Communication No. 1036/2001
Submitted by: Bernadette Faure (represented by her father, Leonard Faure)
Alleged victim: The author
State party: Australia
Date of adoption of Views: 31 October 2005
Dole programme amounted to a forced or
compulsory labour, reasoning that the alleged
violation arose by direct operation of legislation,
rather than as a result of a decision maker’s
discretion and therefore fell outside of its statutory
mandate. HREOC observed, in addition, that
“…reducing or cancelling unemployment assistance
because a person does not want to participate in the
Work for the Dole programme does not constitute
forced or compulsory labour, as the nature of the
punishment and the degree of involuntariness does
not reach the threshold required to breach article 8
(3) (a) of the [Covenant].”
Subject matter: Receipt of unemployment benefits
conditioned upon performance of compulsory
labour
Procedural issues: Exhaustion of domestic remedies
– Substantiation, for purposes of admissibility
– Scope of the Covenant
Articles of the Covenant: 2 and 8
Article of the Optional Protocol: 5, para. 2 (b)
Finding: Violation (arts. 2, para. 3; and 8)
1.
The author of the communication, initially
dated 19 June 2001, is Bernadette Faure, an
Australian and Maltese national, born 22 April 1980.
She claims to be a victim of a violation by Australia
of her rights under articles 2, paragraphs 2 and 3 (a)–
(c), and 8, paragraph 3. She is represented by her
father, Leonard Faure, who acts with her express
authority.
2.4 On 9 July 2001, the author commenced the
Work for Dole programme, finishing her initial
employment placement on 7 October 2001. After
starting a second employment placement on 24
October 2001, she did not attend the placement on
30 October and again on 5–6 November. On 22
November 2001, a rate reduction period was
imposed on her unemployment benefit for her
unexplained absence on 30 October (second
“activity test” breach in two years).2
The facts as presented by the author
2.1 After leaving high school aged 16 in 1996, the
author continuously drew unemployment benefits.
On 7 July 1997, the Social Security Legislation
Amendment (Work for the Dole) Act 1997 (“the
1997 Act”) entered into force.
2.5 On 6 December 2001, her unemployment
benefit was entirely cancelled for her unexplained
absence on 5–6 November 2001 (her third “activity
test” breach in two years) and she left the Work for
Dole programme. Prior to the cancellation, she was
contacted and claimed that she had been too ill to
attend the employment placement. She was unable to
provide a medical certificate for her absence,
claiming to have lost the original one provided by
her doctor, and was unable to provide a copy from
the doctor. The cancellation resulted in a two months
non-payment period of her unemployment benefits.
2.2 On 3 November 2000, after having been
referred to and attending an “Intensive Assistance”
programme at IPA Personnel Ltd (a Governmentaccredited private employment agency), the author
failed to comply with the terms of her “Preparing for
Work Agreement” (first “activity test” breach in two
years). As a result, on 13 November 2000, a rate
reduction period was imposed on her unemployment
benefit.1
2.6 On 10 December 2001, an administrative
review officer affirmed the decision to cancel the
author’s unemployment benefit. On 26 February
2002, her unemployment benefits were reinstated
following a renewed application for payment of
unemployment benefits.
2.3 Following completion of the “Intensive
Assistance” programme, the author was referred on
three occasions to an employer, Mission Australia, to
undertake the Work for Dole programme, with an
interview scheduled on each occasion. She did not
attend any interview. In the meantime, on 12 June
2001, the Human Rights and Equal Opportunities
Commission (HREOC) also declined to investigate a
complaint lodged on her behalf that the Work for
The complaint
3.1 The author alleges that she was required to
perform forced or compulsory labour in violation of
article 8, paragraph 3 (a), of the Covenant, in
1
2
The State party explains that the reduction in payment
for a first activity test breach in two years is 18 per cent of
the person’s maximum basic rate of payment for 26
weeks.
The State party explains that the reduction in payment
for a second activity test breach in two years is 24 per cent
of the person’s maximum basic rate of payment for 26
weeks.
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