Complaint lodged with Human Rights and Equal Opportunity Commission 10.57AM, August 15, 2006

Dear Mr Brown,

I refer to your email received by this Commission on August 15, 2006 in which you seek information regarding discrimination based on religion.

For your information, the International Labour Organisation Convention Concerning Discrimination in Respect of Employment and Occupation (ILO111), which is scheduled to the Human Rights and Equal Opportunity Commission Act 1986 (the HREOCA), covers discrimination on the ground of religion only in the area of employment. Section 31 of the HREOCA gives the Commission authority to inquire into any act or practice that might constitute discrimination.  Undersection 3 of the HREOCA "discrimination' is defined as "any distinction, exclusion or preference' made on the ground of religion that "has the effect of nullifying or impairing equality of opportunity or treatment in employment'.To make a complaint of discrimination under the HREOCA, a person must demonstrate that a distinction has been made on the basis of  their religion.

Section 3 of the HREOCA also includes two exceptions to the definition of discrimination. This is that "discrimination" does not include any distinction, exclusion or preference:

        (c) in respect of a particular job based on the inherent requirements of the job; or

(d) in connection with employment as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, being a distinction, exclusion or preference made in good faith in order to avoid injury to the religious susceptibilities of adherents of that religion or that creed.

The link below will direct you to the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief and the Discrimination (Employment and Occupation) Convention which cover religion under the Human Rights & Equal Opportunity Commission Act 1986.

 http://www.hreoc.gov.au/human_rights/index.html

If you have any other questions please feel free to contact me on 1300 656 419 or via e-mail at complaints info@humanrights.gov.au. If you would like more information about the Commission's role and functions please visit our website at www.humanrights.gov.au.

Kind Regards,

Louise Kyriakopoulos
Complaint Information Officer
Human Rights & Equal Opportunity Commission
Info Line: 1300 656 419 (cost of a local call)
www.humanrights.gov.au
 

 

 

Thankyou Louise for your rapid response.

I have read your response and was unable to determine if HREOC will
inquire into my complaint of discrimination or if possible could that be
put in plain English terms for me.

regards


John Brown

 

Louise,

My apologies, I believed I was responding to my complain which I lodged
this morning. I believe my previous email will make little sense - my
apologies.

I shall follow the directions you have provided and thank you for your
rapid response and information.

regards

John Brown

 

 

Dear Mr Brown,

I refer to yourresponse to my email dated August 15, 2006 enquiring whether thisCommission is able to enquire into your complaint which you state youlodged earlier this morning.

I have spoken to ouradministration department and have been advised that we have receivedyour on-line complaint form which has been forwarded to the Director ofthe Complaint Handling Section for assessment.

You will be notified in due course once the matter has been assessed.

If you have any otherquestions please feel free to contact me on 1300 656 419 or via e-mailat complaintsinfo@humanrights.gov.au. If you would like moreinformation about the Commission's role and functions  please visit ourwebsite at www.humanrights.gov.au_

file://www.humanrights.gov.au

Kind Regards,

Louise Kyriakopoulos
Complaint Information Officer
Human Rights & Equal Opportunity Commission
Info Line: 1300 656 419 (cost of a local call)
www.humanrights.gov.au 

 

COMPLAINT LODGED 10.57AM, August 15, 2006

 

The following submission was made to the  Human Rights and Equal Opportunity Commission at 10.57AM, August 15, 2006

 

PART1 - Your Details
Yourname:
StreetAddress:
Suburb:
Postcode:	State/Territory QLD
Telephone:
TTY:
Email address:	Type your email address below again to confirm:
Wouldyou like a copy of your complaint emailed to you?	YES Please note: You must include an email address if you want an electronic acknowledgement.
Do youneed to communicate with the Commission electronically?	YES Pleaseadvise why: As the result of clergy abuse I have difficulty in most areas of communication, however I have an ability to be clearer and more confident via email.As well I have a record of all communications I have made in regards this and other related matters which are stored electronically via my email system.
Areyou making this complaint on behalf of some one else?	YESNO If yes, Pleaseenter the name of that person: What is yourrelationship to that person: Religion, suffered similar sexual abuse as a child, experienced similar bullying as other victims of clergy abuse.
Do youhave a solicitor/advocate representing you?	NO If yes, pleaseenter the name of the person The organisationthey work for The Address(if applicable) Telephone:
PART2 - The Respondent I am complainingabout:
Name/ Organisationname (if applicable)
Respondent'sAddress:	Respondent's Address: St Patrick's CathedralPO Box 146, East Melbourne, Vic 3002.
Respondent'sTelephone:
Whatis this person's relationship to you eg employer, landlord, providesgoods or services to you?	provider of religious and other services
Ifthere is more than one respondent enter the 2nd respondents detailsbelow:
2ndRespondent:
2ndRespondent's Address:	Respondent's Address: St Patrick's CathedralPO Box 146, East Melbourne, Vic 3002.
2ndRespondent's Telephone:
Whatis this person's relationship to you eg employer, landlord, providesgoods or services to you?	Management and provider of religious and other services
Part3 - Details about the complaint
Whyare you complaining to the commission? Please choose from the listbelow:
I have been sexuallyharassed
Ifyou have been treated unfairly for another reason, please statethat reason:	I am being bullied and discriminated against on the basis of my religion.
Whendid this happen to you? (Provide the date or dates of the events you are complaining about)	A range of dates spanning the last 3 years. All communications have been documented and are too numerous to provide specific dates in this format.
Whathappened to you? Describethe events that you want to complain about. You needto say what happened, when it happened, who did it and where ithappened. Put in asmuch detail as you can and detail why you think this happenedbecause of your race, sex, disability etc.	I am being bullied and discriminated against on the basis of my religion.I also have been the victim of clergy abuse, I identified this to the Independent Commission into Sexual Abuse established by the Catholic Archdiocese of Melbourne. After an investigation by the Independent Commission it has provided me with an application for compensation.There are several points on which I believe I am not afforded the same rights as other Catholics and as other recipients of aid and assistance through the Catholic Archdiocese of Melbourne.I find that I am being treated via the Independent Commission under a set of regulations which do not provide for me the same rights as other Catholics throughout Australia as well as other Catholics throughout the world.I believe that I am further discriminated against and victimised by the Catholic Archdiocese of Melbourne through their presentation to me of an Application for CompensationI believe that I am and have been bullied by the process established by the Catholic Archdiocese of Melbourne and that I continue to experience that bullying.I have been been further victimised via The Independent Commission established by the Catholic Archdiocese of Melbourne through its failure to provide answers to questions I have provided.I have been requested to provide detailed information in regards my abuse and to provide an impact statement. I believe that The Catholic Archdiocese of Melbourne demands this from victims of clergy abuse in the full knowledge that it requires a victim to revisit the experiences of their abuse and that further that The Catholic Archdiocese of Melbourne uses this to abuse, harrass and strip victims of their legal rights and that it further bullies and harrasses victims into an enforced silence on to issues pertaining to their abuse when The Catholic Archdiocese of Melbourne of simply cannot be unaware of the further harm that these actions causes as their is simply a plethora of research showing this to be the case as well as statements made by victims who have been bullied and harrassed though the processes as established by the Catholic Archdiocese of Melbourne and supported vie The Independent Commission.I believe my right to an independent hearing cannot be provided via the current Commission which is funded by the Catholic Archdiocese of Melbourne and it is to the Catholic Archdiocese of Melbourne to which the Commissioner reports.I belive that it is abhorrent that a victim of sexual abuse should be encouraged to provide detailed information on the experience and on the effects on their lives to the same organisation which has been publicly criticised by Magistrates, Judges and a broad range of print and television media, Internet sites and films as to the part it played in permitting known paedophiles to continue to perpetrate their crime in the full knowledge of The Catholic Archdiocese of Melbourne.I believe that each and every victim of clergy abuse who has been processed by the Independent Commission into Sexual Abuse has been the subject of legal, emotional, spiritual abuse and has been the subject of bullying and have had their legal rights removed as a direct result of that bullying process.I believe that it is a further act of bullying when victims are provided with an application which does strip me of rights enshrined in the Universal Declaration of Human Rights and that it further bullies victims through the silence or non-disclosure portions of the agreement. The existence of these silence or non-disclosure aspects of the agreement have been publicly denied by leaders of the Catholic Church in Australia and by the Catholic Archdiocese of Melbourne.I believe that many other rights of these and other individuals have had their rights stripped as the result of what appears to be endemic bullying within the Catholic Archdiocese of Melbourne. I believe that these and other methods of bullying are endemic across the entire spectrum of organisations under the control of the Catholic Archdiocese of Melbourne and that this demands your immediate attention.I have made a range of attempts to come together with the Catholic Archdiocese of Melbourne. I have received little or no response to many attempts together with a complete failure to attempt to address these matters by the Catholic Archdiocese of Melbourne.
Part4 - How has this affected you?
Whatloss or harm have you experienced because of what happened to you?	This has caused me to lose faith in my fellow man, faith in the veracity of those representing Christianity. It has affected me on a daily basis to such an extent that I am unable to complete the duties of my employment.
Documents? Ifyou have documents that can help us you can send them in and wewill attach them to your complaint. Documents could include medicalcertificates, termination notices, references, copies of advertisements,relevant photos. If you have electronic documents or photos thatwill help our inquiry you should send them to newcomplaints@humanrights.gov.au after you complete this form. Check this box if you intend to forward additional documents toHREOC via email.
Part5 - Results?
What kindof outcome do you want to resolve your complaint?	I would like for myself and others to be treated fairly and justly without discrimination, without the loss of any of my or their rights. I would like us all to be treated as a human being and that consideration for my and others past experience be taken into account as a means of stopping the bullying process which I believe ies endemic. I would like for myself and others to be fairly compensated in a non-discriminatory manner and that that compensation should include the return of all direct costs to those victims.
Part6 - Other ways you have tried to resolve the complaint?
Complaintsto other agencies	Have youmade your complaint to another agency? eg state Anti DiscriminationBoard or Equal Opportunity Commission, the Ombudsman, the IndustrialRelations Commission? YESNO If so whatwas the outcome to your complaint? Carelink - no responseThe Independent Commission int Sexual Abuse - no response to recent communications.
or

EMAIL Tuesday, 15 August 2006 10:10 AM

-----Original Message-----
From: John [mailto:john@**********.com.au]
Sent: Tuesday, 15 August 2006 10:10 AM
To: Complaints Info
Subject: re: furthyer Information
I am writing seeking information on discrimination based on religion.
Could you direct me to those parts of your site which deals with this.
rgds
John Brown