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14 December 2012Book page
Native Title Report 2005 : Chapter 2 : Existing legal framework and leasing options
The ownership, particularly communal ownership of land by Indigenous people began in 1976 with the introduction of land rights legislation in the Northern Territory (the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA (NT)). -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 8: Deprivation of Liberty and Humane Detention
In accordance with the general principle stated at Guideline 2 and the UNHCR [1] Guidelines on Refugee Children, minors who are asylum seekers should not be detained… -
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… -
14 December 2012Book page
Social Justice Report 2001: Chapter 1: Ten years on from the Royal Commission into Aboriginal Deaths in Custody
The year 2001 marked the tenth anniversary of the final report of the Royal Commission into Aboriginal Deaths in Custody. The 5 volumes and 339 recommendations that comprise the national report of Commissioner Johnston remain among the most extensive, frank and devastating examinations of the impact of colonialism on the Indigenous peoples of this country. -
Disability Rights
14 December 2012SpeechSpeech - My body, my health, my decision (2012)
Both men acquired their disabilities 20 years ago. Neither of them work, nor do they have daily activities, or relationships with people outside their family. -
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… -
Legal
14 December 2012WebpageThe protection of genetic information of Indigenous peoples
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner of the Human Rights and Equal Opportunity Commission. It considers the human rights implications of the use of the genetic information of Aborigines and Torres Strait Islanders (herein, Indigenous peoples) and the adequacy of current levels of protection. -
Commission – General
14 December 2012SpeechPresident speeches: The influence of human rights on judicial decision-making
May I acknowledge the Gadigal people of the Eora nation, the traditional owners of the land upon which we meet, and pay my respect to their elders past and present. -
Legal
14 December 2012Webpage
Inquest into the death of Mr Ward (2009)
the provisions of an international convention to which Australia is a party can also serve as an indication of the value placed by Australia on the rights provided for in the convention and, therefore, as indicative of contemporary values.[7] -
14 December 2012Book page
Native Title Report 2007: Chapter 8
These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples. -
Rights and Freedoms
14 December 2012SpeechTHE CLASH OF CIVILISATIONS: Dr Sev Ozdowski OAM (2003)
"....the fundamental conflict in the next millennium will not be primarily ideological or primarily economic. The great divisions among humankind and the dominating source of conflict will be cultural"... -
Disability Rights
29 June 2015Publication
Guidelines 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. … -
Rights and Freedoms
14 December 2012Speech
Can rights solve the issue of homelessness?
Homelessness has, I'm sure, been on your agendas for many years. More recently, both Parity and the Rudd federal government (if I can put you both in the same league) has given it a much increased focus. Today, I want to identify the many human rights issues raised in the context of homelessness, and suggest how a human rights framework would help address what is an ever-increasing problem in our… -
Commission – General
14 December 2012Speech
Site navigation
This session focuses primarily on relationships between National Human Rights Institutions (NHRI’s) and the Judiciary, but as well touches on their relationship with officers of the executive government such as the Attorney-General. One of the stated aims of this session is to assess how the independent institutions of the judiciary and NHRI’s can mutually and independently strengthen… -
Legal
14 December 2012Webpage
Review of Counter-Terrorism and National Security Legislation
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. -
Commission – General
14 December 2012Speech
Federal 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… -
Disability Rights
14 December 2012Speech
Pathways to Employment
Thanks for the opportunity to speak to this conference today. You are embarking on this topic, in my view, at just the right time. Unemployment is the lowest it has been for over a decade. Our economy is strong and needing more employees, and our population is ageing, reducing the relative size of the workforce. In coming years, there will be fewer of us to support more of us, so as many people… -
Rights and Freedoms
14 December 2012Speech
“Child Migrants and Human Rights in our Time”: Dr Sev Ozdowski OAM (2005)
I should add, at this point, that my work over the past few years and my inquiry on children in immigration detention (CIDI), in Australia, the report of which "A last resort?" was tabled in the Australian Federal parliament in May of 2004, has made me even more keenly aware of the fragility of child asylum seekers. But more on that later! -
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
Native Title Report 2002: Extinguishment of Native Title
The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds…