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Rights and Freedoms
14 December 2012ProjectClimate Change and Human Rights
Governments have traditionally approached climate change as an ecological problem, or more recently, as an economic one. So far, the social and human rights implications of climate change have not been widely recognised. The effects of climate change may threaten a broad range of internationally accepted human rights, including the rights to life, to food and to a place to live and work. In… -
14 December 2012Book page
Social Justice Report 2004 : Chapter 3 : Implementing new arrangements for the administration of Indigenous affairs
Part 1: What are the new arrangements for the administration of Indigenous affairs? -
14 December 2012Book page
Social Justice Report 2005: Chapter 3
The first twelve months of the federal government's new arrangements for the administration of Indigenous affairs has ended. The primary focus of this period has been on abolishing the Aboriginal and Torres Strait Islander Commission (ATSIC) and creating new processes to engage with local Indigenous communities and coordinate mainstream delivery of services to Aboriginal and Torres Strait… -
14 December 2012Book page
Sterilisation
This paper will highlight the findings of research examining Family Court and state Guardianship Tribunal's originating materials and written reports from 'experts' and family members. It includes all sterilisation cases involving minors that have proceeded to legal judgment in Australia between 1992-1998. The central assertion is that non-consensual sterilisation continues to be framed as a… -
14 December 2012Book page
Human Rights and Equal Opportunity Commission: Social Justice Report 2000
The defining feature of the past year has been the focus on reconciliation ... But as we reach this crucial stage in relations between Indigenous and non-Indigenous Australians, reconciliation has come to mean different things to different people. Reconciliation has been described as a 'peoples movement' ...having reached a level of community support that is now unstoppable. For the government it… -
Children's Rights
27 October 2017SpeechChildren’s rights to safety and to a holistic education
Good morning everyone and thank you Katharine O’Donnell, ANZELA National President, for inviting me to be part of what I hear has been a stimulating event to date and to present the Dr Ann Shorten Memorial Lecture. I too would like to acknowledge the traditional custodians of the land on which we meet today, the Gadigal people of the Eora Nation, and pay my respects to elders past, present… -
14 December 2012Book page
Social Justice Report 2005 : The Indigenous Health Challenge
I am recommending that the governments of Australia commit to achieving equality of health status and life expectation between Aboriginal and Torres Strait Islander and non-Indigenous people within 25 years. -
Legal
14 December 2012WebpageCommission Submission - Country v Beers
1. On 16 July 2003 the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner (the Commissioner) was granted leave to appear as amicus curiae in these proceedings, pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the HREOC Act). -
Disability Rights
14 December 2012SpeechThe DDA and employment of people with a disability
The standard sort of speech that is often delivered by people in my sort of position at this sort of event is a combination of pep talk and pamphlet, with some bits of a law lecture thrown in: telling people with a disability and their advocates that they have rights under discrimination law, and telling employers that they have responsibilities, and attempting to set out the terms and the effect… -
14 December 2012Book page
Native Title Report 2002: Discrimination and native title
The resolution of the debate as to whether the extinguishment of native title by the common law and the Native Title Act 1993 (Cwlth) (‘NTA’) is racially discriminatory, depends upon the interpretation given to its two essential components: extinguishment and discrimination. The interpretation that the High Court has given to the extinguishment provisions of the NTA and its relationship… -
14 December 2012Book page
Social Justice Report 2003: Appendix two: The Council of Australian Governments’ whole-of-government community trials initiative
This appendix provides a summary of the Council of Australian Governments (COAG) whole-of-government community trials initiative and its implementation in each state and territory. [1] -
Disability Rights
14 December 2012Speech
Dimensions of diversity in Australian civil society
It is a particular pleasure for me to have been invited here today to launch the City of Dandenong's Diversity Action Plan. Allow me a few moments to explain why. -
14 December 2012Book page
Native Title Report 2003 : Chapter 4: Native Title and Agreement Making : a Comparative Study
The failure in Australia to perceive native title and land rights as the basis on which to address Indigenous economic and social development has been evident at legal, policy and administrative levels. Legally, the increasingly narrow interpretation of native title by the High Court has, as Noel Pearson has pointed out, stripped native title of much economic meaning or benefit. -
14 December 2012Book page
RE: MINISTERIAL INQUIRY INTO GREENFIELDS EXPLORATION - BOWLER INQUIRY (2001)
Thank you for the opportunity to make submissions to the Ministerial Inquiry to identify strategies to increase resource exploration in Western Australia - the Bowler Inquiry. Enclosed is a copy of my submission which contains several recommendations. -
14 December 2012Book page
Social Justice Report 2001: Chapter 3: Indigenous governance and community capacity-building
Last year’s Social Justice Report noted that to date there has been insufficient attention by governments to processes which ensure greater Indigenous participation and control over service design and delivery as part of an overall strategy to redress Indigenous disadvantage and economic marginalisation. I observed that: -
Legal
14 December 2012Webpage
Discussion Paper "Australia's Children: Safe and Well - A National Framework for Protecting Australia's Children"
“If the measures were targeted solely to parents or families in need of assistance to prevent neglect or abuse of children, as they are in s123UC of the legislation, then some form of income management may be capable of being seen as an appropriate exercise of the governments ‘margin of discretion’ to ensure that families benefit from welfare and receive the minimum essentials… -
14 December 2012Book page
Social Justice Report 2004 : Media Pack
Thank you for joining me here this afternoon to launch the Social Justice Report 2004 and the Native Title Report 2004. Both reports were tabled in Parliament out of session last Friday. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechEssentials for Social Justice: Protecting Indigenous children
I 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, to the ancestors and to those who have come before us. And thank you, Alan Madden, for your generous welcome to country for all of us. -
14 December 2012Book page
Social Justice Report 2005 :
This report covers the period from 1 July 2004 to 30 June 2005. It considers two issues that are of major concern to Aboriginal and Torres Strait Islander peoples. -
Legal
14 December 2012Webpage
Submission to Court as Intervener and Amicus Curiae
The Human Rights and Equal Opportunity Commission (‘the Commission’) has sought leave to appear as amicus curiae in the hearing of both appeal proceedings. The Commission does not argue for a particular outcome in the appeal, but rather seeks to identify the relevant principles of law as they apply to the appeal for the assistance of the Court.