Human Resources

Cultural and Linguistic Diversity

Policy and Legislative Context

Introduction

The Department promotes and celebrates the value of cultural, religious, racial and linguistic diversity.  Education is critical to the success of our multicultural communities and a prosperous and harmonious Victorian society.  The Department complies with Commonwealth and State human rights, equal opportunity and anti discrimination legislation and proactively develops strategies and plans to create better outcomes and service delivery for culturally and linguistically diverse communities.  The Department is committed to safe and inclusive workplaces, schools and early childhood centres free from harassment, bullying and unlawful discriminatory behaviour based on the protected attributes of race, religious belief or activity.  For details about relevant Victorian Government Acts and the Department’s Cultural Diversity Plan and associated policies please see below.

DEECD Cultural Diversity Plan 2008-2010

Victoria is one of Australia’s most culturally and linguistically diverse states. Victorians come from more than 230 nations, speak 180 languages and follow more than 116 religions. One in four Victorians are born overseas. Victorian Government schools and workplaces reflect the multicultural diversity of our community.

The DEECD Cultural Diversity Plan 2008-2010 outlines a range of initiatives to provide culturally sensitive service provision across the organisation.  The plan addresses three key outcome areas:

  • Integrate culturally appropriate training for staff in the delivery of services to our CALD communities
  • Ensure that information is readily accessible to CALD communities
  • Include assessment of the effectiveness of service delivery to CALD communities as an integral part of program evaluation

The Department is in the process of implementing actions and strategies identified within the plan.

DEECD Cultural Diversity Plan 2008-2010 (PDF version 381KB)

DEECD Cultural Diversity Plan 2008-2010 (Word version 1185KB)

Summary information about the plan:

Arabic (PDF - 91Kb)        Turkish   (PDF - 96Kb)      Traditional Chinese (PDF - 83Kb)        Simplified Chinese   (PDF - 53Kb)      Vietnamese (PDF - 89Kb)

 

Charter of Human Rights and Responsibilities

The Charter of Human Rights and Responsibilities Act came into effect on 1 January 2007 and provides human rights protection in Victoria specifically regarding civil and political freedoms and responsibilities. The Charter places obligations on Parliament, Government and Public Authorities to respect and promote human rights. The Charter is the first of its kind by an Australian state and will ensure that human rights are taken into account in a consistent way whenever Government develops new policies and legislation in Victoria. The Charter makes it unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right. The human rights that are protected in the Charter include:

  • Protection against discrimination
  • Right to life
  • Protection from torture and cruel, inhuman or degrading treatment
  • Freedom from forced work
  • Privacy and reputation
  • Freedom of thought, conscience, religion and belief
  • Freedom of expression
  • Peaceful assembly and freedom of association
  • Protection of families and children
  • Property Rights
  • Cultural Rights
  • Right to liberty and security of person
  • Humane treatment when deprived of liberty
  • Fair hearing and rights in criminal proceedings
  • Right not to be tried of punished more than once.

As part of the introduction of the Charter, the Equal Opportunity Commission was re-named the Victorian Equal Opportunity and Human Rights Commission. The Commission has a number of important duties under the Charter including:

  • reporting on the operation of the Charter across government to the Attorney General
  • reviewing its interaction with other statutory provisions and the common law
  • providing education about human rights and the Charter and;
  • when requested by a public authority, to review that authority's programs and practices to determine their compatibility with human rights.

The Public Administration Act 2004 was also amended with the introduction of the Charter so that public officials are now responsible for respecting and promoting human rights as set out in the Charter by making decisions and providing advice consistent with human rights; and actively implementing, promoting and supporting human rights. The Public Sector Standards Commissioner has provided further guidance on how public officials can demonstrate their commitment to human rights as part of the release of the Code of Conduct for Victorian Public Sector Employees (2007). 

Responsibilities

Responsibilities of Managers, Principals and School Councils

  • Managers, Principals and School Councils need to ensure that staff and students are aware of the Multicultural Act, Racial and Religious Tolerance Act and Commonwealth and State Human Rights and Equal Opportunity legislation and have an understanding of the key principles that underpin the legislation.
  • Managers and Principals need to ensure that all school and workplace policies and practices are consistent with the intent of the legislation.

Responsibilities of Staff

  • Staff are requested to familiarise themselves with the principles of the legislation and Department policy
  • Staff are expected to behave in accordance with the principles of the Multicultural Victoria Act 2004, Racial and Religious Tolerance Act 2001 and Commonwealth and State Human Rights and Equal Opportunity legislation

Tools

Tools which can assist schools with cultural diversity, equal opportunity policy and discrimination and harassment legislative compliance can be found on the Department’s Schools Compliance Checklist website or at the Victorian Equal Opportunity and Human Rights Commission website at:

http://www.humanrightscommission.vic.gov.au/Safe%20Schools/School%20Leaders/EO%20and%20Anti-Harassment%20Compliance/

Equal Opportunity Tools include

  • Policy Template
  • Equal Opportunity Policy Checklist
  • Equal Opportunity Guidelines
  • Equal Opportunity Online Link

 

Multicultural Victoria Act 2004

The principles of multiculturalism are enshrined in the Multicultural Victoria Act 2004 and include that:

  • all Victorians are entitled to mutual respect and understanding regardless of their cultural, religious, racial and linguistic backgrounds;
  • all individuals and institutions in Victoria should promote and preserve diversity and cultural heritage within the context of shared laws, values, aspirations and responsibilities;
  • all individuals in Victoria (regardless of background) have shown that they can work together to build a positive and progressive future and this co-operation is to be encouraged so as to enhance Victoria as a great place in which to live, work, invest and raise a family;
  • all individuals in Victoria are equally entitled to access opportunities and participate in and contribute to the social, cultural, economic and political life of this State;
  • all Victorians have a responsibility to abide by the State’s laws and respect the democratic processes under which those laws are made

The Department, managers, principals, school councils, staff and students are required to act in accordance with the principles of the Multicultural Victoria Act 2004. In addition to principles of multiculturalism the Act specifies reporting requirements for all departments in relation to Multicultural Affairs.

 Further information on the Multicultural Victoria Act 2004 can be accessed at:

http://www.multicultural.vic.gov.au/web24/vmc.nsf/allDocs/RWPF2D611A5E6710709CA2572F1001D0564

 

Racial and Religious Tolerance Act 2001

The Racial and Religious Tolerance Act 2001 promotes equal participation in an open and multicultural democracy and prohibits the vilification of persons on the ground of race or religious belief or activity. The Act provides a means of redress for the victims of racial or religious vilification and gives powers to the Equal Opportunity and Human Rights Commission to help people resolve complaints.

The Act covers people’s actions and behaviours not their beliefs. The Act describes ‘vilification’ as conduct that incites hatred against, serious contempt for, or revulsion or severe ridicule of, a person's racial or religious background. The Act also deals with ‘serious vilification’ which includes threatening, or inciting others to threaten or physically harm people or their property.

The Act recognises the consequences of vilification on the individual and the community including diminishing an individual’s sense of self-worth, dignity and belonging to the community. Racial and religious vilification can also reduce an individual’s ability to contribute to and participate in, all social, political, economic and cultural aspects of society as equals, thus reducing the benefit that diversity brings to the community.

The Act covers public behaviour, including use of the internet and email, which have the effect of inciting hatred, serious contempt for, or severe ridicule of people's racial or religious backgrounds and practices. For instance, the Act makes it illegal to:

  • write racist graffiti in public places;
  • make racist speeches at a public rally;
  • display racist posters or stickers in a public place;
  • engage in racist or religious vilifying abuse in a public place;
  • make offensive racist comments in a publication including Internet and email.

The legislation has been drafted to maintain freedom of speech while protecting the rights of all people in our society to participate in it as equals. The Act includes exceptions for conduct or discussion which is engaged in reasonably and in good faith in relation to:

  • an artistic work or performance;
  • a statement, publication, discussion or debate in any genuine academic, artistic, religious or scientific purpose or which may be considered in the public interest;
  • a fair or accurate report on a matter of public interest;
  • private conduct.

An important aspect of the Act is the responsibility of all employers to maintain workplaces free of racial and religious vilification. Vicarious liability provisions apply (Section 17 and 18). More information can be found about the Racial and Religious Tolerance Act from the following sites:

http://www.humanrightscommission.vic.gov.au/publications/RRTA%20Materials/

http://www.multicultural.vic.gov.au/web24/vmc.nsf/headingpagesdisplay/about+uslegislation

 

Valuing Cultural Diversity – A Fairer Victoria

The Valuing Cultural Diversity (2002) and A Fairer Victoria: Progress and Next Steps (2006) policy statements outline the Governments commitments to cultural and linguistic diversity.

The Victorian Government has made supporting multiculturalism a key goal for Government Departments through reducing inequality, improving access to services, encouraging participation in our community and leading the way in promoting the social and economic benefits of cultural diversity. The Government’s Valuing Cultural Diversity (2002) policy statement explains these core principles for promoting cultural diversity:

Valuing diversity

  • Fostering a community that recognises the values and benefits of a culturally rich and diverse society.
  • Actively promoting respect and harmony and discouraging racism and negative stereotypes.

 

Reducing inequality

  • Recognising the right of people of diverse national, ethnic, religious and linguistic backgrounds to practise, enjoy and share their culture.
  • Having in place systems and procedures that will enable all Victorians access to government services and programs free from undue impediment.
  • Ensuring government policies and strategies are responsive to all Victorians.

Encouraging participation

  • Encouraging an inclusive society that provides opportunities for all people to fully participate in public and civil life.
  • Using appropriate media and promotional channels as a means to ensure government information reaches all.
  • Identifying and addressing any barriers to full participation.

Promoting the social, cultural and economic benefits of cultural diversity for all Victorians

  • Promoting the benefits of a culturally and linguistically diverse society and the social, cultural and economic opportunities this provides to advance the wellbeing of all Victorians.
  • Promoting to the Victorian community the benefits gained from cultural and linguistic diversity.

The Department reports annually on how it responds to the needs of our culturally diverse community. The report covers activities in schools, central and regional offices.

In the social policy statement A Fairer Victoria – Progress and Next Steps (2006) the Government commits all Departments to develop Cultural Diversity Plans which address provision of culturally sensitive service delivery to Victoria’s communities. The Cultural Diversity Plan will have a focus on three key outcome areas:

  • incorporate culturally appropriate training for staff into the delivery of services to CALD communities;
  • ensure that information on services is readily accessible to CALD communities; and
  • include assessment of the effectiveness of service delivery to CALD communities as an integral part of program evaluation.

The Department is developing a Cultural Diversity Plan in accordance with this requirement and will report annually on progress through the Minister, to the Minister for Multicultural Affairs.  A Cultural Diversity Committee will steer the development of the Plan. Stakeholders including the Victorian Multicultural Commission will be consulted in the development of the Cultural Diversity Plan.

 

Further information on the Fairer Victoria (2006) policy statement can be found at:

http://www.dpc.vic.gov.au/CA256D800027B102/Lookup/AFairerVictoriaPDF/$file/060504%20AFV_web.pdf

Further information on the Valuing Cultural Diversity  (2002) policy statement can be found at:

http://www.multicultural.vic.gov.au/Web17/voma/rwpgslib.nsf/GraphicFiles/Valuing+Cultural+Diversity/$file/Valuing+Cultural+Diversity.pdf

 

Victoria’s Diversity - a snapshot of the 2006 Census data

The latest Census information indicates that on 8 August 2006, there were 4,257,742 Victorians of which 1,173,201 were born overseas (23.8%). Of those born overseas in Victoria 4.1% came from the United Kingdom, 1.7% from Italy, 1.3% from New Zealand, 1.2% from Vietnam and 1.1% from China, followed by Greece, India, Sri Lanka, Malaysia and Germany. This is a relatively different picture to 2001 when the top ten countries included UK, Italy, Greece, Vietnam, followed by those born in New Zealand, China, India, Germany, Sri Lanka and Malaysia.

At a national level census data indicates that between 1996 and 2006, the size of the European-born population in Australia decreased. Since 1996, the biggest decreases in the number of Australian residents born in a particular country were for Italy (by around 39,000), Greece (17,000), and England (15,000). Since 1996, the groups which had increased the most in number were those born in New Zealand (by around 98,000), China (96,000), and India (70,000). Furthermore a number of Australia's recent arrivals had been born in countries recently affected by war and political unrest. Over 73% (or around 14,000) of Australian residents born in Sudan had arrived in 2001 or later. Similarly, a high proportion of the populations born in Zimbabwe (48% or 10,000 people), Afghanistan (45% or 7000), and Iraq (34% or 11,000) had arrived in 2001 or later.

The top six languages spoken at home in Victoria include English (74.4%), Italian (2.7%), Greek (2.4%), Vietnamese (1.5%), Chinese (1.4%) and Mandarin (1.3%). Other prominent languages include Arabic, Macedonian, Turkish, Spanish and Croatian.

In the 2006 Census, the most common responses for religious affiliation in Victoria were Catholic 27.5%, No Religion 20.4%, Anglican 13.6%, Uniting Church 5.6% and Eastern Orthodox 4.5%. The major religions apart from Christianity (2,985,802) were Buddhism (132,633), Islam (109,371), Hinduism (42,311) and Judaism (41,105). Since the 1996 census the religions that have grown the most in Victoria were Hinduism with a 60.4% rise over ten years, Buddhism with 52.5% rise and Islam with 38.6% rise.

 

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