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14 December 2012WebpageCommission submissions: Al Masri
1. The Human Rights and Equal Opportunity Commission (the "Commission") files these written submissions pursuant to the orders entered 24 September 2002. The Commission makes no submissions on the respondent's motion of 18 September 2002. On the assumption that the appeal is competent, the Commission's submissions address the proper construction of s.196 of the Migration Act 1958 (Cth) … -
Legal
14 December 2012Webpage
No. V 470 of 2002
1. The Human Rights and Equal Opportunity Commission (the 'Commission') files these written submissions pursuant to the orders entered on 13 September 2002. The Commission makes no submissions on the issue of whether the Minister should be granted leave to appeal from the judgment and orders of Merkel J. On the assumption that such leave is granted, the Commission's submissions address the proper… -
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… -
Legal
14 December 2012Webpage
Commission submission - Martizi
1.1 On 5 March 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth). -
Legal
14 December 2012Webpage
Commission submissions: Langer
1. An appeal lies to the Federal Court from "a judgment or order of a prescribed court exercising jurisdiction ~der" section 383 of the Commonwealth Electoral Act 1918 ("the Electoral Act'): sections. 383(9). A prescribed court is defined in sub-section 383(11) to include the Supreme Court of Victoria. -
Legal
14 December 2012Webpage
Commission submissions: Husseini
I, Alastair Neil Hope, State Coroner, having investigated the deaths of Nurjan Husseini and Fatimeh Husseini, with an Inquest held at Fremantle Court House on 4-8 November, 2002 find that the identity of the deceased persons were Nurjan Husseini and Fatimeh Husseini and that deaths occurred on 8 November, 2001, 24 nautical miles from any portion of Australian Territory as a result of Immersion in… -
Legal
14 December 2012Webpage
Commission Submission: Ashmore
1. The Coroner has jurisdiction, relevantly, "to investigate a death". See s 19(1) of the Coroner's Act 1996 (CI) (the Act). Also see the definition of "investigation" in s 3 and ss 8, 25(1) - (3), 27(3) - (5), 44(2), 46(2) and 50 of the Act. Cf s 6(1) of the Coroner's Act 1920 (CI) which limited the jurisdiction of the Coroner, relevantly, "to inquire into the manner and… -
Legal
14 December 2012Webpage
Submissions - Yorta Yorta
1. By Notice of Motion filed 1 May 2002, the Human Rights and Equal Opportunity Commission ("the Commission") seeks leave to intervene at the hearing of the appeal pursuant to para 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 and para 20(1)(e) of the Racial Discrimination Act 1975 ("RDA"). -
Legal
14 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. -
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
Qantas v Gama
Explore a report by the Australian Human Rights Commission regarding Qantas v Gama in relation to the Human Rights and Equal Opportunity Commission Act. -
Legal
14 December 2012Webpage
Amicus guidelines
1. These guidelines apply only to Federal Court proceedings under the Australian Human Rights Commission Act 1986 (Cth) ("AHRC Act") as amended by the Human Rights Legislation Amendment Act (No 1) 1999 (Cth). -
Legal
14 December 2012Webpage
Commission Submission - ON COMMON DIFFICULTIES FACING ABORIGINAL WITNESSES
The communication difficulties that may be faced by Aboriginal people in the legal system have long been recognised.1 In the Queensland context, these have been well documented by Dr Diana Eades 2 and the Criminal Justice Commission (CJC).3 These issues are also dealt with in detail in the Equal Treatment Benchbook of the Supreme Court of Queensland (‘the Queensland Benchbook’)4 and… -
Legal
14 December 2012Webpage
Commission Submission - Giblet & Ors
On 21 April 2006 the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner (‘the Commissioner’) filed a Notice of Motion seeking leave to appear as amicus curiae in proceedings QUD 300/2005 Giblet & Ors v Queensland & Anor, QUD 301/2005 Chong & Ors v Queensland & Anor and QUD 389/2005 Douglas & Ors v… -
Legal
14 December 2012Webpage
Commission Submission - Country v Beers
1. On 16 July 2003 the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner (the Commissioner) was granted leave to appear as amicus curiae in these proceedings, pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the HREOC Act). -
Legal
14 December 2012Webpage
Commission 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)