Submission to the inquiry into injustice affecting First Nations people in the areas of housing, secondary and tertiary education, and health – Feb 2024
Our submission to the Yoorrook Justice Commission’s inquiry into the experiences of First Nations people with housing, secondary and tertiary education, and health services provide insights the prevalence of discrimination, drawing on our complaints and enquiries data.
In 2021, the Yoorrook Justice Commission was formally established following months of work between the Victorian Government and the Assembly. Yoorrook means ‘truth’ in Wemba Wemba/Wamba Wamba language. The Commission is Aboriginal-led and is the first truth-telling body to be established in Australia.
In late 2023, the Yoorrook Justice Commission announced an inquiry into housing, secondary and tertiary education, and health. The inquiry requested, among other things, information relating to experiences and prevalence of discrimination affecting First Nations people in these areas.
We analysed our complaints and enquiries records that First Nations people made in the areas of housing, education and health, as well as research from leading organisations, to provide the Yoorrook Justice Commission with information regarding the prevalence of discrimination in those areas.
We also submitted information on the existing regulatory framework under the Equal Opportunity Act and the Charter of Human Rights and Responsibilities, and made eight recommendations to address discrimination, improve compliance with the Equal Opportunity Act and safeguard the rights of First Nations people in Victoria going forward.
Recommendations
| Recommendation 1 | The Equal Opportunity Act 2010 should be amended to increase enforcement powers. |
| Recommendation 2 | Funding should be made available to develop and deliver sustained education addressing racism against First Nations people for duty holders and the community. |
| Recommendation 3 | Rights to an adequate standard of living, education and health should be added to the Charter. |
| Recommendation 4 | Self-determination should be recognised in the Charter and First Nations people should be consulted with to determine the application and operation of the right. |
| Recommendation 5 | An independent cause of action should be made available under the Charter. |
| Recommendation 6 | An equal-access costs approach should be adopted for Charter claims. |
| Recommendation 7 | Compensatory remedies should be made available for breaches of the Charter. |
| Recommendation 8 | Alternative dispute resolution should be added as an option under the Charter. |
Downloads
- Submission to the inquiry into injustice affecting First Nations people in the areas of housing, secondary and tertiary education, and health – Feb 2024(PDF 5MB)
- Submission to the inquiry into injustice affecting First Nations people in the areas of housing, secondary and tertiary education, and health – Feb 2024(DOCX 4.62MB)