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Legal
14 December 2012WebpageDIMIA: temporary exemption
By this instrument the Human Rights and Equal Opportunity Commission grants to the Department of Immigration and Multicultural and Indigenous Affairs (“DIMIA”) its contractors and agents, a temporary exemption ("the exemption") pursuant to section 44(2) of the Sex Discrimination Act 1984 (Cth) ("the Act"), from the operation of sections 22, 23 and 26 of the Act. -
14 December 2012Book page
AusHRC 51: Brown v Commonwealth of Australia (Department of Immigration & Citizenship)
I attach my report of an inquiry into the complaint made pursuant to s 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Ms Maria Brown. -
Legal
14 December 2012Webpage
ANNETCO INC
The applicant, Annetco Inc (formerly WiN Support Services), is a “government funded not for profit organisation which provides services to people with a disability, the aged and their families/carers. Through the delivery of culturally appropriate specialist support services [the applicant] aims to empower people to live independently in the community and is able to offer support on an… -
Legal
14 December 2012Webpage
Inquest into the deaths of David Gurralpa and Robert Plasto-Lehner (2009)
Part 2.2: The obligations imposed by the right to life (article 6 of the ICCPR), including that by arresting and detaining individuals police take responsibility to care for their life. -
29 January 2015Book page
1 Introduction
1.1 A snapshot of children in detention 1.2 Australian law and the detention of children 1.3 Does the Government owe a duty of care to children in detention? 1.4 International law and the detention of children My hope finished now. I don’t have any hope. I feel I will die in detention. (Unaccompanied 17 year old, Phosphate Hill Detention Centre, Christmas Island, 4 March 2014) Drawing by… -
Commission – General
14 December 2012SpeechIssues Affecting Behaviour in the Workplace
I would like to begin by thanking the Australian Public Service Commission (APSC) for inviting me to address you today, and thank Margaret Boylan (Regional Director, APS Commission, SA/NT) for her warm welcome. -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 6 - Practice and Procedure
The procedure for making complaints of federal unlawful discrimination is set out in Part IIB of the HREOC Act.[1] That procedure can be summarised as follows. -
14 December 2012Book page
Community arrangements for asylum seekers, refugees and stateless persons - Recommendations
Recommendation 2: The need to detain should be assessed on a case-by-case basis taking into consideration individual circumstances. That assessment should be conducted when a person is taken into immigration detention or as soon as possible thereafter. A person should only be held in a closed immigration detention facility if they are individually assessed as posing an unacceptable risk to the… -
14 December 2012Book page
When the Tide Comes In: Towards Accessible Telecommunications for People with Disabilities in Australia
3.1 Introduction 3.2 Disability Discrimination Act 1992 3.2.1 Introduction 3.2.2 DDA Definitions 3.2.3 DDA Complaints 3.2.4 Intervention in Court Proceedings 3.2.5 DDA Disability Standards 3.2.6 Granting by HREOC of Temporary Exemptions 3.2.7 Action Plans 3.2.8 Conduct of Inquiries by HREOC 3.2.9 Advisory Notes and Guidelines 3.3 Telecommunications Act 1997 3.4 Telecommunications (Consumer… -
14 December 2012Book page
20 Years on: The Challenges Continue - Appendix A
A telephone survey questionnaire of eight to ten minutes duration was designed by HREOC in collaboration with the Gallup Organization. A copy is attached at Appendix B. -
4 February 2015Book page
5 What does the law say about detaining children?
5.1 Mandatory detention and lawfulness 5.2 Arbitrariness 5.3 Review of detention 5.4 Shortest appropriate period of time 5.5 Decision-making in relation to children 5.6 Minimum conditions of detention 5.7 Duty of care 5.8 Findings in relation to detention law, policy and practice Both domestic and international human rights law are clear when it comes to the detention of children. The… -
14 December 2012Book page
National Inquiry on Employment and Disability Interim Report: chapter 6
Discussion about people with disability in the open workplace tends to focus on whether a person can find a job, rather than keep a job. While successfully obtaining a job is clearly the first step for a person seeking employment in the open workplace, it is only the first step. -
14 December 2012Book page
4 The use of wrist x-ray analysis
This chapter considers some of the Commonwealth’s practices regarding the use of wrist x-ray analysis as a means of assessing chronological age for the purposes of criminal prosecution. It highlights situations where the reliance on wrist x-rays as evidence of age was contrary to stated Australian Government policy; or where it contributed to individuals who were in fact children, or who… -
Disability Rights
14 December 2012SpeechCopyright v Human Rights: Balancing the rights of authors and the interests of people with print disabilities
I want to tell you two stories about Greg. They cover different phases of his life, but illustrate the problems that face us as people with print disabilities. -
Legal
14 December 2012Webpage
Commission submissions: Hurst
View a report into the Commission seeking leave to intervene in the case of Tiahana Hurst v State of QLD in relation to the Disability Discrimination Act. -
Legal
14 December 2012Webpage
Temporary exemptions under the Disability Discrimination Act 1992 (Cth)
Section 55 of the Disability Discrimination Act 1992 (Cth) (the Disability Discrimination Act) gives the Australian Human Rights Commission (the Commission) the power to grant temporary exemptions from certain provisions of the Disability Discrimination Act. Section 55 of the Disability Discrimination Act provides as follows. -
14 December 2012Book page
Indigenous Deaths in Custody
Paul Blackmore’s photographs illustrate this report. They depict an inspired local initiative. Five years ago the Royal Commission into Aboriginal Deaths in Custody drew attention to the appalling conditions in police lock-ups in rural Australia. The cells in Murgon, three hours north-west of Brisbane, were typical - dirty, disgusting, depressing. Detective Sergeant Ryan and Senior Sergeant… -
Employers19 February 2015Quick Guide
Transgender
People who are transgender are protected from discrimination by law. The Sex Discrimination Act makes it unlawful to treat a person less favourably than another person in a similar situation because of the gender-related identity, appearance, mannerisms or other gender-related characteristics of the person. Example: A shop assistant refused to serve a person who identifies and presents as a… -
Legal
14 December 2012Webpage
Submission on Inquiry into the Prohibition on the publication of names of children involved in criminal proceedings (2007)
“8.1 The juvenile’s right to privacy shall be respected at all stages in order to avoid harm being caused to her or him by undue publicity or by the process of labelling. 8.2 In principle, no information that may lead to the identification of a juvenile offender shall be published.” -
Legal
14 December 2012Webpage
NOTICE OF DECISION ON APPLICATION FOR TEMPORARY EXEMPTION: AUSTRALASIAN RAILWAYS ASSOCIATION: ASSISTANCE ANIMALS
By this instrument, the Human Rights and Equal Opportunity Commission (‘HREOC') gives notice of a decision to grant an application by the Australasian Railways Association (‘the ARA') for a temporary exemption pursuant to sections 55(1) and 55(1A) of the Disability Discrimination Act 1992 (Cth) (‘DDA') in relation to assistance animals.