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Rights and Freedoms
5 November 2020SpeechDo we have the necessary legal grammar to talk human rights?
We’re all talking human rights—but do we have the necessary legal grammar for them? Emeritus Professor Rosalind Croucher AM Acknowledgement Chief Justice, Justices, Masters and Registrars, good morning. Thank you to Justice Paul Tottle for the invitation to speak with you today. I’m sorry I can’t be with you in 3D, but WA once again has distanced itself from the rest of Australia in closing … -
14 December 2012Book page
Social Justice Report 2000: Chapter 3: International scrutiny of Australia's Indigenous Affairs policies
In the past year Australia's compliance with international human rights obligations has been under scrutiny by United Nations human rights treaty committees through consideration of Australia's periodic reports under four treaties. [1] Much of this attention has focused on issues relating to Aborigines and Torres Strait Islanders. This chapter focuses on the dialogue between the Australian… -
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… -
14 December 2012Book page
Native Title Report 2000: Chapter 3: Native title and sea rights
One of the major events of the period covered by this report was the handing down of the decision by the full Federal Court in the Croker Island case (1) on appeal from the decision of Justice Olney. (2) It is the major test case on the recognition of native title sea rights and represents the most authoritative statement of the law in Australia at the present time. It was a split decision and… -
14 December 2012Book page
15. Religion, Culture & Language for Children in Immigration Detention
The Convention on the Rights of the Child (CRC) requires Australia to protect children's rights to cultural identity, language and religion. The most effective way of ensuring enjoyment of these rights is to encourage and allow refugee and asylum-seeking children to participate in cultural and religious activities in the community. The Australian community is well equipped to respond to this need… -
Legal
14 December 2012WebpageCommission Submission Amicus Curiae - Howe v Qantas
However, if appropriate, and with leave of the Court, the Commissioner reserves the right to make further submissions on legal matters which may arise during the hearing of this matter and after receipt of the respondent’s particularised points of defence. No submissions are to be made in relation to the evidentiary and factual matters that may arise for determination. -
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… -
Legal
14 December 2012Webpage
Overview of the Bail Act amendments (2001)
The Bail Amendment (Repeat) Offenders Bill was introduced in the NSW Legislative Assembly on 20 March 2002. The Bill, which inserts a new Section 9B into the Bail Act, removes the presumption in favour of bail for certain repeat offenders, irrespective of the type of offence they have committed. Introducing the Bill to Parliament, Attorney-General Bob Debus declared its purpose to: "offer… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Although it is not possible to precisely specify all the circumstance that lead people to arrive in Australia through people smuggling routes, there can be no doubt that they undertake perilous journeys which put their lives and that of accompanying family members at risk. Given the very high rates of approval for those who have sought asylum in Australia through these routes, it is reasonable to… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Staff in the Social Policy and Advocacy Research Centre, and the Youth Studies Flagship at the Australian Catholic University welcome the Human Rights and Equal Opportunity Commission's initiative in establishing an inquiry into children in Australia's immigration detention centres. -
29 January 2013Book page
2. Women at ADFA: Harassment, Abuse, Discrimination and Assault
2.1 Introduction ADFA is a unique institution where cadets live, study, work and socialise. The intensity of this environment can exacerbate the experiences of sexual harassment, abuse, discrimination and assault. The Review had the opportunity to speak with women and men across the ADFA community and beyond. It is mindful of the pride felt by many about the inclusive culture of ADFA. Many… -
14 December 2012Book page
Social Justice Report 2000: Appendix 1 Information concerning Australia provided by the Human Rights and Equal Opportunity Commission to United Nations Committees in 2000
1) Committee on the Elimination of All Forms of Racial Discrimination (CERD): additional information to Australia's 10th, 11th and 12th periodic reports under CERD, March 2000; -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012WebpageThe unfinished business - Dumisa Ntsebeza
The first is that the title UNFINISHED BUSINESS happens to be the title of a book in whose authorship I have collaborated. The book's title is UNFINISHED BUSINESS : SOUTH AFRICA, APARTHEID AND TRUTH. You can order the book from a website, details of which you can get from Terry Bell at belnews@wn.apc.org. For every book purchased, the author and I have agreed a free copy will be donated to an NGO. -
14 December 2012Book page
Select Bibliography on Rural and Remote Education in Australia
This bibliography has been prepared by the Rural Education, Research and Development Centre, Townsville, Qld according to guidelines established by the Human Rights and Equal Opportunity Commission to assist in its inquiry into aspects of rural and remote school education provision in Australia. It attempts to include highly relevant, more recent, seminal, theoretical and policy-oriented… -
Rights and Freedoms
14 December 2012Speech
Asia Pacific Forum meeting: Dr Sev Ozdowski OAM (2001)
Although the first Human Rights Commission was established by federal legislation in 1981, ICESCR was not added to its mandate (unlike the ICCPR). The omission was repeated when the new (current) Commission was established in 1986. -
Legal
14 December 2012Webpage
Submission to the Parliamentary Standing Committee on Public Works on the Proposed Redevelopment of the Villawood Immigration Detention Facility
to meet the individual needs of each detainee taking into account his or her history and experiences, age, gender and cultural, religious and linguistic identity. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 7
Workers’ compensation schemes are intended to provide compensation to an employee who is incapacitated because of a work-related accident or to an employee’s dependants if the employee dies because of a work-related accident. -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - Vickers v Ambulance Service NSW
These submissions are filed on behalf of the Acting Disability Discrimination Commissioner ('the Commissioner') in the event that leave is granted by the Court for the Commissioner to appear as amicus curiae in these proceedings pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOC Act'). Such leave was sought by the Commissioner by way of Notice of… -
14 December 2012Book page
Freedom of Religion and Belief in the 21st Century - Discussion Paper (2008)
Submissions are invited on issues of Freedom of Religion and Belief in the 21st Century in Australia. In particular we are interested in your responses to any or all of the questions in the Discussion Paper, as well as any other issues of concern. -
Legal
14 December 2012Webpage
Model Spent Convictions Bill
Recommendation 2: Provision be made for serious offences by providing that serious offences can only be spent if a court so orders (in accordance with the procedure set out at clause 9).