP containing specific measurable commitment and actions in the areas of
    relationships, respect and opportunities.
    
    
    
89. Reconciliation Australia has recently released results of the first
    comprehensive analysis report on the collective impact of the RAP program and
    relationships between Aboriginal and Torres Strait Islander peoples and other
    people in the workplace.^[21] The
    report identifies that there has been good progress in this area and that the
    RAP program represents a model that works. The report also highlights areas for
    improvement, including the need to increase reporting compliance
    rates.^[22]
    
    
    
90. The Commission recommends that the Access and Equity Inquiry Panel
    consult with Reconciliation Australia about their lessons and experiences in
    implementing the Reconciliation Action Plan process [Recommendation no.
    7].
    
    
    
91. The Access and Equity Inquiry Panel has queried whether the current
    self-reporting regime is adequate or whether there should be some independence
    in the assessment of departments’ or agencies’ performance.
    
    
    
92. As noted previously in this submission, the Commission considers that the
    shift in the management of the Access and Equity Strategy to the Australian
    Multicultural Council, will result in greater independence in the assessment of
    departments’ and agencies’ performance.
    
    
    
93. The Access and Equity Inquiry Panel has not specifically requested comments
    on the impact of general community feedback on the Access and Equity Strategy.
    However, the Commission notes that a significant amount of work is done by
    government departments, agencies and the non-government sector to hear directly
    from Aboriginal and Torres Strait Islander peoples and people from culturally
    and linguistically diverse backgrounds about the accessibility of
    government-funded programs and services. Information is obtained through regular
    evaluation, research and consultations.
    
    
    
94. Recent research that the Commission has conducted with the African
    Australian and Arab and Muslim Australian communities has identified two major
    issues regarding the accessibility of government-funded programs and services:
    language and cultural competency. ^[23] These research projects have sought
    to ensure that issues facing these communities are expressed in their own words
    and through direct input from the communities through consultations. The
    projects have also involved working with steering committees and community
    reference groups.
    
    
    
95. Issues affecting accessibility of programs and services have included:
    
    • lack of cultural competency and flexibility to adequately meet client needs
      in the education context
      
      
      
    • language barriers for parents which affect their engagement with
      schools
      
      
      
    • lack of sufficient information
      
      
      
    • lack of culturally appropriate approaches
      
      
      
    • problems with accessing interpreters, including appropriate use of
      interpreters in the area of health
      
      
      
    • language barriers to accessing legal services and the law generally
      
      
      
    • language barriers and lack of cultural competency in child protection
      systems
      
      
      
    • perceptions of being targeted and over-policed by police and law enforcement
      officials
      
      
      
    • problems understanding the employment, health and housing systems
      
      
      
    • dealing with experiences of discrimination and racism in the transport
      context.
96. Community members are not always likely to report these issues directly to
    government and government-funded programs and services. There can be reluctance
    to report negative experiences due to fear of victimisation, lack of trust in
    authority to take action, lack of knowledge about the law and complaints
    processes, the perceived difficulty in making a complaint and the perception
    that outcomes are
    unsatisfactory.^[24]
    
    
    
97. The Commission recommends that the body responsible for the oversight of
    the Access and Equity Strategy in the future regularly monitors the outcomes of
    consultations and evaluations with the broader community regarding accessibility
    of services. Further, the Commission recommends that Australian Government
    departments and agencies encourage the partnership of Aboriginal and Torres
    Strait Islander peoples and people from culturally and linguistically diverse
    backgrounds in the design and evaluation of their policies, programs and
    services, to ensure they are accessible – and that these partnerships are
    appropriately resourced [Recommendation no. 8].
    
    
    
98. The Access and Equity Inquiry Panel has requested comments in relation to
    access and equity obligations for contracted service providers.
    
    
    
99. As the Discussion Paper notes, “access and equity applies to all
    Government funded policies, programs and services, irrespective of whether they
    are delivered by Government departments, agencies, or contracted bodies such as
    community organisations or commercial
    enterprises.”^[25]
    
    
    
100. The Commission recommends that, in principle, all contracted service
     providers be required, through their contractual arrangements, to report on
     their implementation of the Access and Equity Framework [Recommendation no.
     9].
     
     
     
101. While the input of all levels of government into the Access and Equity
     Report is not specifically raised by the Access and Equity Inquiry Panel, the
     Commission notes that initiatives at the Commonwealth, state and territory and
     local government levels are included in the most recent Access and Equity
     Report. The Commission considers that this is a strength of the Report, as it
     provides a snapshot of the effect of the Access and Equity Strategy across all
     levels of government.
     
     
     
102. The Commission recommends that the Access and Equity Report continues to
     include information from Commonwealth, state and territory and local
     governments [Recommendation no. 10].

^[1] Australian Human Rights
Commission, ‘Multiculturalism policy welcomed’ (Media Release
16 February 2011). At: http://www.hreoc.gov.au/about/media/media_releases/2011/13_11.html (viewed 17 February 2012).

^[2] Australian Government, The People of Australia: Australia’s
Multicultural Policy (2011) at page 2. At: http://www.immi.gov.au/living-in-australia/a-multicultural-australia/multicultural-policy/ (viewed 21 February 2012).

^[3] Office of Multicultural Affairs, Department of the Prime Minister and Cabinet, National Agenda for a Multicultural Australia: Sharing Our Future (1989),
pages 51-52. At: http://www.immi.gov.au/media/publications/multicultural/agenda/agenda89/toc.htm (viewed 13 February 2012).

^[4] Department of Immigration and Citizenship, Australia’s Multicultural
Policy (2011). At: http://www.immi.gov.au/living-in-australia/a-multicultural-australia/multicultural-policy/ (viewed 17 February 2012).

^[5] Australian Government, Social Inclusion (2011). At: http://www.socialinclusion.gov.au (viewed 17 February 2012).

^[6] Department of Families, Housing, Community Services and Indigenous Affairs, Closing the Gap (2009). At: http://www.fahcsia.gov.au/sa/indigenous/progserv/ctg/Pages/default.aspx (viewed 17 February 2012).

^[7] Attorney-General’s Department, Australia’s Human Rights
Framework (2012). At: http://www.ag.gov.au/Humanrightsandantidiscrimination/Australiashumanrightsframework/Pages/default.aspx (viewed 17 February 2012).

^[8] Australian Government, Access and Equity in Government Services Report
2008-10 (2011) at page 12. At: http://www.immi.gov.au/about/reports/access-equity/2010/ (viewed 21 February 2012).

^[9] Social Inclusion Unit, Social Inclusion Principles (2011). At: http://www.socialinclusion.gov.au/what-social-inclusion/social-inclusion-principles (viewed 21 February 2012).

^[10] See, for example, Ethnic Communities Council of Victoria, ‘Real Jobs:
Employment for Migrants and Refugees in Australia’, ECCV Policy Discussion
Paper No 3. 2008. At: www.eccv.org.au/library/doc//ECCVDiscussionPaper3-RealJobs.pdf (viewed 1 February 2012); Val Colic-Peisker and FaridaTilbury, Refugees and
Employment: the effect of visible difference on discrimination (Final Report),
Centre for Social and Community Research, Murdoch University, January 2007. At: www.cscr.murdoch.edu.au/_docs/refugeesandemployment.pdf (viewed 1 February 2012); Alison Booth, Andrew Leigh, Elena Varganova, Does
Racial and Ethnic Discrimination Vary Across Minority Groups? Evidence from a
Field Experiment (2009) At: http://apo.org.au/research/does-racial-and-ethnic-discrimination-vary-across-minority-groups-evidence-three-experiment (viewed 1 February 2012).

^[11] Social Inclusion Unit, The Australian Public Service Social Inclusion policy
design and delivery toolkit (2009) at page 11. At: http://www.socialinclusion.gov.au/resources/aust-govt-publications (viewed 22 February 2012).

^[12] Social Agenda Priority areas: homeless, children at risk of long term
disadvantage, Indigenous Australians, people living with mental illness or
disability and their carers; communities experiencing concentrations of
disadvantage and exclusion, jobless families and low-skilled adults, as
identified in: Social Inclusion Unit, Social Inclusion Priorities (2011). At: http://www.socialinclusion.gov.au/what-social-inclusion/social-inclusion-priorities (viewed 22 February 2011).

^[13] See Department of Prime Minister and Cabinet, Administrative Arrangements Order
made on 9 February 2012 (2012). At: http://www.dpmc.gov.au/parliamentary/index.cfm (viewed
20 February 2012).

^[14] Department of Families, Housing, Community Services and Indigenous Affairs,
Closing the Gap: National Partnership Agreements (2009). At: http://www.facs.gov.au/sa/indigenous/progserv/ctg/Pages/national_partnerships.aspx (viewed 20 February
2012).

^[15] Australian Human
Rights Commission, Submission to the Joint Standing Committee on Migration in
its Inquiry into Multiculturalism in Australia (2011). At: http://www.humanrights.gov.au/legal/submissions/2011/20110429_multiculturalism.html (viewed 20 February
2012).

^[16] Australian
Government, note 8 at pages 55-59.

^[17] FECCA, The Bigger
Picture: joining up solutions to achieve access and equity (2011). At: http://www.fecca.org.au/publications/access-and-equity (viewed 21 February 2012).

^[18] Access and Equity Inquiry Panel, Access and Equity: Inquiry into the
responsiveness of Australian Government services to Australia’s culturally
and linguistically diverse population December 2011 Discussion Paper (2011)
at page 8. At: http://www.immi.gov.au/living-in-australia/a-multicultural-australia/government-approach/government-services/access-equity-inquiry.htm (viewed
21 February 2012).

^[19] Social Inclusion Unit, Measurement and Reporting (2011). At: http://www.socialinclusion.gov.au/about/social-inclusion-priorities/measurement-and-reporting (viewed 22 February 2012).

^[20] For further discussion on cultural competency, please see Australian Human
Rights Commission, Social Justice Report 2011 (2011) at pages 8-9 and
150-164. At: http://www.humanrights.gov.au/social_justice/sj_report/sjreport11/index.html (viewed
22 February 2012).

^[21] Reconciliation Australia, Reconciliation Action Plan: Impact Measurement
Report 2011 (2011). At: http://www.reconciliation.org.au/home/reconciliation-action-plans/rap-impact-measurement-report (viewed 15 February 2012).

^[22] As above, at pages 3 and 63.

^[23] Australian Human Rights
Commission, In Our Own Words - African Australians: A review of human rights
and social inclusion issues. At: http://www.humanrights.gov.au/africanaus/review/index.html (viewed 15 February 2012); Australian Human Rights Commission, Ismaع
– Listen: National consultations on eliminating prejudice against Arab and
Muslim Australians (2004). At: http://www.humanrights.gov.au/racial_discrimination/isma/report/index.html (viewed
15 February 2012).

^[24] Australian Human Rights Commission, Ismaع – Listen: National
consultations on eliminating prejudice against Arab and Muslim Australians,
as above.

^[25] Access and Equity
Inquiry Panel, note 18 at page 10.