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14 December 2012Book page
Social Justice Report 2003: Chapter 3: Indigenous participation in decision making – Transforming the relationship between government and Indigenous peoples
The twin pillars of the government's approach to Indigenous policy in 2003 continued to be practical reconciliation, with its emphasis on service delivery in core areas of disadvantage, and mutual obligation, with its emphasis on reciprocity and individual responsibility. Through both of these policies, the government has identified moving Indigenous people beyond welfare dependency and enabling… -
14 December 2012Book page
7. Refugee Status Determination for Children in Immigration Detention
The United Nations High Commissioner for Refugees (UNHCR) estimates that around half of the 50 million displaced persons in the world are children. Around 10 million of these children are under the care of UNHCR. Approximately 100,000 separated children roam Western Europe.(1) During 1999 alone, more than 20,000 separated children applied for asylum in Western Europe, North America or Australia… -
Legal14 December 2012Webpage
Submission: Anti-Terrorism Bill (No 2) 2005
Recommendation 1: The Bill should be amended to include additional sub-clauses (in s105.4(4) and (6)), which require the issuing authority to be satisfied that the purpose for which the order is made cannot be achieved by a less restrictive means. -
14 December 2012Book page
13. Recreation for Children in Immigration Detention
The opportunities for children to engage in play and recreation have a critical impact on a child's experience of detention. However, the detention environment brings with it inherent difficulties in providing adequate opportunity for play and recreation. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 8: Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the FMC and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) and the Federal Magistrates Act 1999 (Cth).1 -
14 December 2012Book page
Social Justice Report 2006: Chapter 2: The new arrangements for Indigenous affairs – facilitating Indigenous access to government services
It has now been over two years since the federal government introduced new arrangements for the administration of Indigenous affairs. One of the catchcries of the new arrangements is that they are aimed at ‘harnessing the mainstream.’ This is to be achieved by removing or reducing the barriers that prevent Indigenous peoples from accessing existing mainstream services on an equitable… -
14 December 2012Book page
HREOC Social Justice Report 2002: Indigenous women and corrections - A Landscape of Risk
a) Rates of incarceration of Indigenous women b) Recidivism rates among Indigenous women c) Types of crime committed by Indigenous women d) Over-policing e) Sentencing patterns for Indigenous women f) Characteristics of Indigenous women who are imprisoned -
Legal14 December 2012Webpage
SJU: Submission to Inquiry into Aboriginal Customary Law in NT
To access the Executive Summary of the Aboriginal and Torres Strait Islander Social Justice Commissioner's Submission to the Northern Territory Law Reform Committee Inquiry into Aboriginal Customary law in the Northern Territory click here. -
14 December 2012Book page
HREOC Social Justice Report 2002: Self-determination - the freedom to 'live well'
a) Do Indigenous peoples have a right to self-determination? b) What is Indigenous self-determination? c) Summary - Defining Indigenous self-determination -
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: -
14 December 2012Book page
Social Justice Report 2004 : Chapter 2 : Walking with the Women - Addressing the needs of Indigenous women exiting prison
Introduction Pre and post-release programs for Indigenous women exiting prison An overview of Indigenous women in corrections Intersectional discrimination - Addressing the distinct experiences of Indigenous women Post-release programs for Indigenous women exiting prison - common themes from consultations Policy and programs relating to Indigenous women exiting prison Post-release housing… -
14 December 2012Book page
2008 Immigration detention report - Summary of Observations following the Inspection of Mainland Immigration Detention Facilities
This report contains a summary of observations by the Australian Human Rights Commissioner, Graeme Innes AM, and staff of the Australian Human Rights Commission (the Commission) following visits to Australia’s immigration detention facilities, and to people in community detention, between June and September 2008. The contents of the report are based on direct observations made during the… -
14 December 2012Book page
Native Title Report 2001: Chapter Two: Resourcing Equality
The recognition and protection of native title and the participation of Indigenous people in decisions affecting their land are critical priorities within a human rights framework. -
Legal14 December 2012Webpage
ASIO, ASIS and DSD
I regret to say that international human rights experts, including those of the UN system, are unanimous in finding that many measures which States are currently adopting to counter terrorism infringe on human rights and fundamental freedoms. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Department of Justice and Youth Studies at the Royal Melbourne Institute of Technology The Department of Justice and Youth Studies (JYS) is part of the Faculty of Education, Language and Community Services (FELCS) at RMIT University. JYS offers undergraduate courses in Criminal Justice Administration and Youth Affairs, as well as Masters by Research and PhD programs. -
14 December 2012Book page
Social Justice Report 2003: Chapter 2: Reconciliation and government accountability
In the Social Justice Report 1999, my first report as Social Justice Commissioner, I identified four key themes and challenges that existed in the approach of the federal government to Indigenous policy making at the time. These were moving beyond welfare dependency, accountability, participation and reconciliation.[1] Since the release of that report approximately four years ago, the key themes… -
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
HREOC Social Justice Report 2002: International developments in the recognition of the rights of Indigenous peoples
The circumstances of Indigenous peoples were virtually invisible at the United Nations approximately thirty years ago. Very little attention had been devoted to their situation and their claims were by and large unheard in international fora. Since the early 1970s, however, Indigenous peoples have made significant inroads towards the recognition of their rights and acceptance of their legitimate… -
14 December 2012Book page
11. Children with Disabilities in Immigration Detention
One of the underlying goals of international and Australian laws relating to children with disabilities is to provide the highest possible level of support and assistance in the least restrictive way. Laws, policies and programs should be designed to ensure that children with disabilities have the opportunity to participate, to the maximum extent possible, in all aspects of the general community. -
Legal14 December 2012Webpage
Australasian Railways Association application for temporary exemption under the Disability Discrimination Act: Recommendations (Consultation Draft)
These draft recommendations are being circulated for comment before final recommendations are put to the Human Rights and Equal Opportunity Commission. In view of the amount of discussion which has already occurred on this application a period of four weeks for comments is being provided.