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Legal14 December 2012Webpage
Submission - ‘Towards An Alternative Settlement Framework For Native Title’ (2006)
I welcome the Western Australian Government’s commitment to developing an Alternative Settlement Framework to resolve native title claims, following the standards of recognition and extinguishment set by the Yorta Yorta1 and Miriuwung Gajerrong2 decisions, respectively. I also note the Government’s commitment to a fair and just relationship between the Government and Aboriginal people… -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
2009 Speech: Bilingual Education
Good morning friends, supporters, Dr’s Peter Toyne and Lester-Irabinna Rigney and distinguished guests. I would also like to acknowledge my Indigenous sisters and brothers who have travelled here to be with us and to share your experiences and stories. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Native Title and the Treaty Dialogue
It is very fitting that we discuss native title in the context of a treaty just one month after a very significant native title decision, the Miriuwung Gajerrong decision [1], has been handed down by the High Court. 406 pages of honed legal reasoning cut through almost the entire history of non-Indigenous land law in Western Australia to decide the final shape that native title would take for the… -
14 December 2012Book page
Native Title Report 2005 : Chapter 2 : Existing legal framework and leasing options
The ownership, particularly communal ownership of land by Indigenous people began in 1976 with the introduction of land rights legislation in the Northern Territory (the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA (NT)). -
Rights and Freedoms4 September 2015Speech
Austin Asche Oration in Law and Governance
Austin Asche Oration in Law and Governance Thursday 3 September 2015 I am honoured to have been invited to speak tonight at this, the 5 th Austin Asche Oration in Law and Governance. As I had not met or known the Hon. Austin Asche. As any researcher would do, I ‘googled’ him to learn about his distinguished legal career. He was appointed Chief Justice of the Northern Territory in 1987 and… -
Asylum Seekers and Refugees11 June 2014Webpage
Transcripts from the inquiry's public hearings
Public Hearing in Sydney, Tuesday, 9 September 2014 The fifth public hearing of the inquiry was held at the Australian Human Rights Commission on Tuesday, 9th September. The witness for this hearing was the Hon Chris Bowen MP, who was the Minister for Immigration and Citizenship from September 2010 until February 2013. Members of the public were able to attend at the Australian Human Rights … -
Legal14 December 2012Webpage
Human Rights Legislation Amendment Bill 1996
1.1 The Human Rights and Equal Opportunity Commission ("the Commission") has already presented a written submission to the Senate Legal and Constitutional Legislation Committee ("the Committee") in respect of the Human Rights Legislation Amendment Bill 1996 (Cth) ("the Bill") (copy annexed). The Commission also attended before the Committee on Tuesday 11 March 1997… -
Legal14 December 2012Webpage
Federal Discrimination Law 2005
The July 2007 supplement to Federal Discrimination Law 2005 covers significant cases decided in the federal unlawful discrimination jurisdiction since March 2005. -
Legal14 December 2012Webpage
Electoral and Referendum Amendment Bill 2005
1. The Human Rights and Equal Opportunity Commission (the Commission) welcomes the opportunity to make this submission to the Senate Finance and Public Administration Committee on the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 (the Bill). -
Legal14 December 2012Webpage
Submission on Exposure Draft of the Policy Outlines for Income Management (2010)
Thank you for the opportunity to comment on the Exposure Draft of the Policy Outlines for Income Management (draft Policy Outlines), issued by FaHCSIA on 15 June 2010. Thank you also for granting an extension to provide feedback by 25 June 2010. -
Legal14 December 2012Webpage
Submission to Court as Intervener and Amicus Curiae
The Human Rights and Equal Opportunity Commission (‘the Commission’) has sought leave to appear as amicus curiae in the hearing of both appeal proceedings. The Commission does not argue for a particular outcome in the appeal, but rather seeks to identify the relevant principles of law as they apply to the appeal for the assistance of the Court. -
Legal14 December 2012Webpage
Commission submission - MING DUNG LUU
1. These submissions are filed pursuant to the directions given by the Full Court and conveyed to the Human Rights and Equal Opportunity Commission ("the Commission") in a facsimile from the Associate to the Honourable Justice Gray dated 17 December 2001. They are directed only to the issues raised in the respondent's submissions of 23 November 2001 (including the respondent's… -
Legal14 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. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Securing the rights of Indigenous Territorians
May I begin by acknowledging the Larrakeyah people – the traditional owners of the land where we meet today. I pay my respects to their elders and those who have come before us. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
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In championing the cause of universality (of human rights) I should emphasise that universality does not negate cultural diversity; on the contrary, I believe that it reinforces and protects cultural diversity. -
Legal28 January 2015Submission
Inquiry into the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014
Australian Human Rights Commission Submission To The Parliamentary Joint Committee On Intelligence And Security Download PDF Download Word Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Human Rights Framework 4.1 Article 17 – the Right to Privacy 4.2 Article 19 – Freedom of Expression 5 Scope of dataset to be retained 6 Two year retention period 7 Access to retained… -
Legal14 December 2012Webpage
Defence legislation amendment Bill 2005
1.1 The Human Rights and Equal Opportunity Commission (‘the Commission’) is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’). It is Australia's national human rights institution. -
Legal14 December 2012Webpage
Migration Amendment (Review Provisions) Bill 2006
In order to ensure that the views of the children in conflict with the law are duly taken into account, the following must be provided as a minimum in order to ensure their participation in accordance with articles 12 and 40 of the Convention; -
Legal14 December 2012Webpage
Tasmania: Charter of Rights
[1] For further discussion see John von Doussa QC, ‘In defence of human rights’, Address to the UNSW Law Society’s Speakers Forum, 24 August 2006; Commissioner Graeme Innes ‘The Human Rights and Equal Opportunity Commission and the Protection of Human Rights at a federal level’, Address to the ANU Bill of Rights Conference. Both speeches are available at http://www… -
Legal14 December 2012Webpage
Letter to the Committee against Torture regarding issues for Australia (2010)
Thank you for giving the Australian Human Rights Commission (the Commission) the opportunity to provide information to the Committee Against Torture (the Committee) that is relevant to the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention) in Australia.