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14 December 2012Book page
2011 Immigration detention at Curtin
For more than a decade, the Australian Human Rights Commission has called for reforms to Australia’s system of mandatory and indefinite immigration detention – both in light of the impacts it has on people’s mental health and wellbeing, and because it leads to breaches of Australia’s international human rights obligations. During this time, the Commission has investigated… -
Legal
14 December 2012WebpageInquiry into Australia’s agreement with Malaysia in relation to asylum seekers
Recommendation 1: Asylum seekers should not be transferred from Australia to Malaysia under the Arrangement between the Government of Australia and the Government of Malaysia on Transfer and Resettlement. -
14 December 2012Book page
Native Title Report 2011: Chapter 1: Reviewing key developments in the Reporting Period
In this Chapter I review key developments within the native title system that occurred throughout the Reporting Period (1 July 2010 to 30 June 2011) and consider the impact of these events on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples’ human rights. -
Rights and Freedoms
3 April 2013PublicationAsylum seekers and refugees
Australia has obligations to protect the human rights of all asylum seekers and refugees who arrive in Australia, regardless of how or where they arrive and whether they arrive with or without a visa. -
14 December 2012Book page
2011 Immigration detention at Villawood
The Australian Human Rights Commission visited the immigration detention facilities at Villawood from 21 to 25 February 2011. This statement contains a summary of the key observations and concerns arising from the Commission’s visit. It focuses on conditions as they were at that time. -
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
Native Title Report 2011: Chapter 2: Lateral violence in native title: our relationships over lands, territories and resources
A key priority throughout my five year term as Social Justice Commissioner is to strengthen and rebuild relationships within our Aboriginal and Torres Strait Islander communities. -
Legal
14 December 2012Webpage
Information concerning Australia and the Convention on the Rights of the Child
Recommendation 1: The Commission recommends that the Australian Government fully incorporate into Australian law its human rights obligations to children, including through the adoption of a federal Human Rights Act. -
28 October 2013Book page
2 Onshore detention and processing
2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained… -
Legal
14 December 2012Webpage
Australian Human Rights Commission Submission to the Joint Select Committee on Australia’s Immigration Detention Network (2011)
The Australian Government should implement reforms it announced in 2008 under which immigration detention is to be used as a last resort and for the shortest practicable period, people are to be detained in the least restrictive environment appropriate to their individual circumstances, and there is a presumption that people will be permitted to reside in the community unless they pose an… -
Legal
14 December 2012Webpage
Access and Equity: Inquiry into the responsiveness of Australian Government services to Australia’s culturally and linguistically diverse population
The Australian Human Rights Commission makes this submission to the Access and Equity Inquiry Panel in its inquiry into the responsiveness of Australian Government services to Australia’s culturally and linguistically diverse population. -
15 July 2014Book page
Chapter 1: How far have we come? Looking back on 20 years of the Social Justice Commissioner role
1.1 Introduction This year marks 20 years since the establishment of the Aboriginal and Torres Strait Islander Social Justice Commissioner (Social Justice Commissioner) role under the Australian Human Rights Commission Act 1986 (Cth). When I first started in this position I was asked if any of the previous Commissioners had left any words or notes of advice. I answered them ‘no, but they all… -
12 February 2013Book page
3 Promotion and protection of human rights on the ground
3.1 Equality before the law and non-discrimination A prominent theme throughout Australia’s UPR was the unacceptable level of disadvantage experienced by Aboriginal and Torres Strait Islander Peoples, with 50 of the countries that spoke during the interactive dialogue referring to issues affecting Aboriginal and Torres Strait Islander peoples. [15] Since its appearance the Australian… -
14 December 2012Book page
Chapter 2: Constitutional reform: Creating a nation for all of us - Social Justice Report 2010
A century ago, the Australian people engaged in a debate about creating a nation. They held meetings...They wrote articles and letters in newspapers. Many views were canvassed and voices were heard. The separate colonies, having divided up the land between them, discussed ways of sharing powers in order to achieve a vision of a united Australia. The result was the Australian Constitution,… -
14 December 2012Book page
Social Justice Report 2006
This appendix provides an overview of the main events with regard to the administration of Indigenous affairs to 30 June 2006. It commences with a summary table and is followed by a detailed description of each event. -
14 April 2015Book page
1 Social justice - Year in review
1.1 Introduction 1.2 Machinery of Government changes 1.3 The 2014 Budget 1.4 Leadership, representation and engagement 1.5 Constitutional recognition 1.6 Indigenous Jobs and Training Review 1.7 Closing the Gap 1.8 Stolen Generations 1.9 International developments 1.10 Australian Human Rights Commission complaints 1.11 Conclusion 1.1 Introduction At the beginning of this reporting period, we… -
Legal
10 October 2017Submission
Information concerning Australia’s compliance with the International Covenant on Civil and Political Rights (2017)
This submission provides information concerning the civil and political rights of key population groups in Australia and other thematic issues engaging civil and political rights. In relation to each section, the Commission has referred to the relevant articles of the ICCPR engaged and (where appropriate) the relevant paragraph of the Committee’s list of issues prior to reporting dated 9 November… -
3 January 2014Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations During Australia’s review, the Government made a commitment to improving Australia’s monitoring of its international human rights obligations. Australia is a party to seven of the core human rights treaties and maintains a number of reservations under these. The Australian Government made a commitment to conduct a comprehensive review of such… -
Legal
20 May 2022Webpage
Submission to Court as Intervener and Amicus Curiae
The Commission has the power to intervene, with leave of the Court, in proceedings that involve issues of race, sex and disability discrimination, human rights issues and equal opportunity in employment. The power to seek leave to intervene is contained in: -
Legal
14 December 2012Webpage
Information concerning Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (2010)
Recommendation 2: That the proposed Joint Parliamentary Committee on Human Rights be empowered to make recommendations in relation to the implementation of ICERD Committee Concluding Observations.