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Legal14 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. -
Legal14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ( Commission') was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, His Honour Justice Carr directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to… -
14 December 2012Book page
9. Mental Health of Children in Immigration Detention
This chapter addresses the impact of the detention environment on the mental health of children and the measures taken to address their mental health needs. Consistent with the breadth of protection given to the welfare of children under the Convention on the Rights of the Child (CRC), the Inquiry uses the term mental health to describe the psychological well-being of children as well as… -
Legal14 December 2012Webpage
The protection of genetic information of Indigenous peoples
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner of the Human Rights and Equal Opportunity Commission. It considers the human rights implications of the use of the genetic information of Aborigines and Torres Strait Islanders (herein, Indigenous peoples) and the adequacy of current levels of protection. -
Rights and Freedoms19 August 2016Speech
Tony Blackshield Lecture
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years. I have two… -
Legal14 December 2012Webpage
Citizenship Bill 2005
1. The Human Rights and Equal Opportunity Commission ('the Commission') has been invited by the Senate Legal and Constitutional Legislation Committee ('the Committee') to make submissions on the Australian Citizenship Bill ('the Bill'), which is intended to replace the Australian Citizenship Act 1948 (Cth) (the 'Citizenship Act') -
Disability Rights14 December 2012Webpage
World Wide Web Access: Disability Discrimination Act Advisory Notes
Work continues on the development of comprehensive recommendations for the implementation of the Web Content Accessibility Guidelines 2.0 (WCAG 2.0). Over the past three months we have been considering all the issues, some of them quite complex, relating to an orderly transition to WCAG 2.0, and receiving a range of views from government, industry, and the web development community (including web… -
Legal6 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. -
Legal14 December 2012Webpage
Expert seminar on Indigenous Peoples - Issue 3: Recognising Aboriginal customary law and developments in community justice mechanisms (2003)
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission (HREOC) of Australia. It provides an overview of recent developments relating to: -
Rights and Freedoms31 October 2013Speech
Freedom of Speech and giving offence: can a balance be struck?
Annual Kirby Lecture on International law: ANZSIL 2013 Thursday 4 July 20136:30 pm Finkel Theatre, John Curtin School of Medical Research,Garran Rd, Australian National University (Check against delivery) Freedom of Speech and giving offence: can a balance be struck? I was especially pleased to be invited to give this address as, throughout my career, I have been enriched by Michael Kirby’s … -
Legal14 December 2012Webpage
Bill to remove Commissioner
I write to alert you to a Federal Government proposal to abolish the post of Aboriginal and Torres Strait Islander Social Justice Commissioner (together with the posts of Race Discrimination Commissioner, Sex Discrimination Commissioner, Disability Discrimination Commissioner and Human Rights Commissioner). Those interested in this matter may wish to make a submission to the Senate Legal and… -
Legal14 December 2012Webpage
south australian transport exemption
As required by section 57 of the Disability Discrimination Act 1992, the Human Rights and Equal Opportunity Commission hereby gives notice of a decision made on 18 March 1997 with respect to the following matter: -
Legal14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ("the Commission") was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, Carr J. directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to… -
4 February 2015Book page
4 An overview of the children in detention
4.1 Nationalities of the children in detention 4.2 Reasons for seeking asylum 4.3 Age of children in detention 4.4 Unaccompanied children 4.5 When did the children arrive in Australia? 4.6 How long are children kept in detention? 4.7 Movement of children across the detention network 4.8 Mental health and wellbeing of children in detention 4.9 Detention is a dangerous place 4.10 Rates of self… -
Legal14 December 2012Webpage
Madrid - Expert Seminar on Indigenous Peoples - Specific issues relating to the administration of justice – Indigenous women; public order laws; mandatory sentencing schemes; and best practice for diversion of Indigenous juveniles.
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission (HREOC) of Australia. It addresses the following issues: -
Legal14 December 2012Webpage
Inquiry into the administration and operation of the Migration Act 1958
Thank you for inviting the Commission to make a submission to the Senate Legal and Constitutional References Committee's Inquiry into the administration and operation of the Migration Act 1958 (Cth) ('Migration Act'). -
Legal14 December 2012Webpage
Commission Submission - Ferneley v Boxing Authority NSW
(1) Nothing in Division 1 or 2 renders it unlawful to exclude persons of one sex from participation in any competitive sporting activity in which the strength, stamina or physique of competitors is relevant. -
Asylum Seekers and Refugees10 July 2013Webpage
Speeches, events and media about immigration detention, asylum seekers and refugees
Discover a history of speeches, events and media about immigration detention, asylum seekers and refugees at the Human Rights Commission. -
Rights and Freedoms14 July 2015Speech
What are the proper limits on the power of Parliament?
Distinguished guests, friends and colleagues - thank you for your welcome to this Law Institute of Victoria seminar. I acknowledge the traditional owners of the land and pay my respects to their elders past and present. I will always have a soft spot for the Law Institute of Victoria. I was admitted to practice in 1969 after completing my articles with Williams Winter and Higgs, and… -
Rights and Freedoms14 July 2015Speech
What are the proper limits on the power of Parliament?
Distinguished guests, friends and colleagues - thank you for your welcome to this Law Institute of Victoria seminar. I acknowledge the traditional owners of the land and pay my respects to their elders past and present. I will always have a soft spot for the Law Institute of Victoria. I was admitted to practice in 1969 after completing my articles with Williams Winter and Higgs, and…
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