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Legal
14 December 2012WebpageFederal Discrimination Law 2005: Chapter 3: The Racial Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the subsequent 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 ('ICERD').1 -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
DR OZDOWSKI: I would like to formally open the second day of hearings in Adelaide. This is one of the hearings conducted around Australia for the National Inquiry into Children in Detention. My name is Sev Ozdowski, I'm the Human Rights Commissioner. With me is Mrs Robin Sullivan to my left, who is Queensland Children's Commissioner, and Dr Trang Thomas, on my right, is Professor of Psychology at… -
14 December 2012Book page
Protection from discrimination on the basis of sexual orientation
The consultation was directly concerned with how protection from discrimination on the basis of sexual orientation might be included in federal law. Section 6 above outlines what the consultation heard about the benefits of these protections. This part outlines: -
Legal
14 December 2012Webpage
Decision on exemption application:Captioning of subscription television (ASTRA) (2010)
By this instrument, the Australian Human Rights Commission (the Commission) has refused the application of the members of the Australian Subscription Television and Radio Association (ASTRA) for a temporary exemption pursuant to s 55(1) of the Disability Discrimination Act 1992 (Cth) (DDA). -
Legal
14 December 2012Webpage
Summary of Interventions by the Australian Human Rights Commission
Summary of Interventions by the Australian Human Rights Commission Updated 11 December 2009 Download PDF (100 kb) Word (181 kb) YEAR NO. OF CASES NAME OF CASE SUBJECT MATTER OF CASE COURT 1988 1. Re A Teenager (1988) 94 FLR 181 Family Law – Sterilisation of a young woman with a disability Family Court 2. Re Jane Family Law – Sterilisation of person with disability – whether parents require… -
14 December 2012Book page
Annual Report 2001-2002: Chapter 2
The 2000-01 reporting year was a year of consolidation for the Commission’s Complaint Handling Section (CHS) following the legislative changes to the complaint handling function in April 2000. -
14 December 2012Book page
HREOC Report No. 20
10.1 Whether there was an act or practice in terms of the HREOC Act 10.2 Whether there was a distinction, exclusion, or preference on the basis of criminal record 10.3 Whether the distinction, exclusion or preference nullified or impaired equality of opportunity or treatment in employment or occupation 10.4 Whether the distinction, exclusion or preference was based on the inherent requirements of… -
14 December 2012Book page
Social Justice Report 2005 : Recommendations and follow up actions
In accordance with the functions set out in section 46C(1) (a) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), this report includes 5 recommendations - 3 in relation to Achieving health equality for Aboriginal and Torres Strait Islander people s and 2 in relation to the new arrangement in Indigenous affairs. The report also contains 5 follow up actions that my office will… -
14 December 2012Book page
Native Title Report 2002: Recognition of native title
Native title is an intersection of two different legal systems and cultures. The way in which Australia chooses to give recognition to the relationship that Indigenous people have with their land, and the range of options it considers to express that relationship, are matters that affect the human rights of Indigenous people. -
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 -
Legal
14 December 2012Webpage
REJECTION OF APPLICATION FOR EXEMPTION: Lourdes Hill College
By this instrument, the Human Rights and Equal Opportunity Commission (‘the Commission’) declines to grant to the Lourdes Hill College (‘the College’) a temporary exemption pursuant to s 44(1) of the Sex Discrimination Act (Cth) 1984 (‘the SDA’). -
14 December 2012Book page
HREOC - Annual Report 2001 - 2002: Chapter 7: Race Discrimination
Dr William Jonas commenced duty as acting Race Discrimination Commissioner in September 1999 in addition to his duties as Aboriginal and Torres Strait Islander Social Justice Commissioner. -
Rights and Freedoms
1 May 2013WebpagePermissible limitations on freedom to manifest religion or belief
Under article 18 of the ICCPR, any actions which fall within the four types of manifestation of belief (worship, observance, teaching and practice) can, in certain circumstances, be subject to limitation by the State. The freedom to manifest religion in sub-paragraph 18(1) is qualified by the limitations set out in sub-paragraph 18(3), including those which are ‘necessary to protect…the -
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
Social Justice Report 2003: Chapter 2: Reconciliation and government accountability
In the Social Justice Report 1999, my first report as Social Justice Commissioner, I identified four key themes and challenges that existed in the approach of the federal government to Indigenous policy making at the time. These were moving beyond welfare dependency, accountability, participation and reconciliation.[1] Since the release of that report approximately four years ago, the key themes… -
14 December 2012Book page
HREOC Annual Report 2003-2004 : Chapter 2: Human rights education and promotion
A central function of the Human Rights and Equal Opportunity Commission is to undertake education programs that increase public awareness and generate discussion of human rights and anti-discrimination issues within Australia. -
Employers18 February 2015Quick Guide
Laws
The following federal anti-discrimination laws protect people from discrimination and harassment: Australian Human Rights Commission Act 1986 (Cth) Age Discrimination Act 2004 (Cth) Disability Discrimination Act 1992 (Cth) Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) Fair Work Act 2009 (Cth) Federal discrimination laws prohibit discrimination in different areas of… -
14 December 2012Book page
Intersections between the Law, Religion and Human Rights Project
Schofield King Lawyers was contracted by the Australian Human Rights Commission (the Commision) to investigate intersections between the law, religion and human rights focusing on: -
14 December 2012Book page
Isma (2003) FACT SHEET: Muslim & Arab Australians in South Australia
The Australian Bureau of Statistics (ABS) defines the Middle East as: Bahrain, Gaza Strip and West Bank (Palestine), Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Syria, Turkey, United Arab Emirates, Yemen. North Africa is defined as: Algeria, Egypt, Libya, Morocco, Sudan, Tunisia and the Western Sahara. ‘Arab’ includes: Algerian, Egyptian, Iraqi, Jordanian,… -
Legal
14 December 2012Webpage
Summary of the submissions by the Commission
On 8 February 2002, the Full Court of the Family Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in the appeal by the Attorney-General against the judgment of Justice Chisholm on 12 October 2001. In that judgment, his Honour declared valid the marriage between Kevin (a post-operative female to male transsexual person) and Jennifer…