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The Canberra Times
The Canberra Times
Jasper Lindell

Discrimination law should apply to ACT police, racism inquiry finds

The Discrimination Act should apply to ACT Policing officers, a Legislative Assembly inquiry has found.

ACT discrimination laws should be expanded to cover police in the territory and the ACT government ought to ensure human rights laws apply in cases of police misdemeanour, a inquiry into racial vilification has found.

The Legislative Assembly inquiry also recommended the government fund a comprehensive public anti-racism campaign and commission research to better understand the experience children and young people have of racism in the territory.

The standing committee on education and community inclusion inquiry also recommended the government provide "intensive support through organisations led by Aboriginal and Torres Strait Islander peoples to ensure that removal of children from their families is a last resort".

A comprehensive anti-racism training program should be mandatory for all members of ACT Policing, Corrective Services, Child and Youth Protection Services and Housing ACT, the committee said.

Committee chair Michael Pettersson said: "Even if only instigated by a few, racial vilification has a profound impact on many in our community. The recommendations in this report aim to scaffold strong community support of diversity and a Canberra culture that calls out incidents of racism."

The inquiry also found the government should remove the requirement by the ACT Ombudsman to use internal processes to resolve complaints concerning vilification first before the body can consider issues.

"The committee is of the view that ACT Policing needs to be subject to clear mechanisms of accountability because racial vilification may be experienced at the hands of the police as observed by Aboriginal and Torres Strait Islander peoples," the report said.

"The committee also heard that some targets of racial vilification are afraid to report incidents in case the police wrongly assume that the targets are the perpetrators. For example, a Middle Eastern boy was apprehended by police in Canberra despite the fact that he was the target of racism from a female.

"For complaints about racial vilification by police officers, the only avenue is through the Commonwealth Ombudsman, which [the ACT Council of Social Service] notes is a 'difficult and inaccessible process'."

The committee found the policy that an attempt to resolve a complaint internally was ineffective for people incarcerated in the Alexander Maconochie Centre, because they may need to discuss the matter with a prison officer.

The government should also provide more information to the community about making racial discrimination complaints in a range of languages.

The Office of the Children and Young People Commissioner should be further promoted to racially diverse communities and in ACT public schools.

The Human Rights Commission should review its online reporting tool to make it accessible for people who speak languages other than English, easy to navigate and optimise the way it collects data about complaints to the commission.

The ACT Council of Social Service said the inquiry's findings showed the ACT government needed to do more to address racism and discrimination.

The peak body also welcomed recommendations designed to protect Aboriginal and Torres Strait Islander peoples, and those from migrant and refugee backgrounds, from racism and discrimination.

The council's chief executive, Dr Emma Campbell, said the organisation supported recommendations to improve cultural competency across ACT government service providers and ACT police.

"We also strongly support recommendation 13 which calls for the introduction of a bill to amend the Discrimination Act 1991 so that it also applies to ACT Policing," Dr Campbell said.

Dr Campbell called on the government to commit to additional funding for Aboriginal and Torres Strait Islander community controlled organisations and to fund a peak body that would advocate for culturally and linguistically diverse Canberrans.

The inquiry began in November 2022 at the instigation of Giulia Jones, the former Liberal member who resigned in May.

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