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28 October 2013Book page
2 Onshore detention and processing
2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained… -
3 January 2014Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations During Australia’s review, the Government made a commitment to improving Australia’s monitoring of its international human rights obligations. Australia is a party to seven of the core human rights treaties and maintains a number of reservations under these. The Australian Government made a commitment to conduct a comprehensive review of such… -
Legal
14 December 2012WebpageAustralian Human Rights Commission Submission to the Joint Select Committee on Australia’s Immigration Detention Network (2011)
Joint Select Committee on Australia’s Immigration Detention Network Australian Human Rights Commission Submission to the Joint Select Committee on Australia’s Immigration Detention Network August 2011 Download in PDF [2 MB] Download in Word [3.31 MB] Table of Contents 1 Introduction 2 Summary 3 Recommendations PART 1: Immigration detention law, policy and practice 4 Mandatory detention 5… -
15 July 2014Book page
Chapter 1: How far have we come? Looking back on 20 years of the Social Justice Commissioner role
1.1 Introduction This year marks 20 years since the establishment of the Aboriginal and Torres Strait Islander Social Justice Commissioner (Social Justice Commissioner) role under the Australian Human Rights Commission Act 1986 (Cth). When I first started in this position I was asked if any of the previous Commissioners had left any words or notes of advice. I answered them ‘no, but they all… -
Legal
14 December 2012Webpage
International Covenant on Civil and Political Rights – List of issues prior to reporting
International Covenant on Civil and Political Rights – List of issues prior to reporting Australian Human Rights Commission Submission to the UN Human Rights Committee 10 August 2012 Download in PDF [211 KB] Download in Word [416 KB] Table of contents 1 Introduction 2 Legal framework for human rights protection (article 2) 3 Protection against discrimination (articles 2, 3 and 26) 4… -
Commission – General
14 December 2012WebpageTaking stock of Australia’s human rights record – Submission by the Australian Human Rights Commission under the Universal Periodic Review process (2010)
This significant new process involves a review of the human rights record of each member of the UN on a periodic basis (at present, every four years). Australia makes its first appearance in January 2011. -
Legal
10 October 2017Submission
Information concerning Australia’s compliance with the International Covenant on Civil and Political Rights (2017)
This submission provides information concerning the civil and political rights of key population groups in Australia and other thematic issues engaging civil and political rights. In relation to each section, the Commission has referred to the relevant articles of the ICCPR engaged and (where appropriate) the relevant paragraph of the Committee’s list of issues prior to reporting dated 9 November… -
14 December 2012Book page
Chapter 2: Constitutional reform: Creating a nation for all of us - Social Justice Report 2010
A century ago, the Australian people engaged in a debate about creating a nation. They held meetings...They wrote articles and letters in newspapers. Many views were canvassed and voices were heard. The separate colonies, having divided up the land between them, discussed ways of sharing powers in order to achieve a vision of a united Australia. The result was the Australian Constitution,… -
14 December 2012Book page
Social Justice Report 2006
This appendix provides an overview of the main events with regard to the administration of Indigenous affairs to 30 June 2006. It commences with a summary table and is followed by a detailed description of each event. -
Rights and Freedoms
1 May 2013PublicationHuman rights issues raised by the third country processing regime
The Commission recognises the importance of effective border management and recognises that Australia has a right as a sovereign State to exclude non-citizens from its territory. However, Australia also has international obligations in relation to asylum seekers who come here, including those who arrive by boat, which must be observed in its border management practices. This paper provides a…