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Pursuant to s 31(b)(ii) of the Australian Human Rights Commission Act 1986 (Cth), I attach my report of an inquiry into the complaint made by Mr CG of discrimination in employment on the basis of criminal record by the Rail Corporation New South Wales.

The purpose of this section is to provide a nationally consistent set of requirements for a ‘special measure’ targeted recruitment strategy for Aboriginal and Torres Strait Islander peoples. The core elements of a special measure are essentially the same under all federal, state and territory discrimination laws. However, the wording of the criteria in the legislation of each jurisdiction…

This year the High Court will decide fundamental issues about the nature of native title and the extent to which it is protected by the common law. In hearing the appeal of the Miriuwung, Gajerrong and Balangarra peoples from the decision of the Full Federal Court in Western Australia v Ward (1) the court will be called upon to arbitrate an old dispute that has never been settled; that between…

The Racial Discrimination Act 1975 (Cth) (RDA) makes it unlawful to discriminate on the basis of race, colour, descent or national or ethnic origin. The proscriptions of unlawful discrimination in the RDA potentially apply to Shared Responsibility Agreements (SRAs), including:

The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds…

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…

The resolution of the debate as to whether the extinguishment of native title by the common law and the Native Title Act 1993 (Cwlth) (‘NTA’) is racially discriminatory, depends upon the interpretation given to its two essential components: extinguishment and discrimination. The interpretation that the High Court has given to the extinguishment provisions of the NTA and its relationship…

This report to the Attorney-General concerns an inquiry by the Human Rights and Equal Opportunity Commission ("the Commission") into a complaint made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOCA"). The subject of this report is a complaint of age discrimination made by Mr Andrew Hamilton who was employed by the Commonwealth in the…

Pursuant to s 31(b)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint of discrimination in employment by Mr William Mayne against the Commonwealth of Australia, Australian Defence Force - Royal Australian Air Force. I have found that the act complained of constitutes discrimination in employment on the basis of age.

The Human Rights and Equal Opportunity Commission Act gives HREOC the function of inquiring into complaints concerning breaches of human rights or discrimination in employment. HREOC attempts to resolve such complaints through conciliation where appropriate. If the matter is not resolved through conciliation and the President is satisfied that a breach of human rights or an act of discrimination…