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14 December 2012Book page
2 Biomedical markers and the assessment of chronological age
Since 2001, the primary method of assessing whether an individual is under the age of 18 years in the context of criminal proceedings in Australia has been through the analysis of an x-ray of the young person’s wrist. As this Inquiry is considering the treatment of young Indonesian males suspected of people smuggling who say that they are children, it is important to consider the… -
14 December 2012Book page
HREOC - Annual Report 2001 - 2002:Chapter 3: Legal Services
The Commission's jurisdiction to hear and determine complaints of unlawful discrimination ceased on 13 April 2000 with the commencement of the Human Rights Legislation Amendment Act (No.1) 1999 (Cth) and was transferred to the Federal Court and Federal Magistrates Service. The Commission retained the jurisdiction to complete those public inquiries that had commenced prior to 13 April 2000. -
Legal14 December 2012Webpage
Inquiry into the Sex and Age Discrimination Legislation Amendment Bill 2010 (2010)
the Commission in its Submission to the Senate Legal and Constitutional Affairs Committee on the inquiry into the effectiveness of the SDA in eliminating discrimination and promoting gender equality (the Senate Committee); and -
Disability Rights14 December 2012Speech
Understanding Disability Discrimination
In some ways I think I have been asked to teach my grandmother to suck eggs (though I am sure my own venerable forebear did no such thing!). I would say that there is no industry more skilled in the art of disability discrimination than the insurance and superannuation industry. Before you decide I am irretrievably biased against your work let me explain that, of course, I understand such… -
14 December 2012Book page
Bringing them Home - Chapter 19
In most cases of forcible removal government officials and agents were responsible for the removal under legislation or regulations. However, there were early cases of removal of children by missionaries without the consent of the parents. In Victoria the absence of government oversight of welfare services enabled churches and other non-government agencies to remove children from their families… -
14 December 2012Book page
Section 12 - Other actions that could be taken by the Australian Government to protect LGBTI people in Australia - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
The consultation received a number of suggestions about other ways in which the Australian Government could protect the human rights of LGBTI people in Australia. Many participants argued that while anti-discrimination legislation is an important step towards equality, it is essential that it is accompanied by other actions. Suggestions were often informed by personal experiences of… -
Commission – General14 December 2012Speech
ADR: an essential tool for human rights
I would like to begin by acknowledging the Elders and Traditional Owners of Darwin, the Larrakia People, and to thank them for the opportunity to visit this beautiful part of the country. After that very heartfelt welcome to country, I feel very privileged to be here this morning. -
14 December 2012Book page
Theoretical perspectives on bystander intervention
Models which account for the circumstances under which different bystander responses occur have been evolving since the 1970s, especially in the fields of criminology and social psychology. The notion of bystanders originated with the study of an event in New York where a young woman, Kitty Genovese, was raped and stabbed to death over a period of half an hour. During the attack, 38 witnesses… -
14 December 2012Book page
Living Spirit - Muslim Women's Project 2006: Appendices 3 and 4
Questions to consider: Using scenarios based on true stories of racial and religious discrimination and abuse under the themes of human rights, negative stereotyping and misconceptions, the hypothetical will ask the panellists ‘How would you respond’? This addresses the sets of standards policy and decision makers use to respond to incidents of discrimination and abuse. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
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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
Native Title Report 2008 - Appendix 2
Claimant application means an application made by Aboriginal people or Torres Strait Islanders under the Native Title Act for a determination that native title exists over a particular area of land or waters (s 61(1) Native Title Act). -
Legal14 December 2012Webpage
Commission submissions: Toonen & Croome
1. The Human Rights and Equal Opportunity Commission ("the Commission"), by summons dated 11 March 1996, has sought leave to intervene Of, in the alternative, to appear as amicus curiae in the within proceedings. -
14 December 2012Book page
Native Title Report 2005 : Chapter 4 : Leasing on Indigenous land: a human rights appraisal
This report has focused on proposals for the leasing or alienation of Indigenous land, with a specific focus on the Indigenous Land Tenure Principles released by the National Indigenous Council (NIC). The purpose of this Chapter is to discuss these Principles from a human rights perspective, with a particular focus on the right to development. -
Legal14 December 2012Webpage
Family Provisions Test Case
In performing its functions, the Commission must take account of the principles embodied in the Family Responsibilities Convention, in particular those relating to: -
14 December 2012Book page
Chapter 4: Beyond the Apology - an agenda for healing: Social Justice Report 2008
On 13 February 2008 Prime Minister Kevin Rudd, on behalf of the Australian Parliament, made a historic and long overdue national Apology to the Stolen Generations. With eloquence and emotion, Prime Minister Rudd said what so many Australians have wanted to say, and what so many Indigenous peoples have needed to hear: -
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
When the Tide Comes In: Towards Accessible Telecommunications for People with Disabilities in Australia
1G: First Generation. Describes the previous generation of mobile telephony. An example was the analogue-based AMPS system which predominated in Australia during the 1990s. 2G: Second Generation. Describes the current generation of mobile telephony. Examples are the GSM and CDMA technologies currently used in Australia and most other countries. 2.5G: Describes mobile telephony which is… -
14 December 2012Book page
DIAC Response to the 2011 Australian Human Rights Commission Statement on Immigration Detention in Villawood
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (AHRC) public statement on Immigration Detention at Villawood. -
Legal14 December 2012Webpage
Australia’s compliance with the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
A. Introduction B. The ratification of OPCAT. C. A new torture offence D. Treatment in Immigration Detention E. A system of complementary protection F. Mechanisms to check diplomatic assurances are honoured G. Engagement with the UN Treaty Body process -
Legal14 December 2012Webpage
Morton v. Queensland Police Service (2010)
The Australian Human Rights Commission (‘the Commission’) has sought leave to appear as amicus curiae in these appeal proceedings. The Commission does not argue for a particular outcome in the appeal, but rather seeks to identify the relevant principles of law for the assistance of the Court.