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Commission – General
3 July 2018Opinion pieceCriminal record discrimination
This article by Commission President Emeritus Professor Rosalind Croucher was published in the Australian July 4, 2018 I recently provided a report to the Attorney-General about a man who claimed that he had been refused a job because of his criminal record. The criminal record was very serious. Ten years ago, he had been convicted of accessing and possessing child pornography. The law and… -
Complaint Information Service14 December 2012Webpage
Complaints under the Sex Discrimination Act
The Sex Discrimination Act 1984 (Cth) (the SDA) makes it against the law to treat you unfairly because of your: sex; gender identity; intersex status; sexual orientation; marital or relationship status (including same-sex de facto couples); family responsibilities; because you are pregnant or might become pregnant; because you are breastfeeding. -
14 December 2012Book page
Improved rights protection for people with disability (2009)
The Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth) has made a range of significant changes to federal discrimination laws. The focus of this paper is on the major changes to the Disability Discrimination Act 1992 (DDA), which commenced for the most part on 5 August 2009. -
14 December 2012Book page
Background paper: Immigration detention and visa cancellation under section 501 of the Migration Act (2010)
Under section 501 of the Migration Act 1958 (Cth) (Migration Act), a non-citizen’s visa may be cancelled if they do not satisfy the Minister for Immigration and Citizenship (the Minister) or the Minister’s delegate that they pass the ‘character test’. -
14 December 2012Book page
Mental Health Legal Centre Inc: Comments on HREOC Discussion Paper on Living Wills
The message coming through loudly and clearly from consumers is that the introduction of Living Wills which have some legal force would mean an improvement in the recognition of their rights. -
Education5 April 2016Webpage
Bullying and Harassment
Bullying and harassment can be stopped in most situations. Learn what you can do to stop it. Don't stand by, it could be you. -
14 December 2012Book page
Re: Living Wills Discussion Paper: NSWGT
The Guardianship Tribunal has authority under the Guardianship Act 1987 (NSW) to appoint substitute decision-makers for adults with disabilities who are unable to make their own decisions. The Tribunal also has functions as a substitute decision-maker for medical and dental treatment proposed for adults unable to give a valid consent to their own treatment. -
Legal
14 December 2012WebpageCriminal Code Amendment (Trafficking in Persons Offences) Bill 2004
At the hearing held 23 February 2005, the Commission took a number of questions on notice from Senator Ludwig. I am advised that the answers to the Honourable Senator's questions are as set out below. -
14 December 2012Book page
Human Rights: COMPARATIVE TABLE OF LEGISLATION ON SPENT CONVICTIONS
For adult offenders and juvenile offenders convicted in the Juvenile Court, automatic - upon expiration of waiting period (subject to no further conviction). -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - Clarke v Oceania Judo
1. These submissions have been prepared for the assistance of the Court in the event that the Commissioner is given leave to appear as amicus curiae on 22 February 2007 and given an opportunity to make submissions on the issue of jurisdiction. These submissions address the contentions of the respondent asserting lack of jurisdiction in this Court to entertain these proceedings only in so far as… -
Employers19 February 2015Quick Guide
Sexual Orientation, Gender and Intersex Discrimination
The Sex Discrimination Act makes it unlawful to discriminate against someone because of their sexual orientation, gender identity or intersex status. Sexual orientation discrimination happens when a person is treated less favourably than another person in a similar situation because he or she has a sexual orientation towards persons of the same sex; persons of a different sex; or persons of… -
14 December 2012Book page
Initial Draft: Disability Standards for Employment
Comments in response to these draft Standards should be sent by 29 November 1996 to: Disability Discrimination Commissioner GPO Box 5218 SYDNEY NSW 2001 or e-mail comments to: disability@humanrights.gov.au -
Legal
6 February 2014Submission
Judicial review of lawfulness of detention (2013)
The Australian Human Rights Commission provides this response to the questionnaire from the Working Group on Arbitrary Detention in relation to judicial review of the lawfulness of detention. -
14 December 2012Book page
RESPONSE TO THE DISCUSSION PAPER: LIVING WILLS: OPASA
In South Australia, the general terms 'advance directive', or 'living will', usually refer to any written statement that expresses a person's wishes and/or directions whilst of sound mind (ie not mentally incapacitated*), in advance of any possible loss of decision making ability that may occur in the future. Of the advance directives made by South Australians, only the following are legally… -
Disability Rights
14 December 2012WebpageD.D.A. guide: Getting an education
This includes all public and private educational institutions, primary and secondary schools, and tertiary institutions such as TAFE, private colleges and universities. -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 2: The Age Discrimination Act
The ADA commenced operation on 22 June 2004. At the date of publication there has been no decided case of unlawful age discrimination under the ADA. This chapter sets out the background to the legislation and its significant features as well as highlighting some similarities and differences with other federal unlawful discrimination laws that may be relevant to its interpretation and application.1 -
Legal
14 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. -
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. -
Legal
14 December 2012Webpage
COAG Review of Counter-Terrorism Legislation
Division 104 of Part 5.3 of the Criminal Code Act 1995 (Cth) provides for the making of control orders. A control order is an order issued by a court (either the Federal Court, Family Court or Federal Magistrates Court), at the request of a member of the Australian Federal Police (AFP), to allow obligations, prohibitions and restrictions to be imposed on a person, for the purpose of protecting… -
14 December 2012Book page
NSW ASSOCIATION FOR MENTAL HEALTH INC Submission: Living Wills
Our response to the Key Issues for Comment contained in your Discussion Paper follows. You will note that throughout this document we have referred to "Advance Directives" as we feel strongly that this is a preferable term, for the reasons stated below.