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This paper gives a brief overview of the mandatory detention laws currently operating in the Northern Territory and Western Australia. It examines their operation and gives some insights into how they have impacted on particular groups including young people and Indigenous Australians. It gives a critique of mandatory detention by reference to Australia's international human rights obligations,…

The Australian Human Rights Commission welcomes the opportunity to comment on the proposed changes to the Native Title Act 1993 (Cth) in the Native Title Amendment (Reform) Bill 2011.

Obligations to ensure effective participation exist in nearly all the main human rights treaties. These obligations have been synthesised into the principle of free, prior and informed consent of indigenous peoples.

The Commission is an organisation established under the Human Rights and Equal Opportunity Commission Act 1986. It has a President and six Commissioners. The six positions are currently held by four persons.

An Act `to provide for the subdivision of the Cape Barren Island reserve and for occupation of portion thereof by the descendants of Aboriginal natives'.

Native title is now well established in Australian law. The native title system was set up in 1994 under the Native Title Act 1993 (Cth) (the Native Title Act). It is for gaining recognition and protection of native title, and for resolving native title matters. It has been successfully used in many parts of the country.

Good functioning of prescribed bodies corporate (PBC)2 is essential to native title. Recognition of native title rights only goes part of the way to redress the historical injustice of land dispossession. Without appropriate means to make decisions about land, the existence of native title makes minimal appreciable difference to Indigenous people.

Listed below are examples of services and programs brought to the Commission’s attention. Aboriginal Visitors Scheme (WA) This is an independent prison visitor scheme where an Aboriginal volunteer is appointed to monitor the treatment of Aboriginal people held in custody and police lock ups. They offer basic counselling and will inform the Officer in Charge of any urgent medical needs ( http…

If a group’s traditional country is not in a mining area they escape the injury to country that mining represents but have little opportunity to really develop industry and commerce that could support their communities.1

Indigenous children throughout Australia remain very significantly over-represented `in care' and in contact with welfare authorities. Their over-representation increases as the intervention becomes more coercive, with the greatest over-representation being in out-of-home care. Indigenous children appear to be particularly over-represented in long-term foster care arrangements. A high percentage…

3.1 General findings In our consultations the Commission received information from people with disabilities and their advocates, support services in the community and in government and people in the police, courts and the custody and release system. The Commission also received many submissions and held a number of meetings with community members and public officials who work in or with the …