Law reform & advocacy

People who rent in public and community housing need safe, secure homes

We are Tenant Advice and Advocacy Services and community legal centres across NSW, who provide advice and advocacy to renters in public (including Aboriginal Housing Office homes) and community housing.

Submission on the Equality Legislation Bill Inquiry

KLC provided a submission to the NSW Legislative Assembly's Committee on Community Services in relation to the Equality Legislation Amendment (LGBTIQA+) Bill. The Bill proposes to amend legislation across NSW that continues to discriminate against LGBTIQA+ people or fails to meet their human rights. KLC’s submission focussed on particular important changes to anti-discrimination law in NSW.

Inquiry into the Australian Human Rights Commission Amendment (Costs Protection) Bill

KLC submission - January 2024.

Response to Questions on Notice for the Joint Parliamentary Committee on Human Rights’ Inquiry into Australia’s Human Rights Framework

KLC responded to Senator Lidia Thorpe’s questions on notice about the onus of proof, costs, and representative complaints under a new federal human rights framework.

Endorsement of Open Letter: Lawyers call for mental health professionals to be first responders, not police

KLC joined with other legal centres and academics and signed an open letter calling for mental health professionals to be the first responders to mental health crises, rather than police.

Preliminary submission to the NSW Law Reform Commission on the Anti-Discrimination Act 1977 (NSW)

KLC has been advocating for many years for reform to our state Anti-Discrimination Act 1977. This key human rights legislation is complicated, inconsistent and lacks some vital provisions that exist under federal discrimination laws. KLC’s submission argues for a modern, inclusive, and cohesive state discrimination law.

Scrap the Cap

KLC supported the Student Network for International Students (SNIS)’s call to lift the cap on international student working hours.

Submission to NSW Department of Customer Service on Improving NSW Rental Laws

KLC advocated for better rights for tenants in NSW, including removing ‘no grounds’ evictions, limiting rent increases, and making it easier for tenants to have pets.

Endorsement of Women’s Legal Service Australia’s submission to the Senate Legal and Constitutional Affairs Legislation Committee Inquiry into the Family Law Amendment Bill 20023

KLC joined with other community legal centres to endorse Women’s Legal Service Australia’s submission on reforms to the Family Law Act 1975.

Submission to Department of Employment and Workplace Relations on Updating the Fair Work Act 2009 to provide stronger protections for workers against discrimination

KLC advocated for better protections for workers experiencing discrimination in a submission to Department of Employment and Workplace Relations. Amongst our recommendations, we suggest that the Fair Work Act 2009 should expressly prohibit indirect discrimination, and that people experiencing domestic and family violence should be protected from discrimination under the Act.

Power2Prevent

The Power2Prevent coalition welcomes the introduction of new legislation that aims to remove financial barriers that prevent victims of workplace discrimination and sexual harassment from seeking justice.

The bill proposes that people who successfully claim workplace discrimination and sexual harassment can recoup their legal costs, while those who are unsuccessful are protected from having to pay the defendant’s legal costs (except in certain, limited circumstances).

We are pleased to be part of the Power2Prevent coalition that advocated strongly for change on this issue. Read the joint statement and media release for more information.

Equality Legislation Amendment (LGBTIQA+) Bill 2023 and urgent ban on conversion practices

KLC wrote to Attorney-General and our local MP Michael Daly about the Equality Legislation Amendment (LGBTIQA+) Bill 2023 and an urgent ban on conversion practices.

Inquiry into Australia’s Human Rights Framework

KLC has supported a federal Human Rights Act in a submission to the Parliamentary Joint Committee on Human Rights. A Human Rights Act is sorely needed to protect the rights of our clients and community. In our submission, we argue that the new Act should protect economic, social, and cultural rights (like the right to an adequate standard of living and a right to education) as well as civil and political rights. We provide a number of case studies in support of this, highlighting how human rights are not fully and equally enjoyed by all people in Australia and how a Human Rights Act could better protect human rights by providing enforceable remedies for human rights violations. We also argue the importance of a Human Rights Act for shaping government decision-making in accordance with human rights principles and increasing community awareness about human rights.

Find out more about a possible model for a Human Rights Act in Australia, have a read of the Australian Human Rights Commission’s position paper.

Submission on Consultation Paper - Review into an Appropriate Cost Model for Commonwealth Anti-Discrimination Laws (2023)

 KLC and 17 other community legal centres across Australia have endorsed an Equal Access (asymmetrical) costs model for all applicants in federal sexual harassment and discrimination law cases. In this submission, we recommend this model because it is the only costs model that protects applicants to enforce their legal rights, but also enables them to access legal representation. We also recommend other ancillary reforms to enable this Equal Access model to be effectively implemented. These include reforms to ensure that discrimination proceedings are clearly understood in the law to be public interest proceedings, to ensure any Equal Access model is effectively reviewed by Parliament and to ensure adequate funding to the legal assistance sector, including on the proposed new costs model.

KLC Signs Power2Prevent Coalition Statement on Equal Access Costs Model

KLC has joined 78 other organisations, legal practitioners, and academics from across Australia in advocating for an Equal Access costs model in federal discrimination law cases. This model would allow people who experience discrimination and sexual harassment to recover their legal costs if successful. If unsuccessful, they would not be required to pay the other side’s costs, with some limited exceptions such as for vexatious litigation. This model is similar to costs protections already available in whistleblowing law. Adopting this model would mean that people do not face a lifetime of debt simply for enforcing their rights.

Submission to the FWC on Changes to Sexual Harassment Jurisdiction

KLC has made a submission on the Fair Work Commission’s Implementation Report: Sexual Harassment in Connection with Work. This report discusses key issues with implementing recent changes from the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 to the Fair Work Commission’s jurisdiction with respect to sexual harassment.

KLC advocated for a new sexual harassment jurisdiction that is as easy to navigate for applicants as possible to assist with reporting sexual harassment. We proposed several changes to the new sexual harassment complaint forms and case work management process to ensure that these are simple to access and are trauma-informed, including by addressing safety issues and ensuring information about legal and non-legal supports. Lastly, we stressed the need for a stronger focus on confidentiality issues on ensuring that any confidentiality provisions in NDAs are at the express request of people who have alleged sexual harassment. We argue that this is needed to best support the rights and interests of complainants of sexual harassment and to ensure that employers comply with their new positive duty take steps to eliminate sexual harassment.

Submission on the ALRC Inquiry into Religious Education Institutions and Anti-Discrimination Law - 24.2.2023

Kingsford Legal Centre made a submission on the Australian Law Reform Commission’s Religious Educational Institutions and Anti-Discrimination Laws: Consultation Paper (2023). KLC has long supported the need for federal laws that protect persons from religious discrimination for people of diverse religions and no religion. However, in this submission we argue that this needs to be done in conjunction with Australia legislating a comprehensive, integrated federal human rights act. We argue that this is vital to ensure that Australia protects all human rights and has robust mechanisms for balancing competing rights, such as through proportionality tests. We also endorse the ALRC’s recommendations to prohibit all forms of discrimination against students and staff in religious educational institutions, including discrimination on the basis of a person’s sex, sexual orientation, gender identity, intersex status, marital or relationship status, pregnancy or potential pregnancy, or breastfeeding status. Lastly, we raise concerns about any proposal for preferential treatment of prospective staff on religious grounds.

KLC endorses joint submission on Employment White Paper (5 December 2022)

KLC endorsed a joint submission by WEstjustice Community Legal Centre, South-East Monash Legal Service (SMLS), JobWatch Inc and University of Melbourne Student Union (UMSU) Legal Service on the Commonwealth Government’s Employment White Paper. The submission proposes key areas for law reform to federal employment and anti-discrimination laws. These include reform proposals to improve job security, fair pay, and conditions, to ensure pay equity and equal opportunities for women, to improve labour market outcomes for those who face challenges in employment, and to prevent exploitation of migrant workers.

Joint Media Release on the Passing of the Respect@Work Bill 2022 (29 November 2022)

KLC joined Women’s Legal Service NSW and Community Legal Centres Australia in congratulating the government on the passing of the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022. In particular, we welcomed the introduction of a positive duty on employers to take measures to eliminate unlawful sex discrimination. Our centres also congratulated the government for revising the Bill to include a statutory review provision and for undertaking to immediately commence an inquiry into how legal costs operate in federal anti-discrimination matters. We note that these will be key measures to ensure that the legislation is revised again to provide greater consistency and intersectionality in federal discrimination laws and to enable consultation on the best costs model for our clients.

Joint Media Release on the Respect@Work Bill 2022 Senate Inquiry Report (4 November 2011)

KLC joined Women’s Legal Service and Community Legal Centres Australia in raising key concerns about the Senate Legal and Constitutional Affairs Legislation Committee Report on the Government’s Anti-Discrimination and Human Rights Legislation.  Our organisations welcomed the Bill for giving effect to key recommendations in the Respect@Work Report, including legislating a positive duty on employers to take measures to eliminate sexual harassment at work. However, we called on the government to consider introducing an equal access costs model for federal discrimination litigation under the Bill, provide greater intersectionality on the Bill (including creating a positive duty on employers to take measures to eliminate all forms of unlawful discrimination), and provide greater funding to the Australian Human Rights Commission to enable it to perform its compliance role under the Bill.

Open Letter on the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (28 October 2022)

KLC and 11 other leading community legal centres across Australia wrote to the Australian Government outlining key concerns with the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022. While our centres congratulated the government for implementing several crucial recommendations of the Respect@Work Report, including the introduction of a positive duty on employers to take measures to eliminate sexual harassment at work, we raised concerns about a number of other provisions in the Bill. Key concerns included the need to substantially increase funding for the Australian Human Rights Commission to enforce the positive duty, the need for an equal access model for costs, the importance of the positive duty extending further to all forms of unlawful discrimination at work, and the need for ongoing statutory review of the Bill.

Submission on the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (17 October 2022)

KLC provided a submission on the Anti-Discrimination and Human Rights Legislative Amendment (Respect at Work) Bill 2022 (the Bill) to the Senate Legal and Constitutional Affairs Committee. We also gave evidence on the Bill at the public hearing on 17 October 2022. Overall, we congratulated the federal government for introducing the Bill and taking steps to finish implementing the outstanding recommendations of the Australian Human Rights Commission’s Respect@Work Report. In particular, we welcomed the introduction of a positive duty on all employers in Australia to take steps to eliminate sexual harassment and sex discrimination in workplaces. However, we urged the government to commit to more work and consultation on the Bill to make it more clear, consistent across anti-discrimination laws, and less complex to navigate.

For example, we advocated for a Bill with greater intersectionality, such as through creating a positive duty on all employers to prevent all forms of unlawful discrimination at work (not just to prevent sex discrimination), and that provides more guidance on how the Australian Human Rights Commission will be funded to undertake its important role in monitoring and enforcing the positive duty. We also advocated for an equal access costs model for federal discrimination law which would provide greater protection to applicants when they are unsuccessful in bringing legal proceedings, but also increase access to justice by allowing them to recover costs when they are successful in litigation.

Open Letter to the NSW Attorney General on the Crimes Legislation Amendment (Coercive Control) Bill 2022 (31 August 2022)

KLC signed on to an open Letter to the NSW Attorney General to request a second round of consultation on the Crimes Legislation Amendment (Coercive Control) Bill 2022. We echoed key concerns of the NSW Women’s Alliance on the Bill, including the need for a clearer definition of coercive control, the broadening of the offence to extend beyond intimate partner relationships to all domestic relationships under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), and the immediate implementation of an independent coercive control task force to monitor the development and implementation of the Bill.

Open Letter: We Need Action on Exploitation at the Jobs and Skills Summit

Kingsford Legal Centre joined a coalition of community legal centres in an open letter, calling on the new Federal Government to consider key legal reforms to reduce the exploitation of vulnerable workers in Australia. Key recommendations of the coalition are to criminalise wage theft, eliminate sham contracting arrangements, decrease over-casualization in the workforce, allow migrant workers to act against exploitative employers and extend the Fair Entitlements Guarantee to all employers, including those on temporary visas.

Submission on the Crimes Legislation Amendment (Coercive Control) Bill 2022

Kingsford Legal Centre made a submission to the NSW Department of Communities and Justice on the Crimes Legislation Amendment (Coercive Control) Bill 2022. In our submission, we outline several key concerns with the Bill, including the limited consultation period, the lack of any independent task force monitoring the development and implementation of a coercive control offence, the proposal for a coercive control offence to only apply to intimate partner violence and inconsistency in definitions of domestic abuse. We also raised concerns about the lack of any clear plan by the NSW Government to take a holistic approach to implementing any coercive control offence, including by providing greater education and training to all relevant stakeholders, including impacted communities, police, and decision-makers on the nature of coercive control and how a coercive control offence would operate. We argue that this is especially vital to ensure systemic change on coercive control and ensure that victim-survivors of domestic and family violence are not mis-identified in the legal system as aggressors of coercive control.

KLC also signed an open letter for a second consultation period on the Bill, to ensure that the Bill is carefully considered to best support all victim-survivors of domestic and family violence.

Submission to Statutory Review of the Victims Rights and Support Act 2013 (NSW)

Kingsford Legal Centre has made a submission to the Department of Communities and Justice on the Statutory Review of the Victims Rights and Support Act 2013 (NSW). The submission calls on the government to implement our previous recommendations on issues with changes to process implemented by Victims Services on 1 July 2022 and makes additional recommendations to strengthen the rights of victim-survivors under the scheme. These include recommendations to increase the amounts for recognition payments, remove the requirement for victim-survivors of child sexual abuse, sexual violence, child abuse, domestic violence, and modern slavery to prove injury for recognition payments, provide greater legal support for victim-survivors to make applications, respect the views of victim-survivors on restitution, improve access to claiming lost earnings and make the scheme more accessible to victim-survivors of violence at work.

We were also one of over 70 organisations that signed an open letter to the NSW government to remove the requirement to prove injury for recognition payments.

Submission re. Implementing Recommendation 39 of the Respect@Work Report

Kingsford Legal Centre is committed to ensuring that all recommendations of the Respect@Work Report are fully implemented to better respond to and prevent sexual harassment in Australian workplaces. As part of this work, KLC recently wrote to the Policy, Reform and Legislative Branch at the Department of Communities and Justice on the importance of implementing recommendation 39 of the Report, which calls on the NSW government to strengthen protections for victim-survivors of sexual harassment who are witnesses in civil proceedings, including defamation proceedings. KLC advocated for the introduction of a standard direction or presumption in favour of confidentiality of the details of victim-survivors and other witnesses in all NSW civil proceedings involving allegations of sexual harassment, to provide victim-survivors and other witnesses with the option of greater privacy and confidentiality in matters.

Further letters to the Attorney-General and Shadow Attorney-General about the Religious Discrimination Bill

Following the introduction of the Religious Discrimination Bill to Parliament on 25 November 2021, Kingsford Legal Centre, Community Legal Centres Australia and Community Legal Centres NSW have again written to the Attorney-General and Shadow Attorney-General. We are deeply disappointed that the Government has come to Parliament with a Bill that maintains some of the worst features of the drafts, while also introducing new issues. We have called again for the Bill not to proceed.  

Letter to the Attorney-General and Shadow Attorney-General about the Religious Discrimination Bill

Kingsford Legal Centre, Community Legal Centres Australia and Community Legal Centres NSW have written to the Attorney-General and Shadow Attorney-General expressing our serious concerns about the Government’s proposed Religious Discrimination Bill. Draft versions of the Bill have been extremely alarming in allowing discrimination and increasing legal complexity in this area. We have called for the Bill not to proceed.

Letter to the Special Minister of State and Shadow Special Minister of State about the Voter ID Bill

Kingsford Legal Centre, Community Legal Centres Australia and Community Legal Centres NSW have written to the Special Minister of State and Shadow Special Minister of State expressing our opposition to the Voter ID Bill. In general terms, this Bill requires people to produce a proof of identity document in order to vote.

The effect of the Bill will be some of the most marginalised people in Australia losing their democratic right and undermining the integrity of Australian compulsory voting. It will disproportionately affect people who experience economic and social disadvantage i.e. our clients and their communities. Simply put, this Bill is an attack on the right to vote. It should be opposed.

Submission to the Inquiry into Options to Improve Access to Existing and Alternate Accommodation to Address the Social Housing Shortage

The COVID-19 pandemic has highlighted the importance of a home for physical and mental health. We’ve been concerned to see the extreme underinvestment in social housing continue, with no plan from the NSW Government to provide enough housing to meet the community’s need. In this context, the proposal of temporary alternatives to social housing is deeply unwelcome. Our submission to the inquiry into the social housing shortage makes clear that there is no substitute for a massive government investment in permanent social housing.   

Submission to the Inquiry into the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021

Kingsford Legal Centre has made a submission on the Australian Government’s proposed law addressing sexual harassment, the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021. The Bill is a missed opportunity for the widescale reform that we believe is required and the Respect@Work Report called for. Key areas requiring reform not addressed by the Bill include the need for a clear positive duty on employers, regulation of the use of confidentiality agreements and regulation of costs in discrimination and harassment matters. Kingsford Legal Centre has called for significant amendments to the Bill to fully implement the recommendations of the Respect@Work Report and deliver on the promise of preventing sexual harassment in the workplace. 

Letter to NSW Government Ministers about Inadequate Housing and Poor Health Outcomes

Kingsford Legal Centre wrote to relevant NSW Government Ministers about the lack of healthy housing for people living with chronic illness on low incomes in south-east Sydney. The link between clients with chronic and complicated health conditions and poor housing has been highlighted by our work through our Health Justice Partnership with the Prince of Wales Hospital and the Eastern Suburbs Mental Health Service.

Submission to the Public Consultation on Further Revisions to Rule 42 of the Australian Solicitors’ Conduct Rules (Sexual Harassment)

In our role as providers of clinical legal education at Kingsford Legal Centre, we hear regularly from law students who feel alienated from a profession where sexual harassment is so widespread. Law students, especially women, express concern about the impact that sexual harassment will have on their safety and their careers. As part of our specialist Sexual Harassment Legal Service, Kingsford Legal Centre has made a submission to the Law Council’s consultation on rule 42 of the Australian Solicitors’ Conduct Rules, which deals with sexual harassment. Our key recommendation is that the rule should apply regardless of whether the conduct has a connection to legal practice, reflecting the unlawful nature of sexual harassment.

Submission to Senate Select Committee on Job Security

We are deeply concerned that a large and growing number of workers lack many of the rights that are traditionally associated with employment in Australia. Kingsford Legal Centre and Redfern Legal Centre have made a joint submission to the Senate Select Committee on Job Security. We call for law and policy reform to maximise access to secure employment, and ensure that all workers receive strong legal protections, regardless of the nature of their employment.

Submission to the Statutory Review of the NSW Strata Schemes Laws

Kingsford Legal Centre made a submission to the Statutory Review of the NSW Strata Schemes Laws, based on our experience providing legal help to renters and owner-occupiers who live in strata. We supported recent amendments to better protect people who have pets in strata, called for better specific protection for people who have assistance animals and called for further laws to encourage the uptake of sustainability infrastructure in strata.

Letter of Feedback to Commission of Victims Right re. Victims Services Changes

Kingsford Legal Centre provided feedback on the changes to processes implmented by Victims Services on 1 July 2020.  KLC raised our concerns about applicants being required to provide government issued identification and bank account details at time of application and the requirement to provide supporting evidence at that time or within 12 months. We also raised concerns about victims-survivors having to choose their own counsellor and no longer having access to vetted COPS reports amongst other concerns.

Submission to the Inquiry into the National Consumer Credit Protection Amendment (Supporting Economic Recovery) Bill 2020

Kingsford Legal Centre made a submission to the Inquiry into the National Consumer Credit Protection Amendment (Supporting Economic Recovery) Bill 2020, recommending that the Bill not be passed. The Bill would remove key protections against unaffordable lending, fail to adequately strengthen protections against unaffordable payday loans and increase the debt borne by vulnerable people in our community. It is not an appropriate response to the COVID-19 pandemic, which calls for stronger protections and debt relief.

Submission to the Inquiry into the Australian Government’s Response to the COVID-19 Pandemic

 This submission makes 44 recommendations to support marginalised people during the COVID-19 pandemic and increase safety and justice for all. This submission was coordinated by Community Legal Centres NSW, Kingsford Legal Centre and the HIV/AIDS Legal Centre, with significant contributions from community legal centres including, but not limited to, Redfern Legal Centre, Women’s Legal Service NSW, Youth Law Australia, the Tenants’ Union of NSW, Seniors Rights Service, the Financial Rights Legal Centre and the Refugee Advice and Casework Service.

Submission to the Inquiry into the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020

Kingsford Legal Centre made a submission recommending that the Anti-Discrimination Amendment (Religious Freedoms and Equality Bill) 2020 not proceed in its current form. 

The Bill is not an appropriate response to the serious issue of religious discrimination. It creates a broad licence to engage in religious discrimination and will weaken discrimination protection for diverse groups of people in NSW.

Instead of this complex and harmful Bill, there should be a collaborative process to set up a consistent national framework for discrimination protection. The framework should have the highest standard of protection across all protected attributes and should include strong protections against religious discrimination.

Submission to the Senate Select Committee Inquiry into Temporary Migration

People who hold temporary visas have been amongst those hit hardest by the COVID-19 pandemic, increasing their vulnerability to wage theft and other breaches of workplace rights and conditions.

Kingsford Legal Centre, the Redfern Legal Centre International Student Service and the Migrant Employment Legal Service have made a joint submission to the Senate Select Committee on Temporary Migration, advocating for comprehensive workplace reform to address the exploitation of people who hold temporary visas.

Submission to the NSW Housing Strategy Discussion Paper

Kingsford Legal Centre has advocated that a key outcome of a NSW Housing Strategy should be respect for human rights – most importantly, the right of everyone to adequate housing.

 Our submission paper to the NSW Government’s Housing Strategy Discussion Paper draws on our close relationships with partners in our south-east Sydney community, and our extensive experience providing legal help to people who live in all types of housing and people who are homeless.  

 We have advocated for greater investment in social housing and homelessness services, greater collaboration between services, a focus on support rather than punishment, an accessible consultation with diverse groups of people affected by housing policy and improved energy efficiency in social housing.

Joint NGO Submission on Behalf of the Australian NGO Coalition to Australia's 3rd Universal  Periodic Review

This Joint NGO Submission is endorsed, in whole or in part, by 202 NGOs across Australia.  It was coordinated by the Human Rights Law Centre, the Kingsford Legal Centre and the Caxton Legal Centre, working with an Advisory Group comprised of 16 NGOs, which provided expert guidance on the content and focus of the submission.

The sections in the submission were developed by 21 expert and recognised NGOs, working with 36 other diverse NGOs. Particular attention was taken to ensure intersectionality across the sections, reflecting the compounding nature of discrimination and disadvantage in Australia, and the direct participation of Aboriginal and Torres Strait Islander Peoples and their organisations.

KLC Submission to the Anti-Discrimination Amendment (Complaint Handling) Bill 2020

KLC made a submission recommending that the NSW Government reject the Anti-Discrimination Amendment (Complaint Handling) Bill 2020. 

The Bill would not provide the comprehensive reform that NSW discrimination law needs. Instead, it would continue a piecemeal approach to discrimination law reform that fails to address underlying issues. It also raises due process concerns, would restrict access to justice for vulnerable people and has the potential to impact on public confidence in the discrimination complaints system. 

KLC recommended that the NSW Government start a collaborative process with other jurisdictions to set up a consistent national framework for discrimination protection. 

KLC Submission to the Religious Freedom Bills - Second Exposure Draft

KLC continues to support laws to protect people from religious discrimination. However, the Bill fails to achieve this objective in an appropriate way. It authorises religious discrimination in certain circumstances, weakens existing discrimination protections for marginalised people and adds unnecessarily to the complexity of discrimination law.

In our submission on the second draft, KLC reiterated the concerns that we raised in response to the first draft in October 2019. We raised new concerns in relation to the broadening of exceptions for religious organisations, including new exceptions for religious hospitals, aged care facilities, accommodation providers, camps and conference sites.

KLC urged the government to continue consultation with a view to integrating protection against religious discrimination within a consistent national system for discrimination protection. We recommended that the Australian Government protect people from religious discrimination by adopting:  

• A Charter of Human Rights that comprehensively enshrines human rights protections, including freedom from discrimination on the basis of religion; and
• An Equality Act that harmonises discrimination protection across all protected attributes, including religion.

KLC contributes to Australian Human Rights Commission’s Free and Equal Conversation Project

The Australian Human Rights Commission (AHRC) is conducting a National Conversation on Human Rights and KLC has contributed submissions on human rights in Australia and the effectiveness of federal discrimination law. KLC continues to argue for a Charter of Human Right federally. We also highlighted:

• The current legal framework in Australia to protect human rights is inadequate;
• In order to comprehensively protect, promote and fulfill human rights, the Commonwealth government needs to enact a comprehensive, judicially enforceable human rights act at the federal level;
• Any human rights framework for Australia should protect all human rights in law, reflecting the principle that all human rights are universal, indivisible, interdependent and interrelated;
• The Commonwealth government should consolidate existing federal anti-discrimination laws; and
• The human rights parliamentary scrutiny process should be improved.

Submission to the Review of Boarding Houses Act

KLC recently contributed the NSW Government’s review of the Boarding Houses Act. KLC expressed concern = that very vulnerable people in the housing system do not have adequate legal protection through the operation of the Act. We outlined concerned about the use of the Act to evade stronger protections in tenancy law and the lack of minimum enforceable standards. We  recommended that the Act be amended to include a prohibition against arbitrary eviction. Our submission is here.

Submission to the Exposure Draft Religious Discrimination Bill

KLC recently contributed a submission to the Federal Attorney General’s consultation on the Religious Discrimination Bill.

KLC submission indicated support for increased protection in discrimination law and support for the inclusion of religious discrimination as a protected attribute in the Bill. KLC’s submission highlighted concerns that the Bill overall does not enhance the protection of human rights in Australia and diminished state protections against discrimination. KLC argued that the Bill adds to the complexity of discrimination law and a opens the way for increased discrimination against some groups. KLC expressed concern that there will be a significant impact on the provision of medical services under the proposal. KLC does not support the Bill in its current form and strongly supports a longer period of community consultation for such an important proposed law. KLC strongly believes that Australia’s human rights should be protected in a Charter of Human Rights or our federal discrimination provisions in am Equality Act.

Submission to the Productivity Commission’s inquiry into mental health

The Productivity Commission’s inquiry looked broadly at the impact of mental health on people’s ability to participate in their communities and workplaces. Kingsford Legal Centre’s submission highlighted the discrimination faced by many people in our community who have lived experience of mental illness.

We made a series of recommendations including that:

1. Governments and the Productivity Commission adopt a human rights based approach to law and policy making for people experiencing mental ill health;
2. Funding be increased for mental health services, legal assistance services, court-based mental health services, inter-disciplinary training and mental health support services;
3. Health Justice Partnerships be established and expanded across Australia;
4. An holistic, community-led approach be taken to support for people with mental ill-health who are in contact with the criminal justice system;
5. Laws that lead to indefinite detention of people experiencing mental ill health be repealed;
6. Governments urgently increase the availability of social housing, including supported housing;
7. Employers and service providers be educated and trained on the rights of people with mental ill health; and
8. Legal protections against discrimination be strengthened.

#MeToo: Legal Responses to Sexual Harassment at Work

Kingsford Legal Centre, Redfern Legal Centre, Women’s Legal Service NSW and the National Association of Community Legal Centres drafted this joint report #MeToo: Legal Responses to Sexual Harassment at Work. The report is also our submission to the Australian Human Rights Commission’s National Inquiry into Sexual Harassment in Australian Workplaces. 

The report details the endemic nature of sexual harassment in workplaces across Australia, our clients’ experiences and inadequacies in the current law and complaints system. We suggest key legislative, regulatory and policy reforms to reduce sexual harassment, increase reporting, and radically change workplace culture. The report makes 46 recommendations to build a culture where women can access and enjoy their right to work, in safe workplaces that are free from sexual harassment.

Submission to Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples

In this joint Kingsford Legal Centre/Community Legal Centres NSW submission, we urge the government to:

• support Voice, Treaty, Truth as outlined in the Statement from the Heart;
• hold a referendum to constitutionally enshrine a First Nations Voice to parliament;
• pass enabling legislation to cover the operation, composition and function of the Voice to Parliament, in extensive consultation and co-design with Aboriginal and Torres Strait Islander people and organisations;
• establish a Treaty Commission to oversee agreement-making between governments and First Nations and to facilitate a truth-telling process; and
• respect Aboriginal and Torres Strait Islander people's right to self-determination. 

Lodged: 21/6/18

Australian NGO Coalition Shadow Report on Australia’s Compliance with the Convention on the Elimination of All Forms of Discrimination Against Women

This report to the United Nations Committee on the Elimination of Discrimination Against Women examines Australia’s compliance with the Convention on the Elimination of All Forms of Discrimination Against Women.

The report focuses on key issues affecting our clients, including:

• The human rights framework;
• Public participation of women;
• Healthcare;
• Employment, economic and social rights;
• Forced marriage;
• Women in detention;
• Access to justice; and
• Violence against women.

The report was coordinated by Kingsford Legal Centre, Community Legal Centres NSW, the National Association of Community Legal Centres and Good Shepherd Australia New Zealand. 15 NGOs contributed to the report, and 52 NGOs endorsed the report in whole or in part.

Submission to the Joint Standing Committee on Migration

Date Submitted: 4 May 2018

KLC made submissions to the Joint Standing Committee’s inquiry into review processes associated with visa cancellations made on criminal grounds. KLC is concerned that current review processes for visa cancellations made on criminal grounds provide insufficient oversight of government decision making. KLC made a number of recommendations aimed at strengthening existing review processes to improve the efficiency and fairness of the section 501 visa cancellation process under the Migration Act 1958 (Cth). KLC also recommended changes to the use of immigration detention in visa cancellation matters, including by ending mandatory immigration detention.

Submission to the Select Committee on the Future of Work and Workers

Date Submitted: 20 February 2018

KLC lodged a submission with the Senate’s Select Committee on the Future of Work and Workers. Our submission focused on the impact of technological change on vulnerable workers in Australia. KLC has seen the emergence of client problems with work arranged through digital platforms in the passenger and food delivery industries. We have also observed that clients are experiencing problems when their access to electronic work records is withdrawn on the termination of employment. Drawing on our experience in employment law, KLC recommended that the Federal Parliament:

• legislate for a Fair Work Information Statement equivalent for independent contractors;
• increase the penalties for sham contracting to bring them into line with other panalties under the Fair Work Act;
• fund research into employment practices in the gig economy;
• consider whether Fair Work Act protections should be extended to independent contractors.

With respect to electronic work records, KLC also recommended that:

• the Fair Work Ombudsman (FWO) publish a best practice guide on access to employee records during suspension or after employment;
• the federal government provide increased funding to the FWO to provide apps that assist employees to keep their own work records;
• the federal government provide increased funding to the FWO for training and education about work records; and
• the federal government provide increased funding to CLCs to cope with the additional work required to solve work record issues.

Submission to the Religious Freedom Review by Department of the Prime Minister and Cabinet

Date Submitted: 13 February 2018.

Response to the Justice Project Issues Paper on Aboriginal and Torres Strait Islander People

Date Submitted: 4 October 2017.

Submission to the Justice Project Issues Paper on People with Disability

Date Submitted: 6 October 2017.

Joint Submission on Australia's Compliance with the International Covenant on Civil and Political Rights

Date Submitted: September 2017.

Review of Australia Fifth Periodic Report under the International Covenant on Economic, Social and Cultural Rights

Date Submitted: 3 May 2017.

Submission to Inquiry into the Rates of Indigenous Incarceration

Date Submitted: 31 August 2017.

Submission to Inquiry into Human Rights Legislation Amendment Bill 2017

Date Submitted: 27 March 2017.

KLC made a submission to the Senate Legal and Constitutional Affairs Committee’s Inquiry into Human Rights Legislation Amendment Bill 2017. KLC argued that section 18C strikes the appropriate balance between freedom of speech and freedom from racial vilification. KLC recommended the following:

• The current wording of ‘offend, insult and humiliate’ in section 18C(1) should remain;
• The current test of an ordinary, reasonable person from the targeted racial or ethnic group remain;
• The current time limit of 12 months to make a complaint remain;
• Applicants not be required to seek leave to apply to the Court when their complaint is terminated by the Commission;
• The Court not have the power to have regard to an offer to settle in deciding whether to award costs.
• If the Government wishes to provide greater protections for freedom of speech, this should be enshrined in the Australian Constitution or a national human rights act.  

Submission to the review of the Offence of Serious Vilification in NSW

Date Submitted: 8 February 2017.

KLC made a submission to the review of the offence of serious racial vilification under s20D of the Anti-Discrimination Act 1977(NSW). The submission drew on KLC’s experience advising clients in our specialist discrimination law practice. In the submission, we argued for a number of changes to the offence to make it more effective as it has never been successfully prosecuted in NSW. We recommended that:

• the threshold for prosecution be lowered;
• the requirement of consent from the Attorney-General to prosecute the offence be removed;
• the offence be moved to the Crimes Act 1900 (NSW);
• the police and DPP receive training on the offence; and
• an offence of serious religious vilification be introduced. 

Submission to the Special Rapporteur on Violence Against Women's Country visit in Australia

Date Submitted: 19 January 2017.

KLC lodged a submission with the United Nation's Special Rapporteur on Violence Against Women in response to a call for submissions providing information on violence against women in Australia. In the submission, KLC highlighted.

• the prevalence of family violence in Australia.
• the negative impacts upcoming funding cuts to community legal centres will have on victims.
• the need to reform the Victims' Rights and Support Act NSW  to better recognise the impact of trauma caused by domestic violence, sexual assault and child abuse;
• the need to reform commonwealth anti-discrimination laws to include status as a victim or survivor of such violence as a protected attribute.

Submission to the Independent Pricing and Regulatory Tribunal (IPART) review of rent models for social and affordable housing

Date Submitted: 16 December 2016.

KLC lodged a submission with the Independent Pricing and Regulatory Tribunal (IPART) review of rent models for social and affordable housing. Drawing on our experience representing and advising social housing tenants, KLC recommended the following:

• The eligibility criteria for social housing should not be restricted to include only those currently eligible for the priority wait list;
• The Government should provide more social housing in order to offer greater housing affordability and security, and in turn provide tenants with greater independence and opportunities;
• The Government should make social housing more accessible to victims of family and domestic violence;
• The Government should not reduce the income threshold for renewing social housing leases;
• The income threshold should take into account a tenant’s capacity to afford private rent in his or her local area. One possible solution is to set the threshold at the point where the private market rent is equal to 30% of the tenant’s income;
• Alternatively, the Government should increase funding and provision of affordable housing and rent subsidies to help transition tenants who surpass the threshold;
• An income-based framework be used to set rental prices, only up to 30% of income;
• The rent-setting framework should not take into account amenities, location, quality, or the costs of providing social housing; and
• The Government should not classify tenants into the ‘opportunity’ and safety net’ groups based on generalised criteria. Assessing whether it is appropriate to transition a tenant to the private market should involve an individualised assessment, taking into account the individual circumstances of the tenant. 

Submission in response to Parliamentary Joint Committee on Human Rights' Inquiry into Freedom of Speech in Australia

Date Submitted: 12 December 2016.

KLC made a submission to the Parliamentary Joint Committee on Human Right’s Inquiry into Freedom of Speech in Australia. In our submission, we argued that:

• The current protections against racial vilification in section 18C of the Racial Discrimination Act 1975 (Cth) be maintained;
• The current provisions should be extended to protect against vilification on the basis of imputed race;
• Protections against religious vilification be introduced;
• The Australian Human Rights Commission should retain it’s powers to hold conciliation conferences and that there was no need to reform the complaints process; and
• That the Government increase funding for the Australian Human Rights Commission to perform it’s functions.

Letter toSenator Michaelia Cash regarding introduction of Paid Domestic/Family Violence leave provisions in Fair Work Act 2009

Date Submitted: 31 October 2016.

KLC urges Senator Michaelia Cash, Minister for Employment and Minister for Women to reconsider her cancellation of a meeting with her State counterparts which would have provided an opportunity to discuss the introduction of paid Family/Domestic Violence leave provisions into the Fair Work Act 2009.

Submission in response to NSW Department of Family and Community Services 'Foundations for Change - Homelessness in NSW' Discussion Paper

Date Submitted:  13 October 2016.

Submission made to: Homeless Strategy Team, Department of Family and Community Services.

KLC argues that the government needs to adopt a human rights approach to homelessness and focus on structural reasons for it, including poverty and the lack of affordable housing.

Response to Discussion Paper on the Sharing of Intimate Images without Consent

Date Submitted:  21 October 2016.

Submission made to:  NSW Department of Justice.

KLC argues that the current laws do not sufficiently address 'revenge porn' issues and supports the introductio of new offences to specifically address the issue.

Letter to the Hon. Brad Hazzard MP, Minister for Social Housing, regarding proposed Rental Bonds for public housing tenants.

Date Submitted: 20 September 2016.

Submission made to: the Hon. Brad Hazzard MP, Minister for Social Housing.

The NSW Government is considering the introduction of a rental bonds scheme for public housing tenants. KLC wrote to the minister responsible to voice concerns about the consultation process and the likely impact on tenants were the proposal to be introduced.

Review of Australia Fifth Periodic Report under the International Covenant on Economic, Social and Cultural Rights

Date Submitted: 30 August 2016.

Submission made to: United National Committee on Economic, Social and Cultural Rights.

In August Kingsford Legal Centre, working with the National Association of Community Legal Centres, has made a submission to the Review of Australia Fifth Periodic Report under the United Nations' International Covenant on Economic, Social and Cultural Rights.

The submissions highlighted the persistence of a significant gendered pay gap, and signalled the need to explore options to close the gap between Indigenous and non-Indigenous Australians with respect to the issue of self-determination.

Review of the Victims Rights and Support Act 2013

Date Submitted: 29 July 2016.

Submission made to: New South Wales Department of Justice.

In July Kingsford Legal Centre made a submission to the New South Wales Department of Justice regarding the review of the Victims Rights and Support Act 2013. 

KLC's submission endorsed the recommendations made by Community Legal Centres NSW and put forward additional recommendations, including:

• Improve recognition of the impact of the trauma that is caused by domestic violence, sexual assault and child abuse, to be reflected in changes to payment categories.
• Improve access to assistance under the Act for Aboriginal and Torres Strait Islander victims, and ensure that those victims have access to access to culturally appropriate counselling services and resources.
• Remove time limits for claims for recognition payment and financial assistance by victims of domestic violence, child abuse and child sexual abuse.

Stolen Generations inquiry

Date submitted: 10 February 2015.

 Submission made to: New South Wales Legislative Council.

In February KLC was invited to give evidence at the inquiry being conducted by the NSW Legislative Council General Purpose Standing Committee into reparations for the Stolen Generations in New South Wales.  KLC ran the first litigation during the 1990s on behalf of Joy Williams, a member of the Stolen Generation.  Joy’s case was not successful despite an application for leave to appeal to the High Court of Australia. 

Anna Cody, Kaleesha Morris and Kate Halliday gave evidence to the inquiry on 10 February 2016.  Members of the committee asked some questions that KLC took on notice.  KLC submitted a written submission as well as answers to the questions taken on notice in March 2016.

KLC’s submission included the following recommendations:

• Greater efforts should be made to prevent Aboriginal children being placed into out of home care.  This could be addressed through improved family and legal services for Aboriginal families, and improved accountability of FACS and the Minister regarding the principles contained in the Children and Young Persons (Care and Protection) Act 1998 for the participation by Aboriginal and Torres Strait Islander families in decision making about their children.
• The NSW government should establish a reparations tribunal to provide a range of benefits to members of the Stolen Generations, including monetary compensation.  The Tribunal should comply with the principles recommended in the ‘Bringing them Home’ report and recommendations made by the Royal Commission into Institutional Responses to Child Sexual Abuse with respect to redress.

Third Party Motor Vehicle Accident 'Green Slip' submission

Date Submitted: 27 April 2016.

Submission made to: State Insurance Regulatory Authority.

Kingsford Legal Centre made a submission to the State Insurance Regulatory Authority for its review of the compulsory third party insurance scheme for people injured as a result of motor vehicle accidents.  KLC argued for a move to a no fault scheme, and greater transparency around the cost of premiums for third party compulsory insurance (‘green slips’).

Willing to Work Inquiry

Date submitted: 4 December 2015.

Submission made to: Australian Human Rights Commission.

Kingsford Legal Centre made a submission to the Australian Human Rights Commission’s Willing to Work Inquiry into employment discrimination against workers with a disability and older workers. Drawing on clients’ experience, KLC noted the prevalence of disability discrimination and the underreporting of age discrimination. KLC suggested the operation of the law could be improved to prevent discrimination by:

• Allowing representative actions;
• Changing the federal courts to a no cost jurisdiction;
• Introducing a reverse burden of proof;
• Introducing a separate ground of intersectional discrimination;
• Introducing civil penalty provisions; and
• Introducing protection from discrimination for domestic workers.

Review of NSW Racial Vilification Offence

Date submitted: 27 November 2015.

Submission made to: NSW Attorney General.

KLC wrote to the NSW Attorney General to welcome her announcement of a review of the NSW Racial Vilification Offence and to provide input into the anticipated exposure draft Bill. Amongst other things, KLC recommended that the offence not be limited to public places and be extended to include religious vilification and extreme racial hate speech.  KLC also recommended that amendments be made to other vilification offences and that there be systematic and strategic data collection and monitoring of prejudice-motivated crime.

Implementation of the Anti-Social Housing Bill

Date submitted: 26 October 2015.

Submission made to: NSW Minister of Social Housing.

Along with other community legal centres, KLC wrote to the Housing Minister to express concern about the Residential Tenancies and Housing Legislation Amendment (Public Housing – Antisocial Behaviour) Act 2015 and to seek to be consulted on the implementation of the Act. In particular, KLC expressed concerns about the limitations placed on the Tribunal when considering mandatory evictions and strike notices. KLC welcomed the Minister’s commitment that the new provisions would not apply to ‘innocent tenants’ who have no knowledge of their occupant’s behaviour, and to rehouse vulnerable tenants whose tenancies are terminated.

Australian Human Rights Commission: Religious Freedom Roundtable

Date submitted: 1 October 2015.

Submission made to: Australian Human Rights Commission.

In this submission to inform the Religious Freedom Roundtable, KLC argues that Commonwealth anti-discrimination laws do not interfere with religious freedom; permanent exemptions in Commonwealth anti-discrimination laws should be replaced by a general limitations clause; and Commonwealth anti-discrimination laws should include religion (including no religion) as a protected attribute.

ALRC Freedoms Inquiry – Interim Report

Date submitted: 21 September 2015.

Submission made to: Australian Law Reform Commission.

KLC made a follow up submission to the Australian Law Reform Commission on its Freedoms Inquiry Interim Report. KLC reiterated its concern that the framework for “traditional rights and freedoms”, as set out in the Inquiry’s Terms of Reference, excludes other significant rights and freedoms, including the right to be free from discrimination. KLC focused on rights and freedoms: freedom of speech, freedom of religion, freedom of association and burden of proof.

Submission to the Productivity Commission Draft Report into the Workplace Relations Framework 

Date submitted: 16 September 2015.

Submission made to: Productivity Commission.

KLC raised concerns about a number of recommendations in the draft report that would have the effect of restricting access to justice. In particular, KLC opposes any increase to lodgement fees and decisions being made ‘on the papers’ in unfair dismissal matters, reductions to penalty rates and changes to the general protections complaint process. KLC recommends that the small business fair dismissal code be removed and that the Fair Work Commission publish a conciliation register and actively seek feedback from parties and their representatives on conciliation experiences. KLC supports increased resourcing of the Fair Work Ombudsman across all matters, including migrant workers.

Victims Support Reassessment Scheme

Date submitted: 2 September 2015.

Submission made to: NSW Attorney General.

As part of the CLCNSW Victims Support Committee, KLC wrote to the NSW Attorney General about the new Victims Support reassessment process for victims who lodged applications under the old scheme. KLC expressed welcomed the scheme but also expressed some concerns about it. KLC asked the Attorney to consider extending the deadline for making applications, providing discretion to extend time limits on responding to requests for evidence, accepting reassessment applications that were dismissed due to no act of violence being established, ensuring full appeal rights, engaging in a widespread communications strategy and funding legal costs in limited situations.

Public Housing Anti-Social Behaviour Bill - Briefing Paper

Parliament is set to debate new laws that will remove safety net for vulnerable social housing tenants at risk of homelessness.  Kingsford Legal Centre worked with EATS, Inner-City Legal Centre, Marrickville Legal Centre and Refern Legal Centre to develop a briefing paper.

Joint NGO Submission to the second Universal Periodic Review of Australia

This Joint NGO Submission to has been prepared by the Human Rights Law Centre, the Kingsford Legal Centre and the National Association of Community Legal Centres, with substantial contributions from a number of NGOs across Australia and is endorsed, in whole or in part, by 190 NGOs.

Proposed changes to Victims Support scheme

Date submitted: 16 July 2015.

Submission made to: NSW Attorney General.

KLC wrote to the NSW Attorney General to welcome proposed changes to the Victims Support scheme so that victims who lodged applications under the previous scheme could have their applications reassessed under that scheme’s provisions. KLC asked the Attorney to consider providing ex-gratia payments, funded legal assistance, no time limits for applicants, and eligibility for withdrawn applications. KLC also expressed its concerns about the current Victims Support scheme, in particular the high requirements for documentary evidence in cases involving domestic violence or sexual assault.

Senate Committee: Inquiry into access to legal assistance services for Aboriginal and Torres Strait Islander Australians

Date submitted: 15 May 2015.

Submission made to: Senate Finance and Public Administration Committee.

KLC submitted that Aboriginal and Torres Strait Islander people have limited access to legal services. This results from a lack of awareness about legal issues, disenfranchisement with laws and the legal system, and a lack of adequate and culturally appropriate services. KLC also highlights the importance of justice reinvestment in addressing and preventing high rates of incarceration.

Australian Government: Consultation on ICESCR Periodic Reporting

Date submitted: 25 May 2015.

Submission made to: Department of Foreign Affairs and Trade (Human Rights and Gender Equality Branch).

KLC expressed concern about the consultation and reporting process, including concern about the delay in responding to UN human rights treaty bodies, the need to consult on implementation of Concluding Observations and the need to consult more broadly, particularly with Aboriginal and Torres Strait Islander organisations and social services. KLC recommends that the Australian Report include details of measures adopted to progress ICESCR rights, and difficulties affecting fulfilments of ICESCR obligations. KLC emphasises the need for disaggregated data, indicators and benchmarks to assist in measuring progress in Australia.

Submission to Justice Policy Discussion Paper on limitation periods in civil claims for child sexual assault

Date submitted: 23 March 2015.

Submission made to: Department of Justice.

KLC supports the right of survivors of child sexual assault to pursue civil litigation, although in KLC’s experience it is not an effective mechanism for providing redress to survivors. KLC submitted that time limits for making a civil claim again an individual perpetrator or institution in all cases of child sexual assault should be removed, and that consideration should be given to removing the limitation in all cases of sexual assault. KLC also submitted that if a time limit is to remain in place, the “disability exception” to the limitation period should be expanded to include the impacts of sexual abuse including trauma, shame, or fear. KLC also argued that any changes made to the Limitation Act which benefits survivors should be retrospective so that survivors who gave evidence at the Royal Commission into Institutional Responses to Sexual Abuse could benefit from the amendment. KLC also recommended that any amendments to the Limitations Act be accompanied by improvements to the existing statutory victims compensation scheme and increased funding to services which assist survivors of child sexual assault.

Submission to the Productivity Commission Inquiry into the Workplace Relations Framework

Date submitted: 13 March 2015.

Submission made to: Productivity Commission.

KLC responded to the Productivity Commission’s Inquiry into Workplace Relations issues papers. The issues KLC raised include:

• The right to request flexible working arrangements;
• The time limit for dismissal claims;
• Domestic/family violence leave; and
• Protection against discrimination for domestic/family violence survivors and for persons with a criminal record.

Royal Commission into Institutional Responses to Child Sexual Abuse Consultation Paper on Redress & Civil Litigation

Date submitted: 9 March 2015.

Submission made to: Royal Commission into Institutional Responses to Child Sexual Abuse Consultation Paper on Redress and Civil Litigation.

KLC argued that it supports the creation of a national and uniform redress scheme as this will generally provide a better alternative to civil litigation. KLC submitted that any redress scheme established must be survivor led, and should include counselling and psychological care as a component of redress. KLC argued that it should be a fundamental requirement of any redress scheme that survivors are not re-traumatised by making them jump through unnecessary legal hoops. In relation to civil litigation, time limits in all cases of child sexual assault should be removed across Australia. Laws, including on vicarious liability, need to be reformed to prevent institutions blocking litigation and hiding their assets. KLC also argued that Non-Government, as well as Government, institutions should adopt model litigant principles.

Social Housing in NSW Discussion paper

We responded to the Social Housing Discussion Paper about the future of social housing in NSW. In its Discussion Paper, the NSW Government raised concerns about the long waitlists, properties not meeting tenants’ needs because of size, location, modifications and access, tenants of working age staying in public housing for a long time, and the costs of providing and maintaining housing.

On 5 February 2015 KLC held a forum for social housing tenants at the Kooloora Community Centre. The response well exceeded our expectations with over 40 social housing tenants attended the forum.  We gave a brief presentation on the Discussion Paper and how the submission process works. In particular we offered participants choice in how they could respond. Participants had the choice of an:

• online submission;
• handwritten submission; or
• video recording.

We offered this choice because not all social housing tenants feel comfortable using a computer and/or they struggle to express themselves in writing. We also believe it is important the NSW Government see and hear directly from social housing tenants.  We developed a series of resources to help participants at the forum understand the contents of the Discussion Paper and the questions asked of them.  At the forum 3 staff and 5 law students assisted participants to make 10 video, 2 online and 4 handwritten submissions. These were sent directly to the NSW Government as separate submissions. We obtained permission from many of the participants to use their stories in our own submission.

In our submission, we said that the NSW Government needs to improve their consultation processes to make them more accessible to tenants, and to support tenants’ understanding and involvement in the process.  We also said that we recognise there are significant problems with the availability and maintenance of social housing. However, we pointed out that a different framework is needed for considering this. We said greater independence for tenants could be achieved through providing holistic, community based services. And we submitted that a fair social housing system gives priority and additional support to the most vulnerable tenants. Adequate funding is essential in creating a sustainable social housing system.

ALRC Freedoms Inquiry

Date submitted: 21 September 2015.

Submission made to: Australian Law Reform Commission.

KLC made a submission to the Australian Law Reform Commission Freedoms Inquiry. KLC expressed its concern that the framework for “traditional rights and freedoms”, as set out in the Inquiry’s Terms of Reference, excludes other significant rights and freedoms, including the right to be free from discrimination. KLC also expressed our support for the enactment of a national Human Rights Act to address insufficient protections of rights and freedoms at the Commonwealth level. KLC focused on rights and freedoms: freedom of speech, freedom of religion, freedom of association and burden of proof.

NSW Disability Inclusion Plan Consultation

Date submitted: 5 January 2015.

Submission made to: Department of Family and Community Services.

The NSW Government is consulting on the creation of a NSW Disability Inclusion Plan which sets the direction for significant reforms to laws, policies, practices and procedures which affect people living with disability. KLC made recommendations in the area of social housing and education. KLC recommends that the NSW Government increase the availability of public housing for people with disability and that Housing NSW work closely with services that support social housing tenants to ensure they can maintain their tenancies. KLC advocated for better training for teachers and school staff in how to make schools more supportive and accessible for students with disability. KLC argues that students with disability and their parents should not have to resort to discrimination law to enforce their rights at school.

Australian Human Rights Commission’s 2014 Rights & Responsibilities Consultation

We argue for stronger rights protection in Australian law, including through a Human Rights Act and stronger discrimination laws. We express our concern about the freedom of speech implications of recent changes to community legal centre funding agreements, and about the freedom of association implications of the NSW consorting offence. We voice our support for protections for freedom of association in employment, and the existing racial discrimination laws.

UN Special Rapporteur on Adequate Housing

KLC submission to the UN Special Rapporteur on adequate housing, who is looking into the responsibilities of sub-national governments with respect to the right to adequate housing

Inquiry into Tenancy Management in Social Housing

KLC believes that the Housing NSW policy in providing and maintaining public housing does not adequately take into account the tenant’s circumstances. In our experience, it serves to entrench discrimination and disadvantage against people with extremely complex needs. We feel that there has been no associated service strategy to assist in the provision of housing to this group.

Royal Commission into Institutional Responses to Child Sexual Abuse on Issues Paper 6- redress schemes

KLC argues that traditional legal and court processes do not deliver satisfactory results for survivors. Survivor-designed redress schemes can provide the best opportunity for healing outcomes and wider benefits to the community.

Amendments to the Racial Discrimination Act 1975

KLC believes that the RDA has found an appropriate balance between the right to freedom of speech and right to freedom from racial vilification and should not be amended. If the Government wants to better protect freedom of speech we recommend including the right to freedom of speech in the Australian Constitution or a national human rights act.

Royal Commission into Institutional Responses to Child Sexual Abuse (the Commission) on Issues Paper 5 - Civil Litigation.

In KLC’s view there is currently no civil litigation model in Australia equipped to deal with the complex issues and experiences of survivors. The overwhelming response to the Royal Commission in itself reveals that justice for survivors has not been achieved through current legal approaches. KLC is strongly of the opinion that the Commission should recommend funding for victims’ survivors groups with the aim of developing survivor redress schemes.

Parliamentary Commission: Inquiry into social, public and affordable housing

The right to safe, secure and affordable housing is a human right which KLC believes should be enshrined in domestic legislation. There should be an emphasis on anti-discrimination. Furthermore, ensuring public housing stock is maintained in a reasonable state of cleanliness and fit for habitation is important.

NSW ombudsman: Submission for legislative review of the consorting provisions

KLC does not believe that the consorting provisions are necessary. The consorting provisions should be repealed. This is due to their value to combat organised crime being outweighed by the detrimental impact when used against vulnerable and disadvantaged people who are not necessarily involved in organised crime.

Australian Human Rights Commission: Submission on the Pregnancy and Return to Work National Review

KLC recognises that systemic discrimination against pregnant employees and parents seeking to take parental leave continues to occur. This type of discrimination has vast and serious cost implications for the Australian economy. Solutions should include education campaign and resources on pregnancy and pregnancy-related rights of employees targeting employers, as well as, replacing existing definitions of direct and indirect discrimination with a unified definition of discrimination.

Criminal Law Review: Crimes Amendment (Provocation) Bill 2013

KLC is pleased that the Bill seeks to amend the partial defence of provocation because in its current form the defence can perpetuate and entrench violence against women and gay men. However, it is concerning that the amended partial defence will continue to allow men to assert the defence, when they kill their partners out of jealousy and a need for control. Further, the proposed amendment will still make it very difficult for some victims of domestic violence who kill their violent partners, to make use of this partial defence.

Access to Justice: Submission on Access to Justice Arrangements Inquiry

To establish the greatest benefit in providing access to justice, KLC believes that there needs to be an emphasis on community education about the civil dispute resolution system and places they can go for help with their civil dispute. The potential benefits from being able address the issues early in a dispute are many and varied, including avoiding unnecessary significant costs and mental anguish. Particularly for discrimination matters, the current federal framework is complex and creates significant barriers to access to justice.  Community Legal Centres (CLCs) provide a central role in providing access to justice in not just in providing legal advice, but also in community development and law reform.

Anti-Discrimination Amendment (Private Educational Authorities) Bill 2013

KLC supports the removal of exceptions in the Anti-Discrimination Act 1977 (NSW), which allow private educational authorities to discriminate against students on the basis of their sex, homosexuality, transgender status, marital or domestic status, disability and age. Further, KLC believes that section 56(d) of the Act should also be removed. This section allows religious organisations to discriminate when they deem it necessary to avoid injury to the religious susceptibilities of their adherents.

It Stops Here: Standing together to end domestic and family violence reforms

KLC believes that education and early intervention program forms the required backbone to drive change in domestic and family violence reforms. Education about healthy relationships and the dynamics of DV/FV should form part of all primary and high school curriculums, and should be delivered in a culturally sensitive and inclusive way. Early invention programs should be available to families at risk of violence. 

Driver Licence Disqualification Reform (Inquiry)

KLC support reforms giving offenders the right to apply to court to have their outstanding disqualification period removed after completing a minimum offence free period. Further, the Habitual Offenders Scheme should be abolished because it has little impact on recidivism and often leads to re-offending. Finally, we submit that courts should have absolute discretion to impose appropriate disqualification periods or alternative penalties.

Impact of Federal Court Fee Increases since 2010 on Access to Justice in Australia

KLC does not support the recent increase of federal court fees. The increase of the court fees in 2013, while it may appear justified from a budgetary perspective impedes access to the justice system for those with financial difficulties. Increased court fees should not limit access to justice for low income people.

Impact of the Cost of Transcripts on Access to Justice in NSW

In our experience the costs associated with obtaining transcripts of court and tribunal proceedings in NSW can act as a barrier to individuals accessing justice. Fees for transcripts should be reduced and fee waivers made available for socio-economically disadvantaged people.

Australian Solicitors’ Conduct Rules and Commentary- Consultation with Legal Assistance Services Peak Bodies

KLC has long been concerned about how some of the ethical duties of solicitors are understood and applied in our type of legal practice, a community legal centre (CLC). KLC believes that CLCs should have its own definition to clarify application of the conflict rules for “one-off advice” situations. Additionally, Rule 4.1.1 should include a reference to advising a client of the availability of community legal services in appropriate services. Other issues applicable to CLCs are the confidentiality (rule 9) as well as managing conflicts of duties (rules 10 and 11).

Sex Discrimination Act (Sexual Orientation, Gender Identityand Intersex Status) Bill 2013

KLC welcomes the amendments to the Sex Discrimination Act (SDA) as an interim measure to provide LGTBI persons with protections from discrimination under federal law. We believe that SDA will benefit from protection on costs and intersectional discrimination along with a shared burden of proof. Specific United Nations Human Rights instruments should be relied for the insertion of the protection of sexual orientation, gender identity, and intersex status. There are also various recommended amendments to existing statutes.

Inquiry into the Human Rights and Anti-Discrimination Bill 2012- Exposure Draft Legislation

NACLC and KLC welcome the Government’s decision to consolidate Commonwealth anti-discrimination laws. The Exposure Draft Legislation provides a number of measures that will enhance discrimination protections in Australia, and promote the implementation of our international human rights into domestic law, and promote substantive equality. However we have concerns that the operation of the Act will not fulfill the objects clause in relation to addressing substantive equality, and make a number of recommendations aimed at strengthening the Draft in this regard.

Right to Silence Laws in NSW

KLC opposes the proposed changes to the right to silence in the Evidence Amendment (Evidence of Silence) Bill 2012. We are opposed to these changes because they would erode the right of the accused to a fair trial, are not based on any empirical-based research, do not have the appropriate safeguards for vulnerable people, and will not be combined with adequate legal representation.

Draft National Human Rights Action Plan

KLC supports many of the specific priorities in the Action Plan, but is concerned that the Action provides no wider policy goals. We are concerned that presently the priorities outlined in the Action Plan are simply the listing of specific projects, rather than broader Commonwealth strategies to achieve human rights. We believe that the Action Plan must include wider national policy goals, as well as specific projects. KLC endorses the National Association of Community Legal Centres (NACLC) submission on the Exposure Draft of Australia’s National Human Rights Action Plan.

Review of NSW’s Victims Compensation Scheme

KLC believes that the current Scheme is inadequate in creating an effective and efficient system for victims’ compensation. KLC has numerous recommendations to improve the system, including dedicating sufficient resources to the Victims Compensation Tribunal, higher level of compensation for victims of multiple acts of violence, etc.

Submission to the Review of the Fair Work Act 2009

KLC believes that the Fair Work Act 2009 (Cth) provides increased protection for employees and has improved the position of employees in Australia. We urge the Government to make a stronger commitment to increasing the flexibility of Australian workplaces by creating enforceable rights to flexible working arrangements and placing positive obligations on employer to create flexible workplaces.

NACLC’s Response to the Consolidation of Commonwealth Anti-Discrimination Laws Discussion Paper

NACLC believes that Commonwealth anti-discrimination laws need to be enhanced to enshrine Australia’s international human rights obligations into domestic law and to promote substantive equality. The paper explains numerous recommendations to improve the Australia’s anti-discussion paper. KLC coordinated this submission for NACLC.