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14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
Commission - General27 July 2023Speech
A new national human rights framework for Australia
Emeritus Professor Rosalind Croucher AM FAAL FRSA FACLM(Hon) delivered this speech at The Annual Castan Centre for Human Rights Law Conference on 21 July 2023. Overview The Australian Human Rights Commission is reaching the conclusion of its Free and Equal project, identifying what the national system for protecting human rights should be in Australia. In this keynote, President Croucher… -
14 December 2012Book page
Social Justice Report 2004 : Appendix 2: How the Racial Discrimination Act 1975 applies to Shared Responsibility Agreements
The Racial Discrimination Act 1975 (Cth) (RDA) makes it unlawful to discriminate on the basis of race, colour, descent or national or ethnic origin. The proscriptions of unlawful discrimination in the RDA potentially apply to Shared Responsibility Agreements (SRAs), including: -
14 December 2012Book page
Bringing them Home - Chapter 6
The forcible removal of Indigenous children from their families occurred during two periods in Tasmania. The first commenced with the European occupation of Van Dieman's Land (as Tasmania was called until 1856) in 1803 and lasted until the middle of the nineteenth century. The second commenced in the 1930s with the forcible removal of Indigenous children from Cape Barren Island under general… -
Legal14 December 2012Webpage
Submission: Human Rights and Good Governance Education
The Human Rights and Equal Opportunity Commission (HREOC) which was established in 1986 by the Federal Parliament as successor to the 1981 Human Rights Commission is an independent statutory authority whose functions are to monitor, protect and promote human rights in Australia. The Commission has played a key role in the education of civil society in regard to these rights. -
14 December 2012Book page
Native Title Report 2002: Introduction
The year under review in this, my fourth Native Title Report, is a year in which the High Court has handed down its decision in several significant native title cases thus elucidating the principles upon which the recognition and extinguishment of native title are determined. 2002 marks the end of a ten year period since the Mabo decision [1] first introduced the dual concepts of recognising and… -
Legal14 December 2012Webpage
Madrid - Expert Seminar on Indigenous Peoples - Specific issues relating to the administration of justice – Indigenous women; public order laws; mandatory sentencing schemes; and best practice for diversion of Indigenous juveniles.
Issue 2: Specific issues relating to the administration of justice – Indigenous women; public order laws; mandatory sentencing schemes; and best practice for diversion of Indigenous juveniles. Aboriginal and Torres Strait Islander Social Justice Commissioner, Human Rights and Equal Opportunity Commission of Australia Submission to the Expert seminar on Indigenous Peoples and the… -
Disability Rights22 November 2019Speech
Speech to National Labor Disability Summit
Dr Ben Gauntlett National Labor Disability Summit Melbourne November 1, 2019 Good disability policy benefits all Australians. When we think of disability policy, it is not “us” and “them”, it is "we", we the people of Australia need good disability policy because it reflects our values of diversity and inclusion. It reflects our human rights obligations and there are critical economic… -
Commission - General14 December 2012Publication
Annual Report 2004-2005: Human Rights and Equal Opportunity Commission
The Annual Report of the Human Rights and Equal Opportunity Commission for the period ending 30 June 2005 is produced pursuant to section 45 of the Human Rights and Equal Opportunity Commission Act 1986. The report has been prepared in accordance with the requirements of section 70 of the Public Service Act 1999.