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Commission – General
14 December 2012SpeechFederal Anti-discrimination Law - 2004
In May last year I stepped down from my position as a Judge of the Federal Court to accept the role as President of HREOC. It has been a time of new challenges, such as the need to balance the legislative and administrative responsibilities that the Commission has been given by the federal government, with the important role of advocating for the rights of those on the margins of Australian… -
14 December 2012Book page
Native Title Report 2007: Chapter 1
Native title is now well established in Australian law. The native title system was set up in 1994 under the Native Title Act 1993 (Cth) (the Native Title Act). It is for gaining recognition and protection of native title, and for resolving native title matters. It has been successfully used in many parts of the country. -
14 December 2012Book page
Native Title Report 2007: Chapter 5
Good functioning of prescribed bodies corporate (PBC)2 is essential to native title. Recognition of native title rights only goes part of the way to redress the historical injustice of land dispossession. Without appropriate means to make decisions about land, the existence of native title makes minimal appreciable difference to Indigenous people. -
14 December 2012Book page
Native Title Report 2007: Chapter 11
While the native title system is able to deliver social and cultural outcomes through determinations of native title, Indigenous land use agreements (ILUAs) are one of the only ways in which native title holders can pursue economic development. -
Legal
14 December 2012WebpageTemporary exemption : REX Airlines
By this instrument, the Human Rights and Equal Opportunity Commission (‘the Commission') grants a temporary exemption to Regional Express (“REX”) pursuant to section 55(1) of the Disability Discrimination Act 1992 (Cth) in relation to airline services operated by REX. -
Legal
14 December 2012Webpage
Inquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2011
Recommendation 2: The Migration Act should be amended to provide that detention of unlawful non-citizens in immigration detention facilities must only be used as a measure of last resort. There should be a clear presumption against the detention of children for immigration purposes. -
Disability Rights
14 December 2012WebpageDisability Discrimination Act Action Plans: A Guide for Business
The Disability Discrimination Act 1992 (DDA) is a piece of Commonwealth legislation which creates a new context for service provision. The Act requires that people with disabilities be given equal opportunity to participate in and contribute to the full range of economic, social, cultural and political activities. Access for people with disabilities, including access to the goods, services and… -
Disability Rights
14 December 2012Speech
Hot Topics
Can I also acknowledge Blake Dawson Waldron lawyers for providing the venue and facilities, and the NSW Disability Discrimination Legal Service for their initiative in organising this forum. -
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… -
Legal
14 December 2012Webpage
Commission submissions: Gunn and Taylor
(gb) Where HREOC considers it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve issues of discrimination on the ground of sex, marital status, pregnancy or potential pregnancy or discrimination involving sexual harassment; -
3 January 2014Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations During Australia’s review, the Government made a commitment to improving Australia’s monitoring of its international human rights obligations. Australia is a party to seven of the core human rights treaties and maintains a number of reservations under these. The Australian Government made a commitment to conduct a comprehensive review of such… -
22 July 2013Book page
Chapter 7: ADFA’s Structure and Staffing (Recommendations 11-15)
Key findings of Review The Review found that: The high turnover of Commandants and military staff has had a significant negative impact on ADFA’s leadership stability, continuity and organisational memory. The COMDT has limited influence over which staff are posted to ADFA and has limited engagement with ADF Service Chiefs. ADFA is not considered a prestigious posting for staff. This has an… -
29 January 2013Book page
Appendix E – 2011 ADFA Unacceptable Behaviour Survey Results
The following tables present survey results from the 2011 Unacceptable Behaviour Survey that are relevant to the Review. A total of 599 cadets completed the survey, however, the below figures do not always total 599 (or 100% for proportional items). This is due to incomplete responses, instances where respondents skipped questions, and rounding. The tables and figures cited below are taken… -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 2 - The Age Discrimination Act
The ADA commenced operation on 23 June 2004. At the date of publication there have been a limited number of cases in which the ADA has been considered[1] and there has not yet been a successful claim of unlawful age discrimination. This chapter therefore focuses on the background to the legislation and its significant features as well as highlighting some similarities and differences with other… -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
Commissioners: DR SEV OZDOWSKI, Human Rights Commissioner MRS ROBIN SULLIVAN, Queensland Children's Commissioner PROFESSOR TRANG THOMAS, Professor of Psychology, Melbourne Institute of Technology MS VANESSA LESNIE, Secretary to the Inquiry -
14 December 2012Book page
Indigenous Deaths in Custody: Arrest, Imprisonment and Most Serious Offence
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 -
14 December 2012Book page
Native Title Report 2001: Chapter Three: Negotiating co-existence through framework agreements
A stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land is emerging through negotiation and agreement-making. Native title agreements are increasingly seen as an important tool in defining the rights of native title holders over their land. But here, as in other aspects of native title, there is concern that there are currently… -
14 December 2012Book page
Annual Report 2002-2003: Chapter 3
Where a complaint is made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) alleging breaches of human rights and discrimination in employment, the President or his delegate may report to the Attorney-General where conciliation cannot resolve the matter and an inquiry has satisfied the President there has been a breach of human rights or discrimination in employment. The… -
Legal
14 December 2012Webpage
Submissions on the Sex Discrimination Amendment (Teaching Profession) Bill 2004
2. First, the Bill is unnecessary because it is unlikely to achieve its stated purpose; that is to address the problem of the imbalance in the number of male and female school teachers and the assumed effect of that imbalance on the education of male school students. In that regard the Commission notes that there is little available evidence which suggests that proposed amendment would increase… -
Legal
14 December 2012Webpage
Submission to the Senate Legal and Constitutional Legislation Committee
1.1 Wide-ranging amendments to the structure and functions of the Human Rights and Equal Opportunity Commission ("the Commission") are proposed by the Australian Human Rights Commission Legislation Bill 2003 (Cth) ("AHRC Bill").