improving government service delivery to minority ethnic ... - NCCRI

“ A strong example of a policy package that is rights based comes from Western
Australia… PIAC endorses this approach because human rights are not treated as an
‘add-on’ but rather infuse the policy package. Further, the Policy Framework is a call to
action, and supports implementation with ‘how to’ guides, capacity building initiatives
such as a dedicated office in the Equal Opportunity Commission to support other public
authorities’ efforts, and accountability and monitoring strategies.” 47
The Policy Framework represents a shift from formal equality 48 to substantive equality 49 in the Western Australian
public sector. As such, a Substantive Equality Unit has been set up in the Equal Opportunity Commission
to assist the 21 State Government Departments with implementing the Policy Framework. The Departments
include health, education, housing, police, and justice.
During consultations, it emerged that although Government departments were receptive to the idea of a policy
on this topic, they required guidance, one manager said:
“ Don’t just tell me how to do it, show me how to do it.”
Therefore, a supporting unit, a strong methodology, and training were important. The Policy Framework itself
is not a high level policy statement but rather a methodology and the Substantive Equality Unit runs training
sessions and workshops and develops tools to support departments. The methodology was ‘tested’ during pilot
projects with four key departments including police and justice. The Policy Framework includes a methodology
based on five key steps depicted in Figure 1 below.
Figure 1: the five key steps
Review and
evaluation
Monitoring
strategies
Commitment to
implementing
the policy
Setting
objectives and
developing
strategies
Identifying
clients
and needs
47_Public Interest
Advocacy Centre (2005),
Submission to Human
Rights Consultation
Committee Victoria on a
proposed Charter of Rights,
p.33. Available at:
www.piac.asn.au/
publications/pubs/
VCRsubmission.pdf
48_The Policy Framework
defines formal equality as
follows:
Formal equality prescribes
equal treatment of all
people regardless of
circumstances, on the
understanding that all
have the same rights
and entitlements. Its
underlying logic is that by
extending equal rights to
all, inequality has been
eliminated. Sameness of
treatment is equated with
fairness of treatment. Formal
equality does not take into
account the accumulated
disadvantage of generations
of discrimination or the
disadvantage faced by
groups by a system that
fails to recognise different
needs.
49_The Policy Framework
defines substantive equality
as follows:
Substantive equality
involves achieving equitable
outcomes as well as
equal opportunity. It takes
into account the effects
of past discrimination. It
recognises that rights,
entitlements, opportunities
and access are not equally
distributed throughout
society. Substantive equality
recognises that equal or the
same application of rules to
unequal groups can have
unequal results. Where
service delivery agencies
cater to the dominant,
majority group, then people
who are different may miss
out on essential services.
Hence, it is necessary to
treat people differently
because people have
different needs.