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14 December 2012Book page
Native Title Report 2002: Summary of the Validation & Confirmation of Extinguishment Provisions in the NTA
In the High Court’s formulation of native title in Mabo (No 2), [1] delivered on 3 June 1992, it was made clear that in the past, governments could validly grant interests in land that would extinguish native title. These grants could be made without payment of compensation to native title holders. [2] At least that was as far as the common law was concerned. The Court did not need to… -
Legal
14 December 2012WebpageSubmission to Court as Intervener and Amicus Curiae
The Human Rights and Equal Opportunity Commission (‘the Commission’) has sought leave to appear as amicus curiae in the hearing of both appeal proceedings. The Commission does not argue for a particular outcome in the appeal, but rather seeks to identify the relevant principles of law as they apply to the appeal for the assistance of the Court. -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
Commission – General
9 April 2013PublicationOur agenda: Commission workplan 2012-2013
This document provides an overview of the Commission’s major activities for 2012-13. The Commission regularly reviews the ways in which human rights are being observed and respected across Australia. We do this to determine where we can take practical action and make a positive difference. -
Legal
14 December 2012Webpage
Submission - Family Violence and Commonwealth Laws: Employment and Superannuation (2011)
The Australian Human Rights Commission makes this submission to the Australian Law Reform Commission in its Inquiry into Family Violence and Commonwealth Laws: Issues Paper - Employment and Superannuation. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The immediate and long-term impact of trauma on children and young people: The implications of placement in detention centres for recovery from trauma and development of resilience -
14 December 2012Book page
Social Justice Report 1998 : Chapter 4: Government Responses to the Recommendations of Bringing Them Home
Bringing Them Home - the Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families (the National Inquiry) - made 54 'head' recommendations, 83 recommendations in total [1], to address what was referred to as 'the continuing devastation of the lives of Indigenous Australians'. The implementation of most recommendations requires action… -
Disability Rights
29 June 2015PublicationGuidelines for Providers of Insurance and Superannuation
The Commonwealth Disability Discrimination Act 1992 (the "DDA") aims, as far as possible, to promote the rights of people with a disability to participate equally in all areas of life. It does this by making it unlawful to discriminate against a person with a disability, subject to a number of exceptions intended to balance the rights of people with disabilities with those of other persons. … -
14 December 2012Book page
Bringing them Home - Chapter 22
Adoption is the transfer, generally by order of a court, of all parental rights and obligations from the natural parent(s) to the adoptive parent(s). In Australia, legal adoption is relatively recent. It was first introduced in 1928 in Victoria, for example. Until very recently adoption involved near-total secrecy, partly in deference to the desire of adoptive parents to present the child as… -
Disability Rights
14 December 2012Speech
Equality by degrees
I'm honoured to give this address. I completed my law degree at this university, and well remember the December day in 1977 when I received it. It was the culmination of four years of hard work, experiencing the pleasures and trials of campus life, and acquiring - as well as a reasonable amount of legal knowledge - a much broader appreciation of the world around me, warts and all. -
Rights and Freedoms
6 March 2020SpeechIs it coming up roses yet? Women in the 21st century
Union, University and Schools Club * check upon delivery Introduction Thank you to the Union, University and Schools Club for inviting me to speak and to Dr Mary Forbes for reaching out to. This is a wonderful event. Full of pride, full of celebration—and full of women and supportive men! Let me begin by acknowledging the traditional custodians of the land on which we meet, the Gadigal… -
Disability Rights
14 December 2012Speech
Speech - iPhone or Trombone: Age or Disability Don't Have to be Barriers (2012)
Alan used to work as a civil engineer, and is a trombone player with two orchestras and two bands. He has competed in the Australian Band Championships for the last three years. He sold his soils laboratory to 'retire', and has never looked back. He still works part-time in soil testing, but as well as trombone playing he is a volunteer in a Rotary shop, walks 30-40 kilometers weekly, won a… -
Asylum Seekers and Refugees
8 January 2014PublicationA last resort? National Inquiry into Children in Immigration Detention
This is an important report. It deals with our treatment of children in the most recent wave of boat people seeking refuge and a better life on our shores. It does so in the knowledge that there is a tension created by the community expectation that the Government will defend Australia's security while simultaneously upholding individual rights - the notion of the 'fairgo' for all. The report… -
Disability Rights
14 December 2012Speech
Opportunity Knocks:Workers with a Disability
Allow me to begin by acknowledging the Gadigal people of the Eora Nation, traditional owners of the land on which we meet, and pay my respects to their elders both past and present. -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased had been arrested for driving under the influence of alcohol and for driving while disqualified. He was placed in what the Coroner described as an enclosed cell, in which occupant vision is impossible, at around 3.00am and told he would remain there for a period of four hours. -
14 December 2012Book page
HREOC Annual Report 2003-2004 : Appendices
The International Labour Organisation Convention 111 deals with discrimination in employment and occupation. Australian adherence to this Convention provides that all people have the right to equal treatment in employment and occupation without discrimination on the basis of: -
Legal
14 December 2012Webpage
Recommendation for temporary exemption: S.A. Minister for Transport and Others
The Commission has previously granted a temporary exemption under section 55 of the Disability Discrimination Act 1992 (DDA) to the South Australian Minister for Transport, TransAdelaide and the South Australian Passenger Transport Board from the operation of section 24 of the DDA, specifically in relation to the lack of access for people who use a wheelchair to existing buses. -
14 December 2012Book page
Psychological Well Being of Child and Adolescent Refugee and Asylum Seekers
This paper outlines major international research findings of the past ten years reflecting knowledge gathered about the psychological health of child and adolescent refugee/asylum seekers. In doing so, several key areas of consistency are identified. First, with the majority of research in this area centered on the prevalence of psychopathology, and particularly post-traumatic stress symptoms, it… -
Commission – General
14 December 2012Speech
Presentation at the Governor’s Leadership Foundation Forum
HREOC is a statutory body independent of government. While our main function is to promote an understanding and acceptance of human rights in Australia, we are also charged with the responsibilities of investigating, and attempting to conciliate complaints of unlawful discrimination under the federal Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
The current submission recognises the need to move beyond mere critique of the status quo and focus resources on the development of viable alternatives. To be feasible any such model must satisfy the legitimate concerns of the government while upholding the fundamental right of freedom of movement.