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Legal
14 December 2012WebpageCommission Submission - Maslauskas v Qld Nursing
If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’. The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to… -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - Clarke v Oceania Judo
1. These submissions have been prepared for the assistance of the Court in the event that the Commissioner is given leave to appear as amicus curiae on 22 February 2007 and given an opportunity to make submissions on the issue of jurisdiction. These submissions address the contentions of the respondent asserting lack of jurisdiction in this Court to entertain these proceedings only in so far as… -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - Vickers v Ambulance Service NSW
These submissions are filed on behalf of the Acting Disability Discrimination Commissioner ('the Commissioner') in the event that leave is granted by the Court for the Commissioner to appear as amicus curiae in these proceedings pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOC Act'). Such leave was sought by the Commissioner by way of Notice of… -
Legal
14 December 2012Webpage
Commission Submission - Access for All Alliance v Hervey Bay City Council
1. The present application does not specify the sections of the Disability Discrimination Act 1992 (Cth) (‘the DDA’) relied upon in making out the claim of unlawful discrimination. The Acting Disability Discrimination Commissioner (‘the Commissioner’) makes these general submissions on the assumption that the applicant characterises the alleged discrimination as indirect… -
Legal
14 December 2012Webpage
Commission Submission - Amicus Curiae - Jacomb v Australian Municipal, Administrative, Clerical And Services Union
General Recommendation No 5 Seventh Session, 1988 (Attachment Ten) General Recommendation No 23 Sixteenth Session, 1997 (Attachment Eleven) General Recommendation No 25 Thirtieth Session, 30 January 2004 (Attachment Twelve) -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - Howe v Qantas
However, if appropriate, and with leave of the Court, the Commissioner reserves the right to make further submissions on legal matters which may arise during the hearing of this matter and after receipt of the respondent’s particularised points of defence. No submissions are to be made in relation to the evidentiary and factual matters that may arise for determination. -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - Howe v Qantas
In light of the issues raised during the hearing of the proceedings and in the parties’ written submissions, the Sex Discrimination Commissioner (‘the Commissioner’) seeks the Court’s leave to make the following supplementary submissions. -
Commission - General
14 December 2012WebpageAustralian Council of Human Rights Agencies (ACHRA) - UPR Progress Report (2011)
The Australian Government is to be commended for its frank and robust engagement in the UPR process to date, both in the formal working group session and in engaging with the Australian Human Rights Commission (AHRC), NGOs and civil society throughout the process. -
Legal
14 December 2012Webpage
Commission Submission - Gardner v All Australia Netball Association Ltd
1. Waters v Public Transport Corporation (1991) 173 CLR 349 at 359 per Mason CJ and Gaudron J; IW v City of Perth (1997) 191 CLR 1 at 14 per Brennan CJ and McHugh J at 22-23, per Gaudron J, at 27 per Toohey J, at 39 and 41- 42 per Gummow J and 58 per Kirby J; X v Commonwealth (1999) 200 CLR 177 at 223 Kirby J; and Qantas Airways Limited v Christie (1998) 193 CLR 280 at 332 per Kirby J -
Legal
14 December 2012Webpage
Amicus Submission: Ferneley
1. On 22 October 2001 the Sex Discrimination Commissioner ("the SD Commissioner") filed a Notice of Motion seeking to move the Court for orders that the SD Commissioner be granted leave to appear as amicus curiae in these proceedings, together with any consequential orders and directions. The Notice of Motion was supported by an affidavit of the SD Commissioner affirmed on 19 October… -
Legal
14 December 2012Webpage
Commission Submission - Ferneley v Boxing Authority NSW
(1) Nothing in Division 1 or 2 renders it unlawful to exclude persons of one sex from participation in any competitive sporting activity in which the strength, stamina or physique of competitors is relevant. -
Legal
14 December 2012Webpage
Age Discrimination in Trade Union Membership Rules
The complaint concerns age restriction in trade union membership rules. The complainant was a member of a union the rules of which required members to retire from full membership at the age of 65 unless exempted by the Federal Executive of the union. The complainant was denied an exemption from the Federal Executive and transferred to honorary membership, which restricted his opportunities to… -
Legal
14 December 2012Webpage
Redundancy Arrangements and Age Discrimination
This report concerns discrimination on the ground of age in employment and occupation. It deals with complaints against two state government employers about the use of age distinctions in the formulation of redundancy entitlements. The complainants submitted that the monetary value of the voluntary departure packages they received as employees over the age of 50, and on one case over 60, were… -
Complaint Information Service14 December 2012Webpage
The complaint process for complaints about breaches of human rights by the Commonwealth
The Australian Human Rights Commission is an independent body which investigates and resolves complaints about discrimination and breaches of human rights. -
Complaint Information Service14 December 2012Webpage
The complaint process for complaints about discrimination in employment (ILO)
The Australian Human Rights Commission is an independent agency that investigates and resolves complaints about discrimination and breaches of human rights. -
Legal
14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ( Commission') was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, His Honour Justice Carr directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to… -
Legal
14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ("the Commission") was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, Carr J. directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to… -
Legal
14 December 2012Webpage
Commission submission - Minh Dung Luu
1. The Human Rights and Equal Opportunity Commission ("the Commission") was granted leave by his Honour Justice Marshall on 5 June 2001 to intervene in these proceedings pursuant to s 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the "HREOC Act"). -
Legal
14 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… -
Legal
14 December 2012Webpage
Submissions - MV Tampa
1. The Human Rights and Equal Opportunity Commission ('the Commission') by Notices of Motion dated 1 September 2001, will seek leave to intervene pursuant to section 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('the Act')