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14 December 2012WebpageSummary 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… -
Legal
14 December 2012Webpage
Commission submission - Child's Right to be Heard
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's views should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child. -
Legal
14 December 2012Webpage
Commission submissions: Alex
1.1 On 15 January 2004, the Family Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in these proceedings, pursuant to s 92 of the Family Law Act 1975 (Cth) ("Family Law Act"). -
Legal
14 December 2012Webpage
Re: Bernadette (2008)
1.1 On 7 March 2006, the Family Court of Australia granted leave to the Human Rights and Equal Opportunity Commission (HREOC) to intervene in these proceedings pursuant to s 92 of the Family Law Act 1975 (Cth) (‘Family Law Act’). -
Legal
14 December 2012Webpage
Commission submission - Z.P
The Commission supports the submissions of the appellant in Matter No.12 of 1994 and of the applicant in Matter No.13 of 1994. Its additional submissions are limited to (1) the relevance of the welfare jurisdiction of the Family Court, and (2) a review of relevant comparative international law (written submissions). -
14 December 2012Book page
HREOC Report No. 26
Pursuant to s 31(b)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach, on behalf of the Commission, a report of an inquiry conducted by my predecessor, Professor Alice Tay. The inquiry dealt with a complaint of discrimination in employment by Mr Kenneth Douglas against the Commonwealth of Australia (Australian Defence Force). -
14 December 2012Book page
HREOC Report No. 24
This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission [1] (the Commission) following an inquiry conducted by the Commission. The inquiry related to a complaint by Amnesty International Australia (Amnesty) on behalf of Mr PH1, Mr PH2, Mr PH3, Mr PH4 and Mr PH5 (the asylum seekers) against the Commonwealth of Australia (the Commonwealth)… -
Legal
14 December 2012Webpage
ZP v PS Submission - COMPARATIVE INTERNATIONAL LAW
The English superior courts have taken the view that their inherent parens patriae powers, which include making the child a ward of the court, are invoked where the child has British nationality or is ordinarily resident in the jurisdiction: Nugent -v- Vetzera [1866] L.R. 704, at p.714; McKee -v- McKee [1951] AC 352, at p.360; In re P (An Infant) [1965] 1 Ch 568, at pp. 584, 587, 588 and 590. -
Legal
14 December 2012Webpage
Commission submissions: B
a) the Family Law Reform Act 1995 (Cth) ("the Reform Act") does not change the basic and long-standing principle that in all matters affecting children it is the 'best interests of the child' that remains the paramount consideration; -
Legal
14 December 2012Webpage
Commission submissions: P v P
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's view should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child. -
Legal
14 December 2012Webpage
Commission submissions: P v P
2. The exercise of the jurisdiction of the Family Court is directly linked to the child's capacity to consent and therefore the capacity to consent must be the first issue to be decided. -
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. -
Legal
14 December 2012Webpage
Inquest into the death of Mr Ward (2009)
the provisions of an international convention to which Australia is a party can also serve as an indication of the value placed by Australia on the rights provided for in the convention and, therefore, as indicative of contemporary values.[7] -
Legal
14 December 2012Webpage
Commission submissions: Mulrunji
The Human Rights and Equal Opportunity Commission (‘the Commission’) seeks leave to appear in this inquest pursuant to s 36(1)(c) of the Coroners Act 2003 (Qld) (‘the Coroners Act’). -
Legal
14 December 2012Webpage
Commission submissions: Mulrunji
These submissions concern the powers of a coroner under the Coroners Act 2003 (Qld) ('Coroners Act') to make comments on what might be described as 'systemic' issues arising out of an inquest. -
Legal
14 December 2012Webpage
Commission submissions: Mulrunji
The Human Rights and Equal Opportunity Commission ('the Commission') makes these submissions in relation to the comments that may be made by the Coroner in this matter. -
Legal
14 December 2012Webpage
INQUEST INTO THE DEATH OF SCOTT SIMPSON
1.2 These written submissions are made by the Human Rights and Equal Opportunity Commission (‘the Commission’) pursuant to its functions relating to human rights under section 11(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’).[1] In these submissions, the Commission sets out the human rights issues surrounding the incarceration and… -
Legal
14 December 2012Webpage
Minister for Immigration v Ah Hin Teoh
1. On 20 November 1989 the Convention on the Rights of the Child ("the Convention") (ATS 1991 No 4) was adopted by the General Assembly of the United Nations and opened for signature, ratification and accession (see Cth Gaz No GN I, 13 January 1993, p 85). On 22 August 1990 the Convention was signed for Australia (see ATS 1991 No 4, P 35, n 1). On 2 September 1990, pursuant to Article… -
Legal
14 December 2012Webpage
Intervention: Commonwealth Director of Public Prosecutions v Wei Tang (2008)
1 On 17 April 2008 the Human Rights and Equal Opportunity Commission (“HREOC”) filed a summons seeking leave to intervene in these proceedings. The summons was supported by an affidavit of the Human Rights Commissioner, Graeme Gordon Innes, affirmed on 16 April 2008. -
14 December 2012Book page
Report of an inquiry: Mr Zacharias Manongga
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint by Mr Zacharias Manongga Consul for the Northern Territory, consul of the Republic of Indonesia that the human rights of Indonesian Fishers detained on vessels in Darwin Harbour were breached by the Commonwealth of Australia.