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Category: Uncategorised

Created: Thursday, 08 September 2011 15:42

Written by Alecomm

Dear Ms MacDonald,

I refer to your emails dated 26 August 2011, regarding Ms M’s current situation.

You say that Ms M has been denied Legal Aid for her court case against the NSW Department of Community Services. You say that you believe that Ms M has had her human rights breached as she has been denied legal representation. You quote the International Covenant on Civil and Political Rights (ICCPR). You say that you believe that Ms Mercer’s child has also had her human rights breached under the Convention on the Rights of the Child (CRC).

Our laws:

The Australian Human Rights Commission has the power to investigate and conciliate complaints about:

•       discrimination because of a person’s race, sex, pregnancy, marital status, age or disability as well as sexual harassment in specific areas of public life, such as, employment, education, providing you with goods and services and accommodation;

•       racial hatred that takes place in public;

•       discrimination in employment because of a person’s criminal record, sexual preference, trade union activity, religion, political opinion or social origin; or

•       breaches of human rights by the Commonwealth of Australia.

Human Rights:

You say that you feel that Ms M’s human rights have been breached as she has been denied legal representation by Legal Aid NSW. You also say that you feel that Ms M’s child has had their human rights breached. Under the Australian Human Rights Commission Act 1986 (Cth) (AHRCA) this Commission can investigate breaches of human rights. Under the AHRCA, human rights are defined in a very specific way. To make out a complaint of a breach of human rights under the AHRCA, two requirements must be met:

•       the organisation which you are complaining about must be the Commonwealth or one of its agents; and

•       the treatment you are complaining about must relate to those human rights set out in the international human rights instruments that are scheduled to the AHRCA such as the International Covenant on Civil and Political Rights (ICCPR). 

As you are raising concerns about the administrative decision of a State government body, such as the Legal Aid NSW and the NSW Department of Community Services, it does not appear that we can consider this claim. However, you may wish to contact the NSW Ombudsman to discuss your concerns.

The NSW Ombudsman can be contacted at:

Phone:   02 9286 1000

Toll free:       1800 451 524

Email:   This email address is being protected from spambots. You need JavaScript enabled to view it.

Web:             www.ombo.nsw.gov.au

Additionally, in regard to concerns you may have about the Children’s Court, the Commission’s complaint handling power does not extend to considering claims related to decisions or actions of courts. This Commission has no authority to change a decision or order made by the Court. The decisions of judges are afforded judicial immunity when considering matters before a court or tribunal, which means that they are protected from suits against them including claims of discrimination or human rights breaches. 

If you have any questions about this email or if you would like to provide more information for the Commission to consider, please contact me on 1300 656 419.

Kind regards,

Eleni Bailey

Complaint Information Officer

Complaint Handling Section

Australian Human Rights Commission

Level 3, 175 Pitt St, Sydney NSW 2000

GPO Box 5218, Sydney NSW 2001

T 1300 656 419   F +61 2 9284 9611 

E This email address is being protected from spambots. You need JavaScript enabled to view it. W www.humanrights.gov.au

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