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14 December 2012Book page
Background paper: Immigration detention and visa cancellation under section 501 of the Migration Act (2010)
Under section 501 of the Migration Act 1958 (Cth) (Migration Act), a non-citizen’s 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’. -
Legal
6 February 2014SubmissionJudicial review of lawfulness of detention (2013)
The Australian Human Rights Commission provides this response to the questionnaire from the Working Group on Arbitrary Detention in relation to judicial review of the lawfulness of detention. -
14 December 2012Book page
Chapter 4 - Introduction: Social Justice Report 2009
Homelands still belong to the people, we want to build homes on our land and live there. When we come to the homeland we come back to the peace and quiet. ... It is a much better environment on the homelands, better things for the children.[1] -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechSite navigation
I would also like to thank the Law Council of Australia and its Advisory Committee on Indigenous Legal Issues for inviting me to deliver this address, and to take part in the customary law panel discussion later today. -
14 December 2012Book page
Social Justice Report 2006: Appendix 4: Second International Decade of the World’s Indigenous People
This Appendix reproduces materials approved by the United Nations General Assembly when establishing the Second International Decade of the World’s Indigenous People. It also extracts and briefly comments on the main provisions of the Program of Action for the Second Decade. -
10 April 2015Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations 2.2 National framework 2.3 Equality before the law and non-discrimination 2.4 Migrants, refugees and asylum seekers 2.5 Right to life, liberty and security of the person 2.1 Scope of international obligations Australia prides itself on its commitment to the promotion and protection of human rights and has announced its candidacy for election to the… -
14 December 2012Book page
Chapter 2 - Introduction: Social Justice Report 2009
Indigenous imprisonment rates in Australia are unacceptably high. Nationally, Indigenous adults are 13 times more likely to be imprisoned than non-Indigenous people[1] and Indigenous juveniles are 28 times more likely to be placed in juvenile detention than their non-Indigenous counterparts.[2] -
Aboriginal and Torres Strait Islander Social Justice
19 May 2014Submission
ALRC: Review of the Native Title Act 1993
Australian Human Rights Commission Submission to the Australian Law Reform Commission ALRC: Review of the Native Title Act 1993 14 May 2014 Downloads Download in PDF Download Word Table of Contents 1 Introduction 2 Recommendations 3 General Comments 4 The Native Title Act and its consistency with international human rights standards 4.1 The United Nations Declaration on the Rights of… -
14 December 2012Book page
Indigenous young people with cognitive disabilities
This section outlines current knowledge around Indigenous young people with cognitive disabilities and/ or mental health issues. It introduces concepts and best practice models from Australia and internationally. -
Legal
14 December 2012Webpage
Submission on the Inquiry into pay equity and associated issues related to increasing female participation in the workforce (2008)
The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the House of Representatives Standing Committee on Employment and Workplace Relations in its Inquiry into pay equity and associated issues related to increasing female participation in the workforce (‘the Inquiry’). -
Legal
27 October 2014Submission
Information concerning Australia’s compliance with the Convention Against Torture
Information concerning Australia’s compliance with the Convention Against Torture Submission by the Australian Human Rights Commission 17 October 2014 Download PDF Download Word Table of Contents 1 Introduction 2 Statutory powers of the Australian Human Rights Commission 3 Independent monitoring and inspection mechanisms, including ratification of the Optional Protocol 4 Domestic… -
Legal
14 December 2012Webpage
Northern Territory Emergency Response Review Board
The government has an obligation to take action to address violence and abuse, particularly where there is evidence that is it widespread. Governments that fail to do so are in breach of their obligations under the Convention on the Rights of the Child (CRoC), the International Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the International Convention on… -
14 December 2012Book page
Chapter 3: Remote Indigenous education: Social Justice Report 2008
...education is the engine room of prosperity and helps create a fairer, more productive society. It is the most effective way we know, to build prosperity and spread opportunity...[1] -
29 January 2013Book page
Appendix J – Examples of Best Practice from International Contexts
Introduction and Methodology As indicated in the body of the Report, the Review examined a range of international defence academies identified as bearing the greatest similarity to ADFA in terms of size, structure, or the wider contexts within which they functioned. [505] The Review conducted a broad ranging scan of Government and Defence Force inquiries, reports and evaluations; as well as… -
15 July 2014Book page
Chapter 3: How do we keep moving forward? A road map for our future
3.1 Introduction In chapters 1 and 2, I look back over the past 20 years that the Social Justice Commissioner position has been in place and think about the journey and our learning over this time. In this chapter, I want to explore how those lessons can take us forward to chart a confident course into the future and how the realisation of our rights can produce long term sustainable… -
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. -
Legal
14 December 2012Webpage
HREOC submission to Inquiry into Immigration Detention in Australia
Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act. -
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. -
Sex Discrimination
14 December 2012PublicationReport: Visit of the UN Special Rapporteur on violence against women
In April 2012, the current UN Special Rapporteur on violence against women, including its causes and consequences, Ms Rashida Manjoo, accepted an invitation to conduct a study tour to Australia. This was the first visit to Australia ever undertaken by the UN Special Rapporteur on violence against women -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Speech
Social Justice Report 2009 and the Native Title Report 2009 Launch
Good morning, I would like to begin by paying my respects to the Gadigal peoples of the Eora nation, the traditional owners of the land where we gather today. I pay my respects to your elders past and present. And thank you, Allen Madden, for your generous and warm welcome to country for all of us here at Redfern today.