The Canberra Is the Multicultural Aboriginal and Torres Strait Islander Affairs - Essay Example

The Canberra is the Multicultural Aboriginal and Torres Strait Islander Affairs (Name) (Institution) (Course) (Instructor’s Name) Date of submission One of the most active programs in the Canberra is the Multicultural Aboriginal and Torres Strait Islander Affairs. This program has often been in the limelight as Australia seeks to come into terms with its diversity issues with the aboriginals often accusing the government of neglect and historical injustices (Shnukal 2001). The aboriginals have in many occasions filed individual and communal cases against the common wealth government among other bodies for neglect and compensation for historical injustices. This agency was formed in order to address the issue raised by the Aboriginals and Torres Strait Islanders among other minority communities in Canberra from a cultural standpoint. This agency is also supported by the Australian Capital Territory laws that states that “Anyone who belongs to an ethnic, religious or linguistic minority must not be denied the right, with other members of the minority, to enjoy his or her culture, to declare and practise his or her religion, or to use his or her language” (ACT 2004, p.13) As a workplace, this agency is subject to a number of legislations such as labour laws, immigration, and discrimination. The Australian Capital Territory discrimination act of 1991 is one of the most relevant to the agency. This law is largely derived from the national laws and it covers discrimination based on age, disability, race, sex. The agency is required by law to ensure that their employees are protected against discrimination of whatever form in the workplace. The fact that the agency is a weapon in fighting discrimination and correcting historical injustices does not exempt it from the same problems it is supposed to solve in the minority communities. As such, as an entity created to serve the minority communities, employees who are seen as not belonging to the minority groups might be subject to discrimination. They may be perceived as person working where they don’t belong because they are supposed to push for the rights of the minority, rights that they are perceived not to understand. Employees of this agency are also exposed to discrimination from the people they are supposed to serve, the minority communities. It would be expected that minority communities would be more responsive and cooperative to communities they consider ‘their own.’ This implies that employees from minority and aboriginal communities working in this agency would have a simpler time executing their duties which relate to interacting with the minority communities that in the case off a white Australian who are still considered settlers by some communities. Occupational health and safety act is another legislation that is applicable to all working places in Australia Multicultural Aboriginal and Torres Strait Islander Affairs included. This law requires that employees are duly protected and informed of all the risk involved in carrying out their duties. The agency on he other hand should ensure safety of all employees and should also work in minimising the risks involved. This may entail providing protective clothing and equipment in the workplace. This protection and information should also be extended to all the stakeholders such as the community in which the agency operates. This is because the duty of care does not only apply to persons directly involved with the agency but others not directly involved with the agency. This also scores an important point for the agency as a good corporate citizen. The agency is occasionally operates and works with remote communities located in remote areas and poorly underdeveloped islands where some of the aboriginal communities reside. It is common understanding that not many employees are receptive to working in remote undeveloped areas far way from civilization. There is a possibility that some workers in the agency might be posted to work in such areas against their will. Does this surface fall under the forced labour legislation? Section 26 of the ACT human rights laws states that “no one may be made to perform forced of compulsory labour” (ACT 2004, p.12). However, this provision has certain exclusions which are contained the same section which say that forced labour does not include “work or service required because of an emergency or calamity threatening the life or wellbeing of the community; or work or service that forms part of normal civil obligations” (ACT 2004, p. 12-13). Duty of care is the legal obligation imposed on employer(s) or an organization in averting foreseeable harm to the employees in the process of conducting organizational duties. Failure to provide such care towards others is best understood as negligence. The Multicultural Aboriginal and Torres Strait Islander Affairs agency is obligated by law to ensure that its employees do not suffer discrimination. By working with minority communities, employees should be duly informed on the possibilities of discrimination from the communities that they serve. Hostility has been from minority communities is a common issues in the media news. While minority communities have often been the victims, some minority communities have been hostile to outsiders such as the agency’s employees. This is usually a case of misunderstanding give that the agency fights for the preservation of the aboriginal culture and promoting it as a national treasure. The agency is thus obligated to provide the right training and protection to its employees to avoid such situations. By duly informing employees of the working conditions and also providing the right work procedures, the agency minimises chances f accusation of neglect. To enforced these laws that face the agency, there ahs been a number of policies enacted. Chief among them is a strict recruitment procedure that ensures that all employees meet the legal employment age. All employees are vetted on age and qualification depending on the position. However, there are exceptions for college students searching for industrial attachment in their courses. Thorough training of employees is essential in preparation of the working processes and challenges in performing duties and responsibilities. Employees are trained on particular aspects and practices of various cultural communities and how to respect them. This ensures easy interaction and cooperation from the minority communities and in the process averts conflict. As earlier indicated, some communities have been hostile to outsiders especially to persons from other communities. Apart from the above legislations which the agency has successful enforced in its operations, it is also subject to privacy laws and the human rights laws. The privacy law protects employees from interference of their personal lives by their employers. However, in many occasions, the definition of ‘personal life’ is blurred hence observing this law is oftentimes a problem for many employers. The agency has also to emphasise the same privacy observation to its employees while performing their duties. Give that they interact with minority and aboriginal communities in the preservation of culture, they must ensure that their actions do not transgress privacy rules of the people that they serve. The agency faces several challenges in observing some of the legislations mentioned above. One of them is blurred separation of private life and public life. Some information that employees might perceive as private may be necessary in the performance of duty. For instance, employees who have indicated personal aggression towards certain minority communities cannot be allowed to serve in the agency. This is because his personal views will interfere with his professionalism in executing his duties. While individuals reserve the freedom of speech and association, these provisions sometimes erode the provisions of the privacy law. The duty of care requirement requires that employer preconceive all possible situations in the work place and eliminate the risk such situations pose to their employees and other stakeholders. As an employer, the agency is mandated to inform its employees about the impeding risks posed by such situations. This may be problematic to accomplish practically as some situation may occur which had been overlooked. In case of injury or harm to employees in a situation which could have been averted and blame is directly attributable to the agency, then employees have a right to seek compensation from the agency over negligence. Ethical dilemmas The protection of the minority communities has often drawn criticism from certain areas of the territory. Some people feel that giving the minority communities special treatment is delaying their induction into the mainstream society. For instance, some minority communities are allowed to carry on with some cultural practices that are illegal in other communities such as game hunting. This may cause dissatisfaction in the mainstream communities who may feel discriminated against. Such provisions that seek to uphold the culture of one community may contravene national laws. For instance, ACT has some recreational parks that boast of plants that have medicinal value to some aboriginal communities. Whilst the law may allow such communities to gather such plants, it is inappropriate to do so in the recreational parks. The agency has thus to consider the provisions set aside for minority communities and align them with other laws such as those of the local governments. The Canberra is the Multicultural Aboriginal and Torres Strait Islander Affairs agency is subject to many other laws apart from the few mentioned above. However, these laws are not the only ones that guide the agency in performing its duties. The agency has developed an ethics code of conduct for its employees that is largely derived from the relevant laws on how to handle employees. The agency has a responsibility to support its employees in living by the code of ethics and also in observing the laws. There are diverse ways through which such an agency can support its employees. The most critical one is training its employees about the code of conduct and about the relevant laws that apply to the agency. Secondly, the agency must provide good leadership whereby decision maps are drawn. This ensures that all activities within the agency follow an agreed path through the hierarchical levels and ensuring that service s delivered to the people. References ACT Human Rights Act 2004. Retrieved online on 30th Aug 2010 from http://www.legislation.act.gov.au/a/2004-5/20090202-38657/pdf/2004-5.pdf Recognition of traditional Aboriginal and Torres Strait Islander child-rearing practices, Retrieved online on 30th Aug 2010 from http://www.dhcs.act.gov.au Shnuka, A. (2001) Torres Strait Islanders. Brandle, Maximilian (ed.) Multilcutlural Queensland 2001: 100 years, 100 communities, A century of contributions, Brisbane, The State of Queensland (Department of Premier and Cabinet) The Way Forward Multicultural Summit – Summary. Retrieved online on 30th Aug 2010 from http://www.dhcs.act.gov.au Read More