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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: -
Legal
14 December 2012WebpageCOAG 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
Chapter 3 - Introduction: Social Justice Report 2009
When I commenced writing this chapter in 2008, Australia did not have a national Indigenous languages policy. However in August 2009, for the first time in Australia’s history, the Commonwealth Government launched a strategy for preserving Indigenous languages: Indigenous Languages - A National Approach 2009 (National Approach). The National Approach sets out the Commonwealth Government&… -
Sex Discrimination
14 December 2012PublicationPregnancy Guidelines (2001)
The Pregnancy Guidelines follow the Commission's Report of the National Inquiry into Pregnancy and Work, Pregnant and Productive: It's a right not a privilege to work while pregnant, commissioned by the federal Attorney-General in August 1998. -
14 December 2012Book page
Indigenous young people with cognitive disabilities
This section outlines current knowledge around Indigenous young people with cognitive disabilities and/ or mental health issues. It introduces concepts and best practice models from Australia and internationally. -
14 December 2012Book page
Chapter 4: Beyond the Apology - an agenda for healing: Social Justice Report 2008
On 13 February 2008 Prime Minister Kevin Rudd, on behalf of the Australian Parliament, made a historic and long overdue national Apology to the Stolen Generations. With eloquence and emotion, Prime Minister Rudd said what so many Australians have wanted to say, and what so many Indigenous peoples have needed to hear: -
14 December 2012Book page
Native Title Report 2011: Chapter 4: Options for addressing lateral violence in native title
This Chapter considers options for addressing lateral violence in environments that concern our lands, territories and resources. Although this is the beginning of the conversation, the Chapter aims to give Aboriginal and Torres Strait Islander peoples and communities some ideas about how to address lateral violence through the establishment of strong structural foundations and principles. It… -
Race Discrimination
16 March 2021Publication
Developing a National Anti-Racism Framework (2021)
Australia’s Race Discrimination Commissioner, Chin Tan has announced plans to develop a National Anti-Racism Framework and is calling on the Federal Government to support the framework, fully resource it and implement it. The Commission also aims to work in partnership with all sectors of Australian society because dismantling racism is a joint responsibility and will require a coordinated… -
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. -
Complaint Information Service14 December 2012Publication
ADR as a tool for social change: a discussion (2008)
Human rights and anti-discrimination law in Australia, as in many countries in the Asia Pacific, provides for complaints about discrimination and violations of human rights to be resolved by conciliation. The use of Alternative Dispute Resolution (ADR) in this context has been criticised. In particular, it has been claimed that the individualised form of the complaint process, coupled with the… -
14 December 2012Book page
Achieving Aboriginal and Torres Strait Islander health equality within a generation - A human rights based approach
Improving the health status of Aboriginal and Torres Strait Islander peoples is a longstanding challenge for governments in Australia. While there have been improvements made in some areas since the 1970s (notably in reducing high rates of infant mortality1) overall progress has been slow and inconsistent. The inequality gap between Aboriginal and Torres Strait Islander peoples and other… -
14 December 2012Book page
Social Justice Report 2005 : Chapter 2 : Achieving Aboriginal and Torres Strait Islander health equality within a generation - A human rights based approach
Improving the health status of Aboriginal and Torres Strait Islander peoples is a longstanding challenge for governments in Australia. While there have been improvements made in some areas since the 1970s (notably in reducing high rates of infant mortality1) overall progress has been slow and inconsistent. The inequality gap between Aboriginal and Torres Strait Islander peoples and other… -
14 December 2012Book page
Report No. 42: Mr KL v State of NSW - Report into discrimination in employment
Pursuant to s 31(b)(ii) of the Australian Human Rights Commission Act 1986 (Cth), I attach my report of an inquiry into the complaint made by Mr KL of discrimination in employment on the basis of criminal record by the NSW Department of Education. -
Rights and Freedoms
3 March 2023SpeechHuman Rights in the time of Covid
Responding to the COVID-19 pandemic as a public health emergency tested national readiness in a federal system to contain the spread of the disease effectively and required very quick action by governments. -
Disability Rights
30 October 2020SubmissionSubmission in response to the National Disability Strategy: Position Paper (2020)
1. Introduction The Australian Human Rights Commission (the Commission) welcomes the opportunity to provide the Department of Social Services (DSS) with this submission in response to the National Disability Strategy: Position Paper [i] (the Position Paper) regarding the development of a new National Disability Strategy (the New Strategy). The Commission is Australia’s national human rights … -
Disability Rights
3 August 2016Publication
Access for all: Improving accessibility for consumers with disability
Introduction This resource provides practical tips for businesses on improving access to goods, services, facilities, premises and information for consumers with disability. Following these tips will not only reduce the likelihood of discrimination complaints against your business, but will also increase your access to the market, and benefit the community, through greater economic… -
14 December 2012Book page
Report No. 41: El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The complaints by Mr El Masri Part D: The Commission’s human rights inquiry and complaints function Part E: Mr El Masri’s detention from 14 November 2002 to 14 October 2005 Part F: The detention of Mr El Masri on 28 November 2006 Part G: The detention of Mr El Masri in MSU Part H: Use… -
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… -
Legal
14 December 2012Speech
Human Rights and Climate Change: A Tragedy in the Making - Hon John von Doussa QC
I am very pleased to be here talking about Human Rights and Climate Change in the first of HREOC’s seminar series celebrating the 60th Anniversary of the Universal Declaration of Human Rights (the ‘Declaration’).1 -
Children's Rights
23 November 2017PublicationAustralian Children’s Commissioners and Guardians Communiqué 15-16 November 2017
The ACCG aims to promote and protect the safety, wellbeing and rights of children and young people in Australia. The ACCG strives to ensure that the best interests of children and young people are considered in public policy and program development across Australia.