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14 December 2012Book page
Bringing them Home - Appendix 8
2. The obligation to respect and to ensure respect for human rights and humanitarian law includes the duty: to prevent violations, to investigate violations, to take appropriate action against the violators, and to afford remedies and reparation to victims. Particular attention must be paid to the prevention of gross violations of human rights and to the duty to prosecute and punish perpetrators… -
15 July 2014Book page
Chapter 1: How far have we come? Looking back on 20 years of the Social Justice Commissioner role
1.1 Introduction This year marks 20 years since the establishment of the Aboriginal and Torres Strait Islander Social Justice Commissioner (Social Justice Commissioner) role under the Australian Human Rights Commission Act 1986 (Cth). When I first started in this position I was asked if any of the previous Commissioners had left any words or notes of advice. I answered them ‘no, but they all… -
Legal14 December 2012Webpage
Decisions 1985 - 2001
On 23 September 1999, the federal Government passed the Human Rights Legislation Amendment Act No. 1 1999 (Cth). This law transferred the public hearing and determination process from the Commission to the Federal Court of Australia and the Federal Magistrates Court. This law came into effect on 13 April 2000. -
14 December 2012Book page
Human Rights 21: Getting the message out - Human Rights Education
One of the most important ways to protect human rights is to build community understanding and challenge attitudes which are based on myths and stereotypes. The key to this is education. -
Rights and Freedoms14 December 2012Project
Prisoners Rights
Prisoners, just like all other people, are entitled to enjoy their human rights. Prisoners can make complaints to the Commission about human rights breaches and discrimination that occurs in prison. -
14 December 2012Book page
Law Society Journal 2009: Recent changes to the Disability Discrimination Act 1992 improve protection of disability rights
Significant amendments to the Disability Discrimination Act 1992 (DDA), which came into effect on 5 August 2009, clarify its operation in many areas, align some of its key definitions with other federal discrimination Acts and represent a significant improvement in the protection of the rights of people with disability.[1] This article will examine some of the most important changes, namely the: -
14 December 2012Book page
Annual Report 2007-2008: Milestones
This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Human Rights and Equal Opportunity Commission. -
Legal14 December 2012Webpage
Federal Discrimination Law: Foreword by Catherine Branson QC
Federal Discrimination Law is produced by the Commission's Legal Section and examines the significant issues that have arisen in federal unlawful discrimination cases. It provides a comprehensive coverage of decisions in the jurisdiction as well as highlighting a range of relevant issues of practice and procedure. -
14 December 2012Book page
Annual Report 2008-2009: Chapter 10
This year marked the end of my nationwide Listening Tour and the beginning of what has been a busy but rewarding time in my term as Commissioner. I am delighted to report that it has been an exciting year for progressing gender and age equality in Australia. The Listening Tour played an important role in setting the agenda for my term. In deciding where the Commission should focus its efforts, I… -
14 December 2012Book page
Chapter 4: Beyond the Apology - an agenda for healing: Social Justice Report 2008
On 13 February 2008 Prime Minister Kevin Rudd, on behalf of the Australian Parliament, made a historic and long overdue national Apology to the Stolen Generations. With eloquence and emotion, Prime Minister Rudd said what so many Australians have wanted to say, and what so many Indigenous peoples have needed to hear: -
14 December 2012Book page
Native Title Report 2007: Overview
The year 2007 is the fortieth anniversary of the 1967 constitutional referendum. The referendum changed the Australian Constitution however it didn’t specify directions to be taken. In many ways, it could be said that the referendum represented promises to Indigenous Australians for new ways of enjoying human rights, and promises to other Australians that Indigenous citizens could expect a… -
Legal14 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. -
Legal14 December 2012Webpage
Federal Discrimination Law: Update Information for 26 September 2008
Update Information 26 September 2008 Back to index This table lists changes to FDL Online to assist regular users keep track of developments in the law. Updated Section(s) of FDL Online Case Name Chapter 3: The Racial Discrimination Act 3.1.1(b): The right to equality before the law in s 10 Bropho v State of Western Australia [2008] FCAFC 100 3.2.2(a)(iii): ‘Based on’ and intention to… -
Legal14 December 2012Webpage
A Human Rights Guide to Australia's Counter-Terrorism Laws
This guide provides a basic overview of Australia’s counter-terrorism laws from a human rights perspective. It discusses the following questions: -
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
Commission Website: National Inquiry into Children in Immigration Detention
The Law Institute of Victoria wishes to endorse the Legal section of the Submission by KIDS (Kids in Detention Story) to you Inquiry into Children in Immigration Detention. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 12
The issue of divorce never arises for same-sex couples, since they cannot legally marry. However, a same-sex couple, like an opposite-sex de facto couple, may need the assistance of a court to resolve property and child-related issues if their relationship breaks down. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 17
Organisations and individuals raised a range of issues with the Inquiry that did not fall strictly within its Terms of Reference. Where these issues relate to one of the main chapters of this report, they are discussed within that chapter. -
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… -
14 December 2012Book page
Human rights - what do I need to know? (2008)
All Australians have human rights. Human rights are universal: they are for everyone, everywhere, everyday. Human rights are based on values such as freedom, equality and dignity and seek to protect our quality of life.