Justice denied warning must be heeded

The Human Rights Review Tribunal has effectively blown the whistle on its own performance, putting the blame on malnourished resourcing for the job expected of it.

It says booming demand has led to backlogs that have meant delays that are ‘‘beyond unacceptable’’.

Meaning? People waiting more than two years for a hearing and up to three for a decision on their claims of harassment, discrimination, and breaches of privacy and health and disability rights.

This is not an outfit that is empire building.

Nor the unremarkable ambient whine of agencies throughout the land that want more taxpayer dosh on the grounds that they could then do a better job and wouldn’t that be nice?

Here, by chairman Rodger Haines’ account, is a problem that has developed to the stage where he must acknowledge a fundamental failure to be able to live up to his brief.

Taking up the old saying that justice delayed is justice denied, he’s saying that under his watch access to justice is being denied to ‘‘almost all’’ who seek it.

And he’s drawn support from the Privacy Commissioner John Edwards.

Remember, the review tribunal isn’t the first port of call for the aggrieved.

People turn to it to review decisions reached by the Human Rights Commission.

Which makes it the sort of appeal body that is worth having, or not.

Between those two settings is that well of sorrows inhabited by an under-resourced agency operating on a ‘‘you’ll just have to cope’’ basis.

Some 38 new cases in 2014 have risen to 93 new ones in 2016.

Haines clearly feels like too much of a one-man band and wants deputy chairmen to be able to be appointed. He’s received a temporary one. Former Justice Minister Amy Adams has said officials advised her that a deputy chairperson was not needed and other measures, adjusting the powers of courts and tribunals, had been taken to improve timeliness.

Really? How’s that been working out so far?

Let’s see the supporting information, because right now this smacks of another case where we have higher-ups saying that things are looking up, while people delivering the service are pointing out that performance has been tracking down – at least in terms of meeting need.

Elsewhere, we have improvements.

The Office of the Ombudsman was so swamped it was a sour joke among many out in the community.

We don’t want to overstate the improvement because Peter Boshier still has longstanding claims on his books, but its performance, overall, seems markedly improved.

Haines’ warnings deserve real scrutiny.