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14 December 2012Book page
Native Title Report 2000: Chapter 5: Implementing the amendments to the Native Title Act
In 1999 and 2000 the Committee on the Elimination of Racial Discrimination (the CERD Committee) and the Human Rights Committee (HRC) of the United Nations both criticised the 1998 amendments to the Native Title Act 1993 (the NTA) as limiting the rights of Indigenous people.(1) The committees found that the amendments were discriminatory and recommended that Australia either suspend implementation… -
14 December 2012Book page
A Last Resort? - Summary Guide (2004)
Quick and concise summary guide for the "Last Resort" report, highlighting main points. -
Legal
14 December 2012WebpageNational Human Rights Consultation - Appendix 4
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.[13] -
14 December 2012Book page
17. Major Findings and Recommendations of the Inquiry
In addition to the detailed findings in each of Chapters 5-16, the Inquiry has made the following major findings in relation to Australia's mandatory immigration detention system as it applied to children who arrived in Australia without a visa (unauthorised arrivals) over the period 1999-2002. -
Asylum Seekers and Refugees
23 January 2013PublicationImmigration detention on Christmas Island - Observations from visit to Immigration detention facilities on Christmas Island
Immigration detention on Christmas Island Observations from visit to Immigration detention facilities on Christmas Island -
Legal
14 December 2012Webpage
COAG Review of Counter-Terrorism Legislation
Division 104 of Part 5.3 of the Criminal Code Act 1995 (Cth) provides for the making of control orders. A control order is an order issued by a court (either the Federal Court, Family Court or Federal Magistrates Court), at the request of a member of the Australian Federal Police (AFP), to allow obligations, prohibitions and restrictions to be imposed on a person, for the purpose of protecting… -
Legal
14 December 2012Webpage
Commission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need… -
14 December 2012Book page
4. Australia's Human Rights Obligations
The purpose of this chapter is to explain the relevance of international human rights law to children in Australia's immigration detention centres and to provide a quick reference point on the fundamental human rights principles that have influenced the approach of this Inquiry. This chapter also explains the role of United Nations (UN) guidelines in the Inquiry's analysis of Australia's human… -
14 December 2012Book page
Native Title Report 2001: Chapter One: The Right to Negotiate and Human Rights
The 'right to negotiate' is a fundamental right assured by the Commonwealth Native Title Act (the 'NTA') and reflected in international human rights standards. Yet in practice the capacity of native title parties to exercise their 'right to negotiate' is determined by factors other than the mere existence of the right. Given the primary role of state and territory governments in land… -
14 December 2012Book page
2 Biomedical markers and the assessment of chronological age
Since 2001, the primary method of assessing whether an individual is under the age of 18 years in the context of criminal proceedings in Australia has been through the analysis of an x-ray of the young person’s wrist. As this Inquiry is considering the treatment of young Indonesian males suspected of people smuggling who say that they are children, it is important to consider the… -
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… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 3: Mental Health and Developmen
from Behaviours Associated with Victimisation in The Impact of Current and Traumatic Stressors on the Psychological Well-Being of Refugee Communities. [1] -
Complaint Information Service30 April 2020Webpage
Translations: Fact sheet - Complaints under the Racial Discrimination Act
Access translations of the fact sheet on complaints under racial discrimination. -
14 December 2012Book page
8. Safety of Children in Immigration Detention
Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding ... Convention on the Rights of the Child, Preamble -
4 February 2020Book page
Submissions - Children's Rights Report 2019
Date Submitted by 1 29.03.2018 Confidential 2 03.04.2018 Confidential 3 03.04.2018 Name Withheld 4 10.04.2018 Name Withheld 5 10.04.2018 Confidential 6 10.04.2018 Confidential 7 12.04.2018 Lynelle Long, InterCountry Adoptee Voices 8 13.04.2018 Confidential 9 16.04.2018 Confidential 10 16.04.2018 Confidential 11 17.04.18 Name Withheld 12 21.04.2018 Confidential 13 23.04.2018 Associate… -
14 December 2012Book page
Native Title Report 2007: Chapter 8
These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The current mandatory detention policy of the Commonwealth of Australia breaches the fundamental principle of the rights of the child which is that children should be able to develop to their full potential. The policy breaches every article of the Convention on the Rights of the Child. The policy violates the right to health as established by international law. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission has been produced by the Queensland Program of Assistance for Survivors of Torture and Trauma (QPASTT) and the Youth Advocacy Centre (YAC). The submission is also endorsed by a number of individuals and organisations working directly or indirectly with asylum seekers and refugees (See list on page 2). Their staff hear similar stories and reports from their clients and have come to… -
Legal
14 December 2012Webpage
Submission on Extradition review discussion paper
1.1 The Human Rights and Equal Opportunity Commission (‘HREOC’) is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’). It is Australia's national human rights institution. 1.2 Its functions are set out in section 11(1) of the HREOC Act and include the power to promote an understanding and acceptance, and the public discussion, of… -
14 December 2012Book page
Social Justice Report 2001: Chapter 1: Ten years on from the Royal Commission into Aboriginal Deaths in Custody
The year 2001 marked the tenth anniversary of the final report of the Royal Commission into Aboriginal Deaths in Custody. The 5 volumes and 339 recommendations that comprise the national report of Commissioner Johnston remain among the most extensive, frank and devastating examinations of the impact of colonialism on the Indigenous peoples of this country.