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14 December 2012Book page
Native Title Report 2004 : Chapter 1 : The Consultations
During the 2004 reporting period I have embarked on a series of consultations focusing on the ideas and principles that were contained in a Discussion Paper, released by my predecessor as Social Justice Commissioner in June 2003. The Discussion Paper was entitled Promoting Economic and Social Development through Native Title (at Annexure 1). This chapter seeks to record and develop the ideas and… -
Legal
14 December 2012WebpageCommission submission: IVF
(a) whether section 8 of the Infertility Treatment Act 1995 (Vic) ('ITA') is inconsistent, in terms of section 109 of the Constitution, with section 22(1) of the Sex Discrimination Act 1984 (Cth) ('SD Act'); and -
14 December 2012Book page
Chapter 2 - Introduction: Social Justice Report 2009
Indigenous imprisonment rates in Australia are unacceptably high. Nationally, Indigenous adults are 13 times more likely to be imprisoned than non-Indigenous people[1] and Indigenous juveniles are 28 times more likely to be placed in juvenile detention than their non-Indigenous counterparts.[2] -
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… -
Legal
2 August 2017Submission
Australian Citizenship Legislation (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017
The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Legislation Committee’s inquiry into the Australian Citizenship Legislation (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 (Cth) introduced by the Australian Government. -
Commission – General
14 December 2012Speech
"I'm the boss, so that's the way it is!"
I would like to begin by thanking the Australian Public Service Commission (APSC) for inviting me to address you today, and to thank you for your attendance. -
14 December 2012Book page
Social Justice Report 2000: Chapter 4: Achieving meaningful reconciliation
This report identifies the necessity to adopt a human rights approach to reconciliation, as well as shortcomings in Australia's performance on human rights issues as they relate to Aborigines and Torres Strait Islanders. This chapter emphasises processes and mechanisms that enable reconciliation to be implemented within a human rights framework. It identifies crucial commitments and processes… -
14 December 2012Book page
HREOC Report No. 28
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into complaints made by twenty six immigration detainees at the Curtin Immigration Reception and Processing Centre. I have found that acts or practices of the Commonwealth, namely placing some of the complainants in separation detention for periods of between three… -
Legal
14 December 2012Webpage
Submission: Sex Discrimination Amendment Bill (No 1) 2000 (Cth)
1.1 The amendments effected by the Sex Discrimination Amendment Bill (No 1) 2000 (Cth) ("the Amendment Bill") go to the core of the guarantee of non discrimination contained in the Sex Discrimination Act 1984 (Cth) ("the SDA"). 1.2 The provisions of the Amendment Bill are of great concern to the Human Rights and Equal Opportunity Commission ("the Commission") and the… -
Legal
14 December 2012Webpage
No. V 470 of 2002
1. The Human Rights and Equal Opportunity Commission (the 'Commission') files these written submissions pursuant to the orders entered on 13 September 2002. The Commission makes no submissions on the issue of whether the Minister should be granted leave to appeal from the judgment and orders of Merkel J. On the assumption that such leave is granted, the Commission's submissions address the proper… -
Legal
14 December 2012Webpage
Submission to the Review of ATSIC
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission. [1] It responds to the public discussion paper titled 'Review of the Aboriginal and Torres Strait Islander Commission - June 2003'. -
14 December 2012Book page
Native Title Report 2008 - Appendix 4
The following international instruments[1] have been placed in tables according to topic area. Note, however, that many of the instruments are relevant to several topic areas. Clauses marked * are relevant to Indigenous knowledge’s. -
Legal
14 December 2012Webpage
Commission submissions: Clarke
The Commission has an interest and expertise in relation to the interpretation of the RDA, the application of the International Convention of the Elimination of all forms of Racial Discrimination (CERD),[1] and racial discrimination issues generally, as set out in paragraphs 14 and 15 of the affidavit of Ms Branson dated 18 July 2011. -
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… -
28 October 2013Book page
2 Onshore detention and processing
2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained… -
Legal
26 February 2016Submission
Submission to Inquiry into the Regulatory and Legislative Aspects of Surrogacy Arrangements (2016)
Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Surrogacy and human rights 4.1 What is surrogacy? 4.2 Human rights issues in surrogacy arrangements 5 Current regulation of domestic surrogacy in Australia 6 Options for future domestic regulation: increase consistency and certainty domestically 6.1 Previous attempts at national consistency 6.2 Identifying people willing to enter… -
Legal
14 December 2012Webpage
Post Implementation Review of the Fair Work Act 2009
We have found that employees in the SACS industry are predominantly women and are generally remunerated at a level below that of employees of state and local governments who perform similar work. [6] -
Rights and Freedoms
10 April 2013PublicationHomelessness is a Human Rights Issue
This paper explores the many ways that homelessness impacts on a person’s ability to enjoy basic rights and freedoms. It shows that homelessness is more than just a housing issue. Homelessness is about human rights. Homeless people are not merely objects of charity, seeking help and compassion – like all Australians, they are individuals entitled to the protection and promotion of their human… -
Commission – General
14 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
Homelessness is a Human Rights Issue (2008)
Access to safe and secure housing is one of the most basic human rights. However, homelessness is not just about housing. Fundamentally, homelessness is about lack of connectedness with family, friends and the community and lack of control over one’s environment.