Abuse victims forced to chase their own compo
THE nature of discrimination law should be better recognised, and those who are discriminated against should not be left to bear the entire burden of challenging discrimination and ensuring that the Anti-Discrimination Tribunal’s decisions are complied with, says former Tasmania AntiDiscrimination Commissioner Robin Banks.
Ms Banks said individuals carried the whole burden of challenging discrimination and were responsible for pursing enforcement action in cases where the tribunal awarded compensation payments in their favour.
“The law should recognise the particular nature of discrimination law and its purpose in framing the way enforcement of decisions is dealt with,” Ms Banks said.
She said discrimination laws were enacted to recognise that the marginalisation of particular people because of their race, disability, gender or religion was harmful, not only to the individuals discriminated against but to society as a whole.
“Unfortunately, discrimination law already places the whole burden of challenging the wrong of discrimination on the shoulders of members of those marginalised groupings,” she said.
Ms Banks said individual complainants carried the “added burden” of having to pursue enforcement of decisions made by the Anti-Discrimination Tribunal.
Former Zeehan man Alexander Devantier was found by the Anti-Discrimination Tribunal to have been discriminated against by three people — brothers Adrian, Andrew and Jamie Maine. Five months ago the Anti-Discrimination Tribunal ordered the Maines to each pay Mr Devantier $2000 and provide a written apology. Mr Devantier said he had not received the apology or any compensation.
Anti-Discrimination Commissioner Sarah Bolt has agreed to initiate further proceedings against the Maines for failing to provide the apology, but Mr Devantier is on his own when it comes to recovering the money.
Hobart lawyer Roland Browne, who represented Longley couple Julian Punch and Brian Doran in their quest to receive a compensation payment ordered by the tribunal almost three years ago, said it was not the money that was important to victims of discrimination, but the fact that it is paid.
“What’s needed is a rapid way to enforce their [the tribunal’s] actions and that the cost of that doesn’t fall back to the person who’s just spent two or three years going through the Anti-Discrimination system,” Mr Browne said.