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procedural fairness credibility assessments safeguards against unfairness cultural competence

Procedural Fairness – cases involving people from a culturally and linguistically diverse background. procedural fairness credibility assessments safeguards against unfairness cultural competence. Procedural fairness. Hearing rule Bias rule Evidence rule. The meaning of CALD.

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procedural fairness credibility assessments safeguards against unfairness cultural competence

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  1. Procedural Fairness – cases involving people from a culturally and linguistically diverse background

  2. procedural fairness credibility assessments safeguards against unfairness cultural competence

  3. Procedural fairness Hearing rule Bias rule Evidence rule

  4. The meaning of CALD • …descriptor for communities with diverse language, ethnic background, nationality, dress, traditions, food, societal structures, art and religion characteristics … • CALD people are generally defined as those people born overseas, in countries other than those classified by the …ABS as “main English speaking countries” …

  5. The meaning of culture • The sum total of ways of living built up by a group of human beings, which is transmitted from one generation to another • Multifaceted - often changing - incorporates contradicting elements • Remade continually – dynamic - often contested and heterogeneous

  6. Further points about culture • Organisational and professional culture • Diversity between cultures – diversity within cultures • Culture is not definitive of a person’s identity or conduct

  7. 28.5% of Australia’s estimated resident population was born overseas (ABS 30.6.15) 26.2% of Victorians born overseas in more than 200 countries 46.8% born overseas or had at least one parent born overseas 23.1% spoke LOTE at home 67.7% adhered to 35 faiths (2011 census)

  8. The hearing rule • There must be a “meaningful opportunity to be heard” - Kenny J Perera v MIMA [1999] FCA 507 • Is an interpreter required? • Relevant attributes of interpreter • Is any departure from relevant standard of interpretation significant for applicant’s claim or tribunal’s decision?

  9. The bias rule • Actual bias • Apprehended bias • Adversarial or non-adversarial proceeding • Predisposition distinguished from pre-judgment

  10. Assessing credibility • Demeanour • Demeanour in cases involving CALD people

  11. Safeguards against unfairness • Members – Administrators • Pre-hearing • Hearing • Post-hearing • The Florida judges and “Bias in chambers”

  12. Cultural competence – a shared endeavour • Cultural competence “[c]ombines general knowledge about various cultures with specific information provided by an individual who identifies with the culture … Cultural competence is not a one-time, finite achievement. It is a process that is applied in every case (usually many times) to ensure impartiality of the [member] and analysis of …facts and circumstances ...”

  13. Building cultural competence • Self-awareness and self-knowledge • Commitment • Modesty and respect • Understanding of concept of culture • Knowledge of cultures and practices

  14. Some resources • Australian Bureau of Statistics http://www.abs.gov.au/websitedbs/censushome.nsf/home/quickstatscob?opendocument&navpos=220 • Ethnic Communities’ Council of Victoria) http://www.eccv.org.au/ • Federation of Ethnic Communities Councils of Australia http://fecca.org.au/ • Judicial Council on Cultural Diversity http://www.jccd.org.au/ • Victorian Multicultural Commission http://www.multicultural.vic.gov.au/ • Victorian Transcultural Mental Health http://www.vtmh.org.au/ • Settlement Council of Australia http://www.scoa.org.au/

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