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Legal
14 December 2012WebpageFederal Discrimination Law: Chapter 3 - The Race Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination. -
Legal
14 December 2012Webpage
Decision to decline to grant a temporary exemption sought by MOSEDG trading as Youth Connect
By this instrument, the Human Rights and Equal Opportunity Commission (HREOC) declines to grant to MOSEDG Inc. trading as Youth Connect (Youth Connect) a temporary exemption pursuant to s 44(1) of the Age Discrimination Act 2004 (Cth) (ADA). -
Legal
14 December 2012Webpage
Submission - Client Legal Privilege and Federal Investigatory Bodies (2007)
[2] Relevantly, s 24 (3) provides that: ‘Notwithstanding the provisions of any law, a person is not excused: (a) from giving any information, or producing a document, when required to do so pursuant to this Act; or (b) from answering a question that the person is required to answer by a member before whom the person is attending in compliance with a notice served on the person under… -
Legal
14 December 2012Webpage
HREOC submission to Inquiry into Immigration Detention in Australia
Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act. -
Legal
14 December 2012Webpage
Protection of the rights of the child in the context of migration (2010)
The Australian Human Rights Commission (the Commission) is Australia’s national human rights institution, established by the Australian Human Rights Commission Act 1986 (Cth). -
Legal
14 December 2012Webpage
Decision to decline to grant a temporary exemption sought by the University of Western Sydney
By this instrument, the Human Rights and Equal Opportunity Commission (‘HREOC’) declines to grant to University of Western Sydney (‘UWS’) a temporary exemption pursuant to s 44(1) of the Age Discrimination Act 2004 (Cth) (‘ADA’). -
Legal
14 December 2012Webpage
Inquiry into the Migration Amendment (Removal of Mandatory Minimum Penalties) Bill 2012
The Commission supports the repeal from the Migration Act 1958 (Cth) (Migration Act) of the mandatory minimum penalties currently applicable to the aggravated offence of people smuggling. -
Legal
14 December 2012Webpage
Australia’s compliance with the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
A. Introduction B. The ratification of OPCAT. C. A new torture offence D. Treatment in Immigration Detention E. A system of complementary protection F. Mechanisms to check diplomatic assurances are honoured G. Engagement with the UN Treaty Body process -
Employers18 February 2015Quick Guide
Disability Discrimination
Explore the Australian Human Rights Commission’s guide to disability discrimination laws, covering protections, reasonable adjustments, and positive discrimination. -
Legal
6 May 2014Submission
Inquiry into the Migration Amendment (Regaining Control Over Australia’s Protection Obligations) Bill 2013
1 Introduction The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Legislation Committee in its Inquiry into the Migration Amendment (Regaining Control Over Australia’s Protection Obligations) Bill 2013. The Commission is established by the Australian Human Rights Commission Act 1986 (Cth) and is Australia’s national human rights… -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 5
Protecting the best interests of a child is one of the most important principles of international law and the Convention on the Rights of the Child (CRC) in particular. This chapter focuses on whether federal law currently protects the best interests of a child being raised by lesbian or gay parents. -
14 December 2012Book page
2 Biomedical markers and the assessment of chronological age
Since 2001, the primary method of assessing whether an individual is under the age of 18 years in the context of criminal proceedings in Australia has been through the analysis of an x-ray of the young person’s wrist. As this Inquiry is considering the treatment of young Indonesian males suspected of people smuggling who say that they are children, it is important to consider the… -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 15
Many same-sex couples who appeared at the Inquiry’s community forums talked about the problems they face in getting visas. They highlighted the limited options available to a same-sex couple wanting to migrate to Australia as a couple. They talked about the additional expense and disruption to their lives in proving their entitlement to a visa. And they talked about the indignity of being… -
14 December 2012Book page
1 Introduction and background
Between 1 September 2008 and 22 November 2011, 180 young Indonesians who said that they were children arrived in Australia, having worked as crew on boats bringing asylum seekers to Australia. These young people were often fishermen from impoverished communities in the south and east of Indonesia. Many of them have spent long periods of time in immigration detention without being charged, or… -
14 December 2012Book page
Immigration detention and human rights
back to immigration detention, asylum seekers and refugees The human rights of people who are in immigration detention are of particular concern to the Commission. Liberty is a fundamental human right, recognised in major human rights instruments to which Australia is a party, including the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child… -
Employers18 February 2015Quick Guide
Discrimination
Employers have a legal responsibility to take all reasonable steps to prevent discrimination. Find out more in this quick guide. -
14 December 2012Book page
20 Years on: The Challenges Continue - Chapter 3
This Chapter compares the results of HREOC's review of sexual harassment in employment complaints reported in A Bad Business with the findings of the telephone survey on the incidence and nature of sexual harassment in the workplace in relation to: -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. INTRODUCTION 2. HUMAN RIGHTS IMPLICATIONS FOR MINORS OF AUSTRALIA'S MANDATORY DETENTION 3. ADDITIONAL ISSUES FOR UNACCOMPANIED MINORS IN DETENTION 4. ALTERNATIVES TO DETENTION 5. CONCLUSION -
14 December 2012Book page
Preventing Crime and Promoting Rights for Indigenous Young People with Cognitive Disabilities and Mental Health Issues Part 3
The literature review pulls together some of the main concepts and findings about Indigenous young people with cognitive disabilities and/ or mental health issues from involvement with the juvenile justice system. However, we are also interested in finding out what is actually happening on the ground for these young people. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - FAQ's
If you have any queries about the National Inquiry into Children in Immigration Detention, please contact the Commission by emailing paffairs@humanrights.gov.au.