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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. -
Legal
14 December 2012Webpage
Commission submissions: P v P
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's view should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The aim of this submission is to inform HREOC, at the outset of its Inquiry, of the concerns held about Children in Immigration in Detention, by members of the legal profession in New South Wales. The focus of the submission is limited to the issue of compliance with international and domestic legal obligations. Relevant obligations are outlined, concerns are highlighted and finally,… -
Commission – General
3 September 2018PublicationHuman Rights & Climate Change (2008)
Climate change will have significant impacts in both Australia and across the globe. Australia is one of the most arid continents in the world. It is vulnerable to risks such as disruptions to water supply; increases in the severity of storms, floods and droughts, coastal erosion due to sea level rise; and to negative human health impacts, for example through an increase in the range and spread… -
16 May 2013Book page
Chapter 6: Additional Resources
View Chapter 6 as PDF View Chapter 6 as Word This chapter provides some useful information and links for industry-specific and general information on increasing the representation of women. Mining Industry Australia Increasing the Diversity of the Mining Industry Workforce – Strategies for Employers Women in Mining Network (WIMnet), 2003This bulletin is a collection of strategies and ideas… -
Disability Rights
14 December 2012SpeechAdvancing equality in education and beyond
Allow me to begin by acknowledging the people of the Wurundjeri nation, the traditional owners of the land on which we meet, and pay my respects to their elders both past and present. -
11 February 2013Speech
Human Rights Day Oration - delivered by the Honourable James Spigelman AC QC
The Human Rights Day Oration was delivered by James Spigelman, Chairman of the ABC and former Chief Justice of the Supreme Court of NSW from 1998 until 2011. His keynote speech tackled the topical issue of ‘Where do we draw the line between hate speech and free speech?’ -
14 December 2012Book page
Native Title Report 2008 - Case Study 1
Imagine the sea rising around you as your country literally disappears beneath your feet, where the food you grow and the water you drink is being destroyed by salt, and your last chance is to seek refuge in other lands...[1] -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
1) Background to Hotham's work with asylum seekers 2) Asylum Seekers in the Community 3) Addressing the needs of asylum seekers in the community 4) The transition from detention to the community 5) Positive Outcomes 6) Appendix 1: General Community Release Issues 7) Appendix 2: Summary of the Swedish Model of Detention -
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. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This Office issued a formal report on Immigration Detention Centres in March 2001 which contained a number of recommendations to DIMIA for improvements in arrangements for children. The investigation was conducted following complaints and a number of reported incidents including escapes and allegations of assault on detainees. It revealed evidence at every immigration detention facility of self… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The commissioner will inquire into the adequacy and appropriateness of Australia's treatment of child asylum seekers, and other children who are, or have been, held in immigration detention, including: -
Legal
14 December 2012Webpage
Australian Human Rights Commission Submission to the Joint Select Committee on Australia’s Immigration Detention Network (2011)
The Australian Government should implement reforms it announced in 2008 under which immigration detention is to be used as a last resort and for the shortest practicable period, people are to be detained in the least restrictive environment appropriate to their individual circumstances, and there is a presumption that people will be permitted to reside in the community unless they pose an… -
Commission – General
14 December 2012Speech
President Speech: The protection of rights and its positive impact on well-being (2010)
I would like to begin today by acknowledging the Wurundjeri people of the Kulin nation of peoples and pay my respects to their elders past and present. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
The Sabean Mandaean Association in Australia was founded in 1982. The Association’s financial and non-financial membership is around 2,000 persons. Inter alia, the Association looks after the humanitarian, spiritual, and social needs of Mandaean asylum seekers who have settled or who wish to settle in Australia. -
Asylum Seekers and Refugees
10 April 2013PublicationHuman rights issues raised by the transfer of asylum seekers to third countries
Human rights issues raised by the transfer of asylum seekers to third countries’ sets out the Australian Human Rights Commission’s position in relation to steps taken recently by the Australian Government to transfer asylum seekers who arrive in Australia by boat to third countries for the processing of their claims for protection. -
Commission – General
14 December 2012Speech
President speeches: Development, Security and Human Rights
This paper addresses one of the Forum themes: ‘Security and Human Rights’. Since 11 September 2001 governments around the world have responded to the threat of terrorism with tough measures to protect the lives and security of their communities – to protect their fundamental human rights. New security measures give government authorities unprecedented powers, which can seriously infringe the… -
Disability Rights
29 June 2015Publication
Overlooked Consumers – Australians with Disabilities and Older People
Every day, one in five Australians experiences difficulties or frustrations in performing everyday tasks with everyday things, such as consumer electronics and appliances. As technology develops, an increasing proportion of products are inaccessible to people with a range of different disabilities. These one-in-five Australians are what the author terms the ‘overlooked consumers’. -
Legal
14 December 2012Webpage
Inquiry into Australia’s Human Rights Dialogues with China and Vietnam (2011)
The Australian Human Rights Commission appreciates the opportunity to provide a submission to the Inquiry into Australia’s Human Rights Dialogues with China and Vietnam. The Commission does not propose responding to all of the terms of reference. Because the Commission’s direct involvement in the Dialogue process is quite limited, it is not in a position to provide highly insightful…