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14 December 2012Book page
Bringing them Home - Appendix 2
neglected child - a child found begging, wandering about or frequenting any thoroughfare or tavern, sleeping in the open air and who has no settled place of abode or means of subsistence; residing in any brothel or associating or dwelling with any person, known or reputed to be a thief, prostitute or drunkard or a person convicted of vagrancy; a child having committed an offence and who, in the… -
Legal
14 December 2012WebpageNational Security Legislation Amendment Bill 2005
The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the National Security Legislation Amendment Bill 2005 (‘the Bill’). The Commission welcomes the opportunity to make this submission and thanks the Committee for its invitation. -
Legal
14 December 2012Webpage
Submission - Inquiry into the Migration Amendment (Strengthening the Character Test and Other Provisions) Bill (2011)
The Australian Human Rights Commission welcomes the opportunity to make this submission to the Senate Standing Committees on Legal and Constitutional Affairs in its Inquiry into the Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011. -
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… -
14 December 2012Book page
Bringing them Home - Appendix 7
Established the Northern Territory Aboriginals Department with responsibility for the control and welfare of Aborigines and `to provide where possible for the custody, maintenance and education of the children of aboriginals'. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Australia is a signatory to a number of International Conventions, which are relevant to mandatory detention of children in Australia’s immigration detention centres. Under International law, each of the conventions that Australia has ratified is binding on the Australian state, which is obliged to bring its domestic laws into conformity with their stipulations. In Australia, International… -
31 July 2013Book page
4 What are the human rights issues raised by refusal or cancellation of visas under section 501?
The Commission has a number of concerns about the impact on the human rights of people whose applications for visas are refused or whose visas are cancelled under section 501 of the Migration Act. The Commission is particularly concerned about the consequences for: refugees who have their applications for protection visas refused on character grounds long-term permanent residents of… -
Asylum Seekers and Refugees
16 June 2020SubmissionMigration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020
The concerns outlined in this submission draw on the Commission’s work inspecting Australia’s immigration detention facilities. The Commission has conducted such inspections since the mid-1990s. -
Rights and Freedoms
1 May 2013PublicationHuman rights issues raised by the third country processing regime
The Commission recognises the importance of effective border management and recognises that Australia has a right as a sovereign State to exclude non-citizens from its territory. However, Australia also has international obligations in relation to asylum seekers who come here, including those who arrive by boat, which must be observed in its border management practices. This paper provides a… -
31 July 2013Book page
1 Summary
Under section 501 (and/or sections 501A and 501B) [1] of the Migration Act 1958 (Cth) (Migration Act), a non-citizen’s application for a visa may be refused or their visa may be cancelled if they do not satisfy the Minister for Immigration and Citizenship (the Minister), or the Minister’s delegate, that they pass the ‘character test’. During the 2011-12 financial year 88 people had their… -
Rights and Freedoms
14 December 2012Publication
Norfolk Island's Immigration Act and human rights
During 1997-98, in response to four complaints, the Commission conducted an inquiry into Norfolk Island's Immigration Act 1980. Norfolk Island is a territory of the Commonwealth and the only inhabited external territory not covered by the Commonwealth's Migration Act 1958. -
28 October 2013Book page
1 Introduction
This report draws upon the extensive work the Australian Human Rights Commission has undertaken in the area of Australian law, policy and practice relating to asylum seekers, refugees and immigration detention. The Commission’s work has included conducting national inquiries, examining proposed legislation, monitoring and reporting on immigration detention, and investigating complaints from … -
Legal
14 December 2012Webpage
Summary of Interventions by the Australian Human Rights Commission
Summary of Interventions by the Australian Human Rights Commission Updated 11 December 2009 Download PDF (100 kb) Word (181 kb) YEAR NO. OF CASES NAME OF CASE SUBJECT MATTER OF CASE COURT 1988 1. Re A Teenager (1988) 94 FLR 181 Family Law – Sterilisation of a young woman with a disability Family Court 2. Re Jane Family Law – Sterilisation of person with disability – whether parents require… -
Legal
14 December 2012Webpage
Commission submissions: Christie
1. The Human Rights and Equal Opportunity Commission makes two submissions with respect to the interpretation of s.170DF(2)(f) of the Industrial Relations Act 1988 (Cth). They are: -
Legal
14 December 2012Webpage
Questions on Notice 8 May 2003
I refer to the Questions on Notice received by the Human Rights and Equal Opportunity Commission ("HREOC") after it gave evidence before the Senate Legal and Constitutional Legislation Committee's Reference on the Australian Human Rights Commission Legislation Bill 2003 ("AHRC Bill") on 29 April 2003 and provide the following responses. -
4 February 2015Book page
3 Methodology
3.1 Terms of Reference 3.2 Methodology 3.3 Definitions 3.4 Timeframe for the report 3.5 Commission’s previous work concerning children in detention 3.6 Structure of the report On 3 February 2014, the President of the Australian Human Rights Commission launched the National Inquiry into Children in Immigration Detention. The purpose of the Inquiry was to investigate the ways in which life in … -
6 February 2015Book page
Appendix 5 – Notices to Produce
5.1 First Notice to Produce to the Department of Immigration and Border Protection: 31 March 2014 5.2 Second Notice to Produce to the Department of Immigration and Border Protection: 11 July 2014 5.3 Third Notice to Produce to the Department of Immigration and Border Protection: 12 August 2014 5.4 First Notice to Produce to International Health and Medical Services: 24 July 2014 5.5 Second… -
14 December 2012Book page
Community arrangements -asylum seekers, refugees and stateless persons
This year marks the twentieth anniversary of Australia’s introduction of mandatory immigration detention and the eighteenth anniversary of the system of mandatory, indefinite immigration detention. In the current context, it is apt to recall that mandatory detention was introduced in reaction to the arrival of asylum seekers by boat, with concerns about a potential ‘influx’… -
14 December 2012Book page
HREOC Report No. 35
Pursuant to section 11(1)(f) and 20(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint against the Commonwealth of Australia (Department of Immigration and Multicultural Affairs) and GSL (Australia) Pty Ltd. I have found that acts done on behalf of the Commonwealth were contrary to the human rights of the complainant as… -
Legal
14 December 2012Webpage
Inquiry into older people and the law (6 June 2007)
We appeared before the House Standing Committee on Legal and Constitutional Affairs (‘Committee’) in its Inquiry into older people and the law (‘Inquiry’) on 15 May 2007.