People and performance

Organisational excellence

The Commission is accredited as an ‘A status’ national human rights institution (NHRI) by the International Coordinating Committee (ICC) of National Institutions for the Promotion and Protection of Human Rights.

The ICC is responsible for accrediting new NHRIs, as well as re-accrediting existing NHRIs every five years, according to a rigorous and transparent process endorsed by the United Nations.

In order to receive ‘A status’, NHRIs must be established and operate in compliance with the Principles Relating to the Status of National Institutions, commonly known as the ‘Paris Principles’.

While our ‘A status’ gives us greater opportunities to contribute to reviews and discussions at the United Nations Human Rights Council, it is accompanied by a set of responsibilities which the Commission must meet.

New four-year strategic plan

2013-14 marks the final year of the Commission’s current three-year strategic plan.

During the year, the Commission prepared its Strategic Plan 2014-18. The plan meets the Commission’s new legal obligations as an independent corporate entity under the Public Governance, Performance and Accountability Act 2013 (Cth).

The Act requires the Commission to have a corporate plan that forms the basis of annual reporting of performance and evaluation. We have built on our planning framework to ensure we meet the reporting obligations set out in the legislation.

Our work over the next four years will focus on three priority areas:

• Human rights education and promotion – to build awareness of rights and freedoms in the community
• Engaging with business on human rights– to encourage innovation in promoting human rights, to provide support to prevent workplace discrimination and to assist in resolving disputes
• Ensuring freedom from violence, harassment and bullying – by promoting human rights safeguards.

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Working at the Commission

Workplace philosophy

The Commission has a collaborative, innovative and flexible workforce that is representative of the Australian community. Our staff are engaged, respected and encouraged to perform at the highest levels and to maintain an effective work-life balance. We invest in our staff through targeted professional development activities and we listen to our staff to ensure we understand individual needs.

The Commission benchmarks the diversity of its workforce against the Australian Public Service Commission’s State of the Service Report. We continue to exceed APS targets for all diversity groups.

We introduced a new internship program this year, prioritising applicants from an Aboriginal or Torres Strait Island background and applicants with a disability. We also attracted many interstate candidates to better reflect our role as a national human rights institute.

Staff development and training

During 2013-14, the Commission delivered the following learning and development activities to staff:

• Aboriginal and Torres Strait Islander Cultural Competence
• Australian Privacy Principles
• Career Development Workshops
• Certificate IV in Training and Assessment
• Disability Awareness Workshops
• First Aid
• Giving Effective Feedback
• Leading Successful Projects
• Public Interest Disclosure.

We complemented these externally presented sessions with in-house employment policy information sessions, inductions and workplace health and safety (WHS) sessions.

Performance feedback

The Commission conducts an annual review of staff performance. This enables us to identify key areas for learning and professional growth for the coming year. We also conducted individual discussions with policy staff following a skills audit this year, as part of the transition to our new policy structure.

Health and safety at work

The Commission has a strong and proactive record on WHS issues. We hold regular health and well- being lunchtime sessions and we encourage best practice in workplace safety and risk management. The Commission passed an independent audit of both its Workplace Rehabilitation systems and WHS systems this year. One workers compensation claim was received for the reporting period and no systemic issues of concern were identified.

Workplace relations and employment arrangements

The Commission’s current enterprise agreement with staff nominally expired on 30 June 2014. Preliminary discussions are underway to negotiate a new Agreement under the new APS employment bargaining framework. The Commission has three Senior Executive Service employees, each covered by a section 24(1) Determination. During this period, the Commission had six non-SES employees on Individual Flexibility Arrangements. The Commission does not provide performance payments.

Recruitment

The Commission was limited in its recruitment activities during 2013-14, with the Interim Recruitment Arrangements placed on all APS agencies in November 2013. Since that time, all ongoing employment advertising required approval by the Australian Public Service Commissioner and there have been no approvals to advertise beyond current APS employees.

Changes to disability reporting in annual reports

Since 1994, Commonwealth departments and agencies have reported on their performance as policy adviser, purchaser, employer, regulator and provider under the Commonwealth Disability Strategy. In 2007-08, reporting on the employer role was transferred to the Australian Public Service Commission’s State of the Service Report and the APS Statistical Bulletin. These reports are available at www.apsc.gov.au. From 2010-11, departments and agencies have no longer been required to report on these functions.

The Commonwealth Disability Strategy has been overtaken by the National Disability Strategy 2010- 2020, which sets out a ten-year national policy framework to improve the lives of people with disabilities, promote participation and create a more inclusive society. A high-level, two-yearly report will track progress against each of the six outcome areas of the Strategy and present a picture of how people with disabilities are faring. The first of these reports will be available in late 2014 and can be found at www.dss.gov.au.

Working to make our workplace environmentally sustainable

As an organisation, we seek to make improvements in how we work in order to minimise our environmental impact. These include reducing our printing requirements and paper consumption by publishing all key documents online.

We have also updated a range of our internal processes to utilise electronic rather than paper- based systems.

Promoting staff ethics

We have an Ethics Contact Officer who is responsible for ethics-related issues in the workplace and for fostering a high performing ethical culture. We participate in and receive information from ECONET, an APS network of ethics officers, and the APS Ethics Advisory Service. No issues were raised for investigation or resolution during the year in review and no Public Interest Disclosures were made.

Our staff

The Commission’s average staffing level for the year was 122.35, with a turnover of 15% for ongoing staff. The Commission has a diverse workforce mix, which includes:

• 74% women
• 2.9% Aboriginal and Torres Strait Islander people
• 10.1% people with disabilities
• 23.2% people from culturally and linguistically diverse backgrounds.

The Commission’s staffing profile was amplified in 2013-14 due to the continuation of the Australian Defence Force Review and the commencement of the National Inquiry into Children in Immigration Detention.

An overview of the Commission’s staffing profile, as at 30 June 2014, is provided at Appendix 5.

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Management accountability

Our main corporate governance practices

The Commission, as a legal entity, is constituted by the President and the Commissioners. The President is the senior member of the Commission. The Commission meets every six to eight weeks to make its decisions. All meetings are minuted.

The responsibilities of the Commission include preparing and implementing the strategic plan, ensuring compliance with the APS Code of Conduct, ensuring transparency and accountability for our work and fostering high ethical standards in its execution. The President has specific responsibility for financial management but has delegated some of those functions to the Executive Director.

The Commission has developed a Governance Handbook, which sets out its responsibilities and, where relevant, the individual responsibilities of the President and specific Commissioners.

Identifying financial and operational risk

We annually review and identify changes to business and operational risks through our business risk assessment. Risks are categorised according to whether they are strategic or corporate in nature. Controls and risk-mitigating strategies are also identified, along with an assessment of the residual risk.

Protecting against fraud

We have undertaken a Fraud Risk Assessment, developed a Fraud Control Plan and have procedures and processes in place to assist in fraud prevention, detection, investigation and reporting in line with the Commonwealth Fraud Control Guidelines. The Fraud Control Plan is available electronically to all Commission staff.

Audit committee

Consistent with the Australian Stock Exchange principles of good corporate governance and the requirements of the Financial Management and Accountability Act 1997 (Cth), the Commission maintains an audit committee. The audit committee advises the President on compliance with external reporting requirements and the effectiveness and efficiency of internal control and risk management mechanisms. The audit committee met four times during the reporting period.

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People and performance

Key Performance Indicators and standards for our Investigation and Conciliation Service

The Commission has developed Key Performance Indicators (KPIs) and standards which form the basis for ongoing assessment of our complaint service.

These indicators, and our performance against them in 2013-14, are summarised below.

• Timeliness. Our stated performance standard is for 80% of complaints to be finalised within 12 months of receipt. In 2013-14, 85% of complaints were finalised within six months, 94% within nine months and 97% within 12 months. The average time from lodgement to finalisation of a complaint was approximately 3.4 months. There has been an ongoing improvement in the timeliness of the complaint process over recent years.

• Conciliation rate. Our stated performance standard is for 30% of all finalised complaints to be conciliated. In 2013-14, 49% of all finalised complaints were conciliated and 70% of complaints where conciliation was attempted were successfully resolved. The conciliation success rate is the highest achieved in recent years.

• Service satisfaction. Our stated performance standard is for 80% of parties to complaints to be satisfied with the service they receive. In 2013-14, 91% of surveyed parties reported that they were satisfied with the service and 69% rated the service as ‘very good’ or ‘excellent’. In recent years, there has been an ongoing increase in the number of participants who rate the service they receive as ‘very good ‘or ‘excellent’ (58%-69%). Where complaints were conciliated, 97% of parties reported that they were satisfied with the service and 77% rated the service as ‘very good ‘or ‘excellent’. Further details of survey results for this reporting year are provided below.

 

 

Measuring satisfaction with the complaint service

We seek feedback on aspects of the service from people lodging complaints (complainants) and people responding to complaints (respondents). The survey can be completed online or in other formats. Feedback is sought regardless of the outcome of the complaint and the following results include feedback from parties where the complaint was terminated, withdrawn or discontinued.

In 2013-14, 205 complainants and 258 respondents agreed to participate in the survey. The survey found that:

• 90% of participants (85% of complainants and 95% of respondents) felt that Commission staff explained things in a way that was easy for them to understand
• 93% of participants (89% of complainants and 96% of respondents) felt that forms and correspondence from the Commission were easy to understand
• 81% of participants (77% of complainants and 84% of respondents) felt that the Commission dealt with the complaint in a timely manner
• 85% of participants (80% of complainants and 90% of respondents) felt they were treated fairly.

Our Charter of Service

Our Charter of Service provides an avenue through which complainants and respondents can understand the nature and standard of service they can expect, as well as contribute to continual improvement of our service. All complainants are provided with a copy of the Charter when their complaint is accepted by the Commission.

Respondents receive a copy when they are notified of a complaint. Our Charter of Service is available at: humanrights.gov.au/complaints-charter-service

In 2013-14 the Commission received two complaints about its service under the complaint process provided in the Charter.

Ensuring accountability for our administrative decisions

People who are affected by administrative decisions we have made may be entitled to seek a review of those decisions before a court or tribunal.

Judicial review: Judicial review of Commission decisions can be sought by application to the Federal Court or the Federal Circuit Court under the Administrative Decisions (Judicial Review) Act 1977 (Cth).

In accordance with established legal principle, the Commission (as decision maker) usually does not play an active role in those proceedings. This is to avoid a perception of bias in the event that a matter is remitted to the Commission for further determination. Instead, the Commission agrees to be bound by the decision of the Court and leaves the substantive parties (usually the complainant and respondent to a complaint that was before the Commission) to argue the matter.

In 2013-14, the Federal Circuit Court dismissed one application for review of a Commission decision. One application for judicial review is ongoing.

Merits review: Some decisions of the Commission or its staff (acting under instruments of delegation) are subject to merits review by the Administrative Appeals Tribunal (AAT). These include decisions made under the Freedom of Information Act 1982 (Cth) and decisions on applications for temporary exemptions under section 44 of the Sex Discrimination Act, section 55 of the Disability Discrimination Act and section 44 of the Age Discrimination Act. In 2013-14, one application for merits review by the AAT was made and this application is ongoing.

Facilitating freedom of information

The Freedom of Information Act 1982 (Cth) gives the general public legal access to government documents.

Documents held by the Commission relate to:

• administration matters, including personnel, recruitment, accounts, purchasing, registers, registry, library records and indices
• complaint handling matters, including the investigation and resolution of complaints
• legal matters, including legal documents, opinion, advice and representations
• research matters, including research papers in relation to complaints, existing or proposed legislative practices, public education, national inquiries and other relevant issues
• policy matters, including minutes of Commission meetings, administrative and operational guidelines
• operational matters, including files on formal inquiries
• reference materials, including press clippings, survey and research materials, documents relating to conferences, seminars and those contained in the library.

All initial inquiries about access to Commission documents are directed to our Freedom of Information Officer, who can be contacted by either telephoning (02) 9284 9600 or by writing to:

Freedom of Information Officer
Australian Human Rights Commission
GPO Box 5218
Sydney NSW 2001

We follow procedures for dealing with Freedom of Information requests detailed in section 15 of the Freedom of Information Act. A valid request must:

• be in writing
• state that it is a request for the purposes of the Freedom of Information Act
• include details of how notices under the Freedom of Information Act can be sent to them, such as an email address
• specify the documents to which access is sought.

Since 1 May 2011, agencies subject to the Freedom of Information Act have been required to publish information to the public as part of the Information Publication Scheme (IPS). The Commission’s plan, which shows what information is published in accordance with the IPS requirements, is available on our website at: humanrights.gov.au/ips/ ips_scheme.html.

Consultancy services

We use consultants where there is a need to access skills, expertise or independence that is not available within the organisation.

We engage consultants where we lack specialist expertise or when independent research, review or assessment is required. Consultants are typically engaged to investigate or diagnose a defined issue or problem, carry out defined reviews or evaluations, or provide independent advice, information or creative solutions to assist us in our decision making.

Prior to engaging consultants, we take into account the skills and resources required for the task, the skills available internally, and the cost-effectiveness of engaging external expertise. The decision to engage a consultant is made in accordance with the Financial Management and Accountability Act 1997 (Cth) and related regulations, including the Commonwealth Procurement Guidelines and relevant internal procurement policies and controls.

During the year under review, six new consultancy arrangements were entered into for a total amount of $285 172 (including GST). During the reporting period these contracts involved total actual expenditure of $228 530 (including GST).

Annual reports contain information about actual expenditure on contracts for consultancies.

Information on the value of contracts and consultancies is available on the AusTender website: www.tenders.gov.au.

Advertising and market research

During the reporting period, the Commission engaged Roy Morgan Research Pty Ltd to undertake research into the prevalence of workplace discrimination related to maternity leave and return to work. The total value of the contract was $150 354 (including GST) and this contract was fully paid. We paid $803 (including GST) on non-campaign advertising (recruitment) and $7351.86 (including GST) on non-campaign advertising (gazetting Discrimination Act exemptions, event notifications and program advertising).

MOU and fee-for-service arrangements

The Commission provided fee-for-service activities and received sponsorship from a number of entities during 2013-14. Approximately $6.039 million in fees, sponsorship and cost recoveries were earned by the Commission through MOUs and service contracts as set out below.

Service fees or sponsorship from related parties performed under MOU arrangements

Description of services	Client/Sponsor	2013-14 Revenue earned ($,000)
Provision of shared corporate services including Finance, HR and IT	Office of the Australian Information Commissioner	$1 065
Provision of sublease at 175 Pitt Street Sydney	Office of the Australian Information Commissioner	$900
Provision of accommodation	Attorney-General’s Department	$82
Provision of ITC support services	Attorney-General’s Department	$49
Alternative dispute resolution training	Office of the Australian Information Commissioner	$6
Provision of management services for the human rights technical support arrangements, principally with China and Vietnam	AusAID	$1 857
Review of treatment of women at the Australian Defence Force Academy	Australian Defence Force	$1 037
Sponsorship of the Young People’s Medal of the 2013 Human Rights Awards	Department of Social Services	$10
Sponsorship of research into workplace discrimination related to pregnancy, parental leave and return to work	Attorney-General’s Department	$464
Supporting participation of representatives of indigenous peoples’ organisations in key international forums on human rights	FaHCSIA	$7
Development of national curriculum resources	Australian Broadcasting Commission	$27
Supporting participation of people with disabilities in international forums on human rights	FaHCSIA	$121
Other	Various	$16
Total services to related parties		$5 641

Service fees or sponsorship from unrelated parties performed under contracts

Description of services	Client/Sponsor	2013-14 Revenue earned ($,000)
Provision of secretariat for Close the Gap Campaign	Various, including Oxfam, Fred Hollows Foundation	$174
Advice on human rights issues in emerging economies	Cardno Ltd	$7
Support for publication reprint ofYour Rights at Retirement	CBUS NSW Department of Family and Community Services	$10 $3
Develop materials for the classroom project on 20 Years: 20 Stories	Australian Centre for Disability Law	$11
Development of material for mobility access	Returned Serviceman’s League (RSL)	$10
Provision of shared services	Secretariat of the Asia Pacific Forum of National Human Rights Institutions	$84
Alternative dispute resolution training	Hong Kong Equal Opportunities Commission SA Employee Ombudsman	$16 $11
Ticket sales and sponsorship for the 2013 Human Rights Awards	Various	$45
Research into women’s return to work	Westpac	$20
Other	Various	$7
Total services to unrelated parties		$398