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 b?opendocument&navpos=220 Ethnic Communities’ Council of Victoria) Federation of Ethnic Communities Councils of Australia Judicial Council on Cultural Diversity Victorian Multicultural Commission Victorian Transcultural Mental Health Settlement Council of Australia