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14 December 2012Book page
Bringing them Home - Chapter 26
An entrenched pattern of disadvantage and dispossession continues to wreak havoc and destruction in Indigenous families and communities. This situation has been described in the preceding chapters of this Part. State and Territory legislation, policy and practice in the areas of child welfare, care and protection, adoption and juvenile justice do not comply with the evaluation criteria… -
14 December 2012Book page
Appendices 3 - Annual Report 2011-2012: Australian Human Rights Commission
In 2011–12 the Commission received 17 047 enquiries and 2 610 complaints. This is the highest number of complaints received over the past 10 years and 21% higher than the number of complaints received in the previous reporting year. -
14 December 2012Book page
Background paper: Immigration detention and visa cancellation under section 501 of the Migration Act (2010)
Under section 501 of the Migration Act 1958 (Cth) (Migration Act), a non-citizen’s visa may be cancelled if they do not satisfy the Minister for Immigration and Citizenship (the Minister) or the Minister’s delegate that they pass the ‘character test’. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
The Australian National Committee of the United Nation's Children's Fund, ('UNICEF Australia'), welcomes the opportunity to present a written submission to the Human Rights and Equal Opportunity Commission, ('HREOC'), in regard to their national inquiry into children in immigration detention, ('the Inquiry'). -
Legal
17 June 2019SubmissionReview of citizenship loss provisions in the Australian Citizenship Act 2007 (Cth)
The Commission urges reform of these citizenship loss provisions, and makes 11 recommendations to ameliorate the significant human rights concerns. -
Legal
14 December 2012Webpage
Morton v Queensland Police Service D75/08. (2008)
The Human Rights and Equal Opportunity Commission (‘the Commission’)[1] has been granted leave to appear as an amicus curiae in the hearing of this appeal. -
Legal
14 December 2012Webpage
Commission submission: IVF
(a) whether section 8 of the Infertility Treatment Act 1995 (Vic) ('ITA') is inconsistent, in terms of section 109 of the Constitution, with section 22(1) of the Sex Discrimination Act 1984 (Cth) ('SD Act'); and -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 6: Education
States Parties recognize the right of the child to education and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 6 - Practice and Procedure
The procedure for making complaints of federal unlawful discrimination is set out in Part IIB of the HREOC Act.[1] That procedure can be summarised as follows. -
14 December 2012Book page
Native Title Report 2000: Chapter 3: Native title and sea rights
One of the major events of the period covered by this report was the handing down of the decision by the full Federal Court in the Croker Island case (1) on appeal from the decision of Justice Olney. (2) It is the major test case on the recognition of native title sea rights and represents the most authoritative statement of the law in Australia at the present time. It was a split decision and… -
14 December 2012Book page
Appendices2 - Annual Report 2009-2010: Australian Human Rights Commission
Appendices Appendix 2 – Complaint statistics Enquiries and complaints received In 2010-11 the Commission received 18 670 enquiries and 2 152 complaints which is similar to the average number of enquiries and complaints received over the past five years. • 38% of complaints were lodged under the Disability Discrimination Act • 21% of complaints were lodged under the Sex Discrimination Act •… -
14 December 2012Book page
Mental Health Legal Centre Inc: Comments on HREOC Discussion Paper on Living Wills
The message coming through loudly and clearly from consumers is that the introduction of Living Wills which have some legal force would mean an improvement in the recognition of their rights. -
15 July 2014Book page
Appendix 3: Key developments in native title 2012–13
Overview This appendix reviews the following key developments in native title over the reporting period from 1 July 2012 to 30 June 2013 (Reporting Period): native title determinations and agreements the proposed Native Title Amendment Bill 2012 (Cth) other legislative amendments including the Tax Laws Amendment (2012 Measures No 6) Act 2012 (Cth) and the Courts and Tribunals Amendment -
14 December 2012Book page
Social Justice Report 2001: Chapter 4: Laws mandating minimum terms of imprisonment (‘mandatory sentencing’) and Indigenous people
On 13 April 2000, the Senate requested the Human Rights and Equal Opportunity Commission to inquire into all aspects of the agreement between the Northern Territory Government and the Commonwealth regarding the Territory’s mandatory sentencing regime; the consistency of mandatory sentencing regimes with Australia’s international human rights obligations; and Western Australia’s… -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
One of the deaths in this section has now been acknowledged by the South Australian Government in its 1994/95 implementation report as a death in custody (A2SA). The prisoner in the case was 'released' from custody on his deathbed. -
14 December 2012Book page
How are individuals suspected of people smuggling treated in detension
Learn about an inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children. -
14 December 2012Book page
2011 Immigration detention at Curtin
For more than a decade, the Australian Human Rights Commission has called for reforms to Australia’s system of mandatory and indefinite immigration detention – both in light of the impacts it has on people’s mental health and wellbeing, and because it leads to breaches of Australia’s international human rights obligations. During this time, the Commission has investigated… -
Legal
14 December 2012Webpage
National Security Legislation Proposed Amendments (2009)
The Australian Human Rights Commission (the Commission) makes this submission to the Attorney-General’s Department, providing comments on the Attorney-General’s discussion paper on proposed amendments to the National Security Legislation (the discussion paper). -
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
Commission submission - MIRIUWUNG
A. International treaties and the interpretation of Statutes B. International treaties and the development of the common law C. International law and the Constitution D. Relevant human rights norms