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Legal
14 December 2012SpeechDignity, Fairness and Good Government: The Role of a Human Rights Act - Lord Bingham
It would clearly test to destruction the tolerance of the ordinary red-blooded Australian to have a Pom getting off the plane from London and telling them how to run their country. So I shall not presume to say how the current human rights debate in this country should be resolved. But perhaps I may contribute some thoughts, prompted by our own experience in the United Kingdom, acknowledging as I… -
Commission – General
14 December 2012SpeechIssues Affecting Behaviour in the Workplace
I would like to begin by thanking the Australian Public Service Commission (APSC) for inviting me to address you today, and thank Margaret Boylan (Regional Director, APS Commission, SA/NT) for her warm welcome. -
Disability Rights
14 December 2012SpeechAccess on the agenda
Paper delivered by Elizabeth Hastings Disability Discrimination Commissioner 1993-97 at the Creating Accessible Communities Conference Fremantle, 12 November 1996 -
Legal
31 May 2016Speech
Hotung Fellowship Public Lecture 2016
Human rights across the Tasman: a widening gulf. I am honoured to have been invited to give this lecture at the Law School of the University of Canterbury, funded by the generosity of the Sir Eric Hotung Fellowship. -
14 December 2012Book page
Indigenous Deaths in Custody: Chapter 3 Comparison: Indigenous and Non-Indigenous Deaths
Chapter 2. Indigenous Deaths in Custody Chapter 3. Comparison: Indigenous and non-Indigenous Deaths in Custody Chapter 4. Arrest and Imprisonment Rates and Most Serious Offence -
Commission – General
14 December 2012Webpage
International Covenant on Civil and Political Rights - Human rights at your fingertips
Learn about the principles of human rights, which include the right to self-determination and the right to political, economic and social development. -
Disability Rights
14 December 2012Speech
Opportunity knocks
I follow this custom wherever I go to speak in public. I think recognising Australia ' s indigenous peoples and their prior ownership of this land in this way is more than just good manners. It is an important part of recognising our diversity as a nation. -
14 December 2012Book page
Native Title Report 2002: Extinguishment of Native Title
The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds… -
14 December 2012Book page
Social Justice Report 2003: Chapter 3: Indigenous participation in decision making – Transforming the relationship between government and Indigenous peoples
The twin pillars of the government's approach to Indigenous policy in 2003 continued to be practical reconciliation, with its emphasis on service delivery in core areas of disadvantage, and mutual obligation, with its emphasis on reciprocity and individual responsibility. Through both of these policies, the government has identified moving Indigenous people beyond welfare dependency and enabling… -
14 December 2012Book page
Social Justice Report 2003: Chapter 4: Responding to petrol sniffing on the Anangu Pitjantjatjara Lands: A case study
In September 2002, the South Australian Coroner brought down his findings in the inquests into the deaths of Kunmanara[1] Ken (who died on 3 August 1999), Kunmanara Hunt (who died on 27 January 2001) and Kunmanara Thompson (who died on 26 June 2001). Each of these young Anangu was a chronic petrol sniffer (they had been sniffing for at least ten years) in their mid to late twenties living on the… -
14 December 2012Book page
HREOC Social Justice Report 2002: Self-determination - the freedom to 'live well'
a) Do Indigenous peoples have a right to self-determination? b) What is Indigenous self-determination? c) Summary - Defining Indigenous self-determination -
14 December 2012Book page
Native Title Report 2005 : Chapter 2 : Existing legal framework and leasing options
The ownership, particularly communal ownership of land by Indigenous people began in 1976 with the introduction of land rights legislation in the Northern Territory (the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA (NT)). -
Age Discrimination
20 May 2016PublicationEuthanasia, human rights and the law
This issues paper explores voluntary euthanasia by looking at the domestic regulatory environment in comparison to relevant international laws. It concludes with a human rights-based analysis of voluntary euthanasia and some commentary on the practice informed by human rights principles. -
Legal
14 December 2012Webpage
Inquiry into Stolen Wages
Only about 10% of people potentially affected took part in the consultation process; it was presented as a once only 'take it or leave it' offer, placing considerable stress on people often living in dire economic circumstances; there was a lack of independent legal advice on the implications of accepting the offer; and there was significant confusion as to the purpose of the consultations...[10] -
14 December 2012Book page
Social Justice Report 2001: Chapter 3: Indigenous governance and community capacity-building
Last year’s Social Justice Report noted that to date there has been insufficient attention by governments to processes which ensure greater Indigenous participation and control over service design and delivery as part of an overall strategy to redress Indigenous disadvantage and economic marginalisation. I observed that: -
Legal
14 December 2012Webpage
Submission - Inquiry into Paid Maternity, Paternity and Parental Leave (2008)
The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the Productivity Commission in its Inquiry into Paid Maternity, Paternity and Parental Leave (‘the Inquiry’). -
Age Discrimination
14 December 2012Publication
Age Discrimination: exposing the hidden barrier for mature age workers
Since the introduction of the Age Discrimination Act 2004 (Cth), experiences of age discrimination in employment among mature age workers have featured prominently in the complaints of age discrimination received by the Australian Human Rights Commission. In 2008-09, I undertook a series of consultations with peak bodies including age-based community groups, legal service providers, business… -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 5: The Disability Discrimination Act
The DDA covers discrimination on the ground of disability, including discrimination because of the use of a therapeutic device or aid;1 accompaniment by a carer or assistant;2 or accompaniment by an assistance animal.3 -
14 December 2012Book page
3 The Commonwealth’s understanding of the usefulness of biomedical markers for age assessment purposes
This chapter considers the Commonwealth’s approach to the use of biomedical markers to assess age since wrist x-rays became a prescribed procedure for the purpose of age determination following the enactment of the Crimes Amendment (Age Determination) Bill 2001 (Cth). It also considers what each relevant Commonwealth agency knew, or should have known, about the value of specific age… -
Legal
14 December 2012Webpage
SJU: Submission to Inquiry into Aboriginal Customary Law in NT
To access the Executive Summary of the Aboriginal and Torres Strait Islander Social Justice Commissioner's Submission to the Northern Territory Law Reform Committee Inquiry into Aboriginal Customary law in the Northern Territory click here.