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Rights and Freedoms1 May 2013Publication
Human rights issues raised by the third country processing regime
The Commission recognises the importance of effective border management and recognises that Australia has a right as a sovereign State to exclude non-citizens from its territory. However, Australia also has international obligations in relation to asylum seekers who come here, including those who arrive by boat, which must be observed in its border management practices. This paper provides a… -
14 December 2012Book page
DIAC Response to the 2010 Australian Human Rights Commission Report on Immigration Detention on Christmas Island
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (the Commission) 2010 Report on Immigration Detention on Christmas Island. -
Commission – General14 December 2012Speech
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Human rights are said to be universal and indivisible. This paper explores how far that universality introduces human rights principles into the functions and work of the Administrative Appeals Tribunal (AAT). The answer, I think, could be “further than you realise”. -
14 December 2012Book page
Seminar on implementing the Optional Protocol to the Convention against Torture (OPCAT) (Nov 2009)
Catherine Branson welcomed guests, in particular international guests and acknowledged the traditional owners of the land. She thanked the Asia Pacific Forum of National Human Rights Institutions for co-hosting the seminar. She acknowledged the importance of the right to be free from torture, and congratulated the Australian Government for recognising the rights of those deprived of their liberty… -
Legal14 December 2012Webpage
Consultation on exposure draft National Human Rights Action Plan
The Australian Human Rights Commission makes this submission to the Attorney-General’s Department on the exposure draft of a new Human Rights National Action Plan which the Department has issued for comment. -
Legal14 December 2012Webpage
Consolidation of Commonwealth Discrimination law - domestic and family violence
The Australian Human Rights Commission makes this supplementary submission further to its submission on the Commonwealth discrimination laws, lodged in December 2011[1] (the principal submission). -
14 December 2012Book page
Chapter 1 - Introduction: Social Justice Report 2008
A united Australia which represents this land of ours; values the Aboriginal and Torres Strait Islander heritage and provides justice and equity for all. Vision of Reconciliation, Council for Aboriginal Reconciliation.[1] -
Legal14 December 2012Webpage
Commission submissions: Sakhi
1. The Human Rights and Equal Opportunity Commission (“the Commission”) seeks the leave of the Court to intervene to make submissions in this case. -
Legal14 December 2012Webpage
Commission submissions:the Queen
Apart from the express statutory authority for such intervention it would appear that the non party intervention may only be allowed where the intervener can provide arguments or facts which will contribute to the Court's reaching an informed decision, and where the significance of those arguments or facts is sufficient to outweigh any expense and/or delay which may be caused to the parties by… -
14 December 2012Book page
Native Title Report 2008 - Chapter 3
The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the… -
14 December 2012Book page
Native Title Report 2000: Chapter 5: Implementing the amendments to the Native Title Act
In 1999 and 2000 the Committee on the Elimination of Racial Discrimination (the CERD Committee) and the Human Rights Committee (HRC) of the United Nations both criticised the 1998 amendments to the Native Title Act 1993 (the NTA) as limiting the rights of Indigenous people.(1) The committees found that the amendments were discriminatory and recommended that Australia either suspend implementation… -
14 December 2012Book page
HREOC Report No. 20
10.1 Whether there was an act or practice in terms of the HREOC Act 10.2 Whether there was a distinction, exclusion, or preference on the basis of criminal record 10.3 Whether the distinction, exclusion or preference nullified or impaired equality of opportunity or treatment in employment or occupation 10.4 Whether the distinction, exclusion or preference was based on the inherent requirements of… -
14 December 2012Book page
Native Title Report 2002: Recognition of native title
Native title is an intersection of two different legal systems and cultures. The way in which Australia chooses to give recognition to the relationship that Indigenous people have with their land, and the range of options it considers to express that relationship, are matters that affect the human rights of Indigenous people. -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (NTA). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
14 December 2012Book page
Indigenous Deaths in Custody: Chapter 9 Juveniles
Explore a report prepared for the Aboriginal and Torres Strait Islander Commission into the deaths in custody of Indigenous juveniles. -
Legal14 December 2012Webpage
Commission submissions: Hurst
View a report into the Commission seeking leave to intervene in the case of Tiahana Hurst v State of QLD in relation to the Disability Discrimination Act. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 6
Employment is fundamental to the lives of Australian families. For many individuals, work is their major activity outside the home, and ensures their family’s financial security. -
Rights and Freedoms14 December 2012Webpage
Human Rights: Discrimination in Employment on Basis of Criminal Record
Australians who have a criminal record often face significant barriers to full participation in the Australian community. Trying to find a job is one of the areas of greatest difficulty for former offenders. This discussion paper explores one potential barrier to employment: discrimination in the workplace on the basis of criminal record. -
14 December 2012Book page
It's About Time - Chapter 4
4.1 Introduction 4.2 The key issues 4.3 Workplace relations framework 4.4 Recognising the relationship between paid work and caring work 4.5 Certainty and flexibility in the workplace 4.6 Structural change to support gender and carer equality 4.7 The need for expanded legal rights 4.8 Workplace culture and use of family-friendly policies 4.9 A life cycle approach to work and a universal approach… -
Legal27 October 2014Submission
Information concerning Australia’s compliance with the Convention Against Torture
Information concerning Australia’s compliance with the Convention Against Torture Submission by the Australian Human Rights Commission 17 October 2014 Download PDF Download Word Table of Contents 1 Introduction 2 Statutory powers of the Australian Human Rights Commission 3 Independent monitoring and inspection mechanisms, including ratification of the Optional Protocol 4 Domestic…
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