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Legal24 March 2022Webpage
Exemption applications under the Disability Discrimination Act 1992 (Cth)
Section 55 of the Disability Discrimination Act 1992 (Cth) gives the Commission the power to grant temporary exemptions from certain provisions of the Act. Temporary exemptions may be granted for up to five years at a time and may be granted subject to specified terms and conditions. The effect of a temporary exemption is that discrimination covered by the exemption is not unlawful under the… -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 8 - Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the Federal Magistrates Court (‘FMC’) and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) (‘the Federal Court Act’) and the Federal Magistrates Act 1999 (Cth) (‘the Federal Magistrates Act’)… -
Legal14 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… -
Legal14 December 2012Webpage
Commission 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) … -
Legal14 December 2012Webpage
exemption decision: W.A. firearms act
The Human Rights and Equal Opportunity Commission gives notice of a decision made on 9 May 2000 under section 57 of the Disability Discrimination Act 1992 ("DDA") concerning decisions to refuse permits or licenses under the Firearms Act 1973 (WA) and related matters. -
14 December 2012Book page
Corporate Responsibility - Developing principles on Resource Development on Indigenous land: Human Rights Based Approach to Mining on Aboriginal Land
Human rights constitute the ethical basis of the social contract between those who exercise power and accrue wealth, and those whose lives are affected by this exercise and accrual. Where such a relationship has no ethical basis and is inconsistent with human rights principles it is not a sustainable relationship. Coercion may prolong it for some time but this is costly to maintain and eventually… -
14 December 2012Book page
15. Religion, Culture & Language for Children in Immigration Detention
The Convention on the Rights of the Child (CRC) requires Australia to protect children's rights to cultural identity, language and religion. The most effective way of ensuring enjoyment of these rights is to encourage and allow refugee and asylum-seeking children to participate in cultural and religious activities in the community. The Australian community is well equipped to respond to this need… -
Aboriginal and Torres Strait Islander Social Justice15 February 2022Publication
Wiyi Yani U Thangani (Women’s Voices) - Implementation Framework (2022)
This Implementation Framework provides guidance for translating the substantial findings of the Report into meaningful action and provides examples of innovative First Nations women and girl-led initiatives across a wide range of sectors. -
Legal14 December 2012Webpage
Marriage Legislation Amendment Bill 2004
1. The Human Rights and Equal Opportunity Commission ('the Commission') is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth). It is Australia's national human rights institution. -
Education14 December 2012Speech
Youth Challenge Online - Teaching Human Rights and Responsibilities
May I begin by welcoming you all here today, including Senator Marise Payne who is representing the Commonwealth Attorney General, Professor Gordon Stanley, President of the NSW Board of Studies, Mr Duncan McGuiness from the NSW Parents Council and Mr Roger O'Sullivan from the Council of Catholic School Parents and Mr Kevin Bradburn from the NSW Department of Education. I also welcome the 30-odd… -
14 December 2012Book page
11. Children with Disabilities in Immigration Detention
One of the underlying goals of international and Australian laws relating to children with disabilities is to provide the highest possible level of support and assistance in the least restrictive way. Laws, policies and programs should be designed to ensure that children with disabilities have the opportunity to participate, to the maximum extent possible, in all aspects of the general community. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
The current submission recognises the need to move beyond mere critique of the status quo and focus resources on the development of viable alternatives. To be feasible any such model must satisfy the legitimate concerns of the government while upholding the fundamental right of freedom of movement. -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 3 - The Race Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 8: Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the FMC and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) and the Federal Magistrates Act 1999 (Cth).1 -
Legal14 December 2012Webpage
Australia's compliance with the Convention Against Torture
Learn how Australia complies with the UN Committee Against Torture in areas such as immigration detention, prison conditions and victims of trafficking. -
Complaint Information Service14 December 2012Publication
ADR as a tool for social change: a discussion (2008)
Human rights and anti-discrimination law in Australia, as in many countries in the Asia Pacific, provides for complaints about discrimination and violations of human rights to be resolved by conciliation. The use of Alternative Dispute Resolution (ADR) in this context has been criticised. In particular, it has been claimed that the individualised form of the complaint process, coupled with the… -
LGBTIQ+8 April 2014Speech
SDA Amendments
Australian Public Service Human Rights Network -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Australian Psychological Society categorically condemns the practice of detaining child asylum seekers and their families, on the grounds that it is not commensurate with psychological best practice concerning childrens development and mental health and wellbeing. Detention of children in this fashion is also arguably a violation of the UN Convention on the Rights of the Child. -
29 January 2013Book page
Bibliography
Acting Commonwealth and Defence Force Ombudsman, Australian Defence Force: Management of Complaints about Unacceptable Behaviour,Report No 04 (2007). Army JROTC Cadet Reference, Leadership Education & Training, 2 nd ed. Headquarters Army Command. At www.dimondjrotc.org/cadet_reference.pdf(viewed 23 June 2011). Australian Army, ADFA Army Single Service Training. At http://www.army.gov.au… -
Legal14 December 2012Webpage
Comments by the Australian Human Rights Commission to the United Nations Human Rights Committee on issues relevant to Australia’s fifth periodic report under the ICCPR (2008)
The Australian Human Rights and Commission (the Commission) provides these comments to the United Nations Human Rights Committee (the Committee) in response to the Committee’s request for information relevant to Australia’s fifth periodic report under the International Covenant on Civil and Political Rights (ICCPR).[1]