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Legal
14 December 2012WebpageSubmission: MIGRATION LITIGATION REVIEW
1. The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited to make submissions in relation to the Migration Litigation Review (‘the Review’), being conducted by Ms Hilary Penfold QC, First Parliamentary Counsel. -
Rights and Freedoms
14 December 2012SpeechUSING THE LAW TO MAKE A DIFFERENCE Graeme Innes AM (2007)
Scarlett Finney was only six when she saw the brochures for the Hills Grammar School, set in park-like grounds in Sydney's outer suburbs. She indicated her keenness to attend "the school in the bush". Her parents were prepared to pay the fees, and saw the setting and curriculum as providing her with a great education. But the school refused her enrolment due to the… -
Commission – General
14 December 2012SpeechSite navigation
I accepted the invitation to make this Oration and come here tonight with some trepidation: The person being honoured tonight, Dame Roma Mitchell, was the first federal Human Rights Commissioner and this is the territory that has known the powers of persuasion, conviction and commitment of the best human rights minds in the country, including Dame Roma Mitchell herself. Yet I reminded myself that… -
Legal
14 December 2012Webpage
Commission submission - Minh Dung Luu
1. The Human Rights and Equal Opportunity Commission ("the Commission") was granted leave by his Honour Justice Marshall on 5 June 2001 to intervene in these proceedings pursuant to s 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the "HREOC Act"). -
Legal
14 December 2012Webpage
Submission: Commission intervener
1.1 On 8 February 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.92 of the Family Law Act 1975 (Cth) ("Family Law Act"). -
Rights and Freedoms
19 August 2016Speech
Tony Blackshield Lecture
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years. I have two… -
Sex Discrimination
14 December 2012SpeechPeeling the inequality onion
This paper considers national and international legislative and other provisions regarding equality for women in the labour market. Australia ranks second to Sweden in terms of pay equity. It is argued that over the last two decades of global shifts to labour market decentralism and deregulation, Australian women have fared relatively well. Three fundamental reasons stand out: -
Legal
14 December 2012Webpage
Catholic Education Office - Application for Exemption
By this instrument, the Human Rights and Equal Opportunity Commission (the "Commission") declines to grant to the Catholic Education Office, Archdiocese of Sydney (the "CEO") a temporary exemption pursuant to section 44(1) of the Sex Discrimination Act (Cth) 1984 (the "Act"), in relation to the operation of sections 21(2)(a) and 22(1) of the Act. -
Legal
26 March 2015Submission
Inquiry into the Commonwealth’s Treaty-Making Process
Download PDF Download Word 1 Introduction and summary The Australian Human Rights Commission makes this submission to the Foreign Affairs, Defence and Trade References Committee in its Inquiry into the Commonwealth’s Treaty-Making Process. The Commission is established by the Australian Human Rights Commission Act 1986 (Cth) and is Australia’s national human rights institution with an… -
Rights and Freedoms
26 September 2016Speech
Human rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS GILLIAN TRIGGS [*] (Annual Tony Blackshield Lecture delivered at Macquarie Law School, Macquarie University, 5 November 2015) I It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of… -
14 December 2012Book page
Native Title Report 2000: Chapter 4: Indigenous heritage
The recognition of native title by the High Court in 1992 was a significant development in the legal apparatus for protecting Indigenous culture. Under the concept of native title it is possible that sacred and significant sites and objects might be protected, not within the historical category of Aboriginal heritage, but as matters valued in contemporary Indigenous culture with current… -
Commission – General
14 December 2012Speech
Equality before the law
In the second century AD, Marcus Aurelius, a Roman emperor and Stoic philosopher, thanked one of his brothers for teaching him to value "the conception of the state with one law for all, based upon individual equality and freedom of speech, and of a sovereignty which prizes above all things the liberty of the subject."1 -
Complaint Information Service14 December 2012Publication
ADR in the context of Anti-Discrimination and Human Rights Law(2000)
The aim of this paper is to examine the use of Alternative Dispute Resolution [3] (ADR) in the context of the administration of complaints under anti-discrimination and human rights law. -
14 December 2012Book page
17. Major Findings and Recommendations of the Inquiry
In addition to the detailed findings in each of Chapters 5-16, the Inquiry has made the following major findings in relation to Australia's mandatory immigration detention system as it applied to children who arrived in Australia without a visa (unauthorised arrivals) over the period 1999-2002. -
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. -
Commission – General
14 December 2012Speech
President speeches: The Potential Role of National Human Rights Institutions in the Pacific
This paper advocates that National Human Rights Institutions (NHRIs) have a very valuable role to play in the Pacific, and that the promotion and protection of human rights in the Pacific would benefit immensely by Pacific nations each establishing a NHRI. -
Legal
14 December 2012Webpage
Australia's compliance with the Convention Against Torture
Learn how Australia complies with the UN Committee Against Torture in areas such as immigration detention, prison conditions and victims of trafficking. -
Disability Rights
14 December 2012SpeechDisability discrimination legislation and its implementation (1997)
When I was invited to prepare this paper, Andrew Byrnes encouraged me to concentrate on drawing out strategic thoughts from the Australian experience which might be relevant in Hong Kong , and perhaps in other countries also. That is what I hope to do, rather than spending much time simply reciting that experience or the terms of Australia 's legislation. -
Business and Human Rights
30 November 2022SpeechExecutive discretion in a time of COVID-19
Responses to the COVID-19 pandemic have required very quick action by governments. But those responses have also involved significant limitations on people’s rights and freedoms, especially freedom of movement, and implemented through executive power often with limited parliamentary involvement. -
Legal
27 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…