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Legal
14 December 2012WebpageCommission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need… -
Legal
14 December 2012Webpage
Recommendation for temporary exemption: Tactile Ground Surface Indicators (Queensland Rail)
I recommend that, pursuant to an application under section 55 of the Disability Discrimination Act ("the DDA"), the Commission grant Queensland Rail a temporary exemption from sections 23 and 24 of the DDA so far as they require installation of Tactile Ground Surface Indicators. -
Legal
14 December 2012Webpage
Review Of The Claims Resolution Process In The Native Title System - Submission (2006)
The Aboriginal and Torres Strait Islander Social Justice Commissioner under section 209 of the Native Title Act 1993 (NTA), is required to report annually to the Commonwealth Attorney-General on the operation of the NTA and its effect on the human rights of Aboriginal and Torres Strait Islander peoples. As part of this role, the Commissioner also provides submissions to government reviews and… -
Rights and Freedoms
11 June 2014SpeechThe Forgotten Freedoms – Freedom of Religion
It is a great pleasure to deliver a Blackfriars Lecture. A few weeks ago I gave a speech to the Sydney Institute outlining the approach I plan to take to human rights as the Federal Commissioner titled ‘The Forgotten Freedoms’. In this speech I outlined that I have concerns about the key freedoms of expression, worship, association and property rights. Reasserting them will be the focus of my… -
14 December 2012Book page
Social Justice Report 2003: SUMMARY SHEET SEVEN: ADDRESSING FAMILY VIOLENCE IN INDIGENOUS COMMUNITIES
There is no issue currently causing more destruction to the fabric of Indigenous communities than family violence. This has been acknowledged by all levels of government in recent years, with a number of significant inquiries and initiatives undertaken or commenced at the federal, state and territory level to address its impact. -
14 December 2012Book page
Commission WEBSITE: Healthy Community Projects
The Remote and Rural Training Unit in Dubbo NSW has taken a proactive approach to two familiar problems that face small rural towns: the departure of young people from country towns and the inability of these towns to attract and retain health care workers. It is well documented that there are severe shortages of trained health professionals in remote and rural regions throughout Australia… -
14 December 2012Book page
Native Title Report 2003 : Introduction
This is my fifth report to the Australian parliament on the effect of the Native Title Act 1993 on the human rights of Aboriginal and Torres Strait Islander Peoples. In these five years of reporting my main focus has been on the legislative and judicial developments in native title law and the effect of these developments on the recognition of Indigenous rights to land. I have also followed the… -
Disability Rights
15 April 2024Webpage
Ambassador Profile - Lisa Stafford
Lisa shares some of her achievements, projects she’s working on, the value of lived experience and tips for employers and people with disability. -
Legal
14 December 2012Webpage
Native title payments discussion paper – Optimising Benefits from Native Title Agreements
The Aboriginal and Torres Strait Islander Social Justice Commissioner has produced 15 Native Title Reports which include analyses and recommendations on the operation of the native title system and its effect on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples.[1] Particularly relevant is the Native Title Report 2003, which provides a detailed comparative analysis of… -
14 December 2012Book page
Annual Report 06-07: Chapter 6 - Aboriginal and Torres Strait Islander Social Justice
I have spent a lot of time this past year convincing people from all walks of life that the challenges facing Indigenous peoples in this country are not insurmountable. -
14 December 2012Book page
Appendix 2: Recommendations from the Social Justice Report 2009 - Social Justice Report 2010
In accordance with the functions set out in section 46C(1)(a) of the Australian Human Rights Commission Act 1986 (Cth), this report includes 4 recommendations on justice reinvestment to reduce Indigenous over-representation in the criminal justice system, 7 recommendations for the protection of Indigenous languages and 1 recommendation for sustaining Aboriginal homeland communities. -
Rights and Freedoms
14 December 2012Opinion piece
Opening a door on the bleak truth of homelessness (2010)
The following opinion pieces have been published by the President and Commissioners. Reproduction of the opinion pieces must include reference to where the opinion piece was originally published. -
Legal
17 May 2023Speech
Access to justice
Your Honours, distinguished guests: I acknowledge the traditional owners of the land, the Wurrindjeri people of the Kulin nation and pay my respects to their elders, especially to those elders present today. May also thank our host the Hon Justice Mordy Bromberg and the ICJ for inviting me to this, the ninth Community Opening of the Legal Year. Together we celebrate the partnership of the… -
Rights and Freedoms
11 May 2016Speech
Human rights across the Tasman: a widening gulf
I am honoured to have been invited to give this lecture at the Law School of the University of Canterbury, funded by the generosity of the Sir Eric Hotung Fellowship. While I had settled the subject matter of this lecture, I thought it would be helpful to know what other Hotung Fellows had discussed in previous years. I looked at last year’s lecture and was pleased to see that Professor… -
Legal
14 December 2012Webpage
Anti-Money Laundering and Terrorism Financing Bill 2006
The Human Rights and Equal Opportunity Commission (‘the Commission’) makes this submission to the Senate Legal and Constitutional Affairs Committee’s (‘the Committee’) inquiry into the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 (Cth) (‘the Bill’). -
Commission – General
14 December 2012Speech20 Years of Mandatory Immigration Detention: the imperative for community-based arrangements for those who seek Australia’s protection
Thank you for your kind introduction. I wish to start today by acknowledging the Kaurna People of the Adelaide Plains, the traditional owners of the land on which we are meeting. On behalf of the Australian Human Rights Commission, I pay my respects to their elders past and present. -
14 December 2012Book page
Law Society Journal 2009: What will constitute a legitimate interference with rights?
A recent decision of the full Federal Court in Bropho v State of Western Australia[1] has created the opportunity to reconsider the operation of s 10 of the Racial Discrimination Act 1975 (Cth). Section 10(1) of the RDA is unique in discrimination law around the country. It is concerned with the operation and effect of laws rather than with making the actions of individuals unlawful. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
1) Background to Hotham's work with asylum seekers 2) Asylum Seekers in the Community 3) Addressing the needs of asylum seekers in the community 4) The transition from detention to the community 5) Positive Outcomes 6) Appendix 1: General Community Release Issues 7) Appendix 2: Summary of the Swedish Model of Detention -
Legal
14 December 2012Webpage
Commission submissions: CEO
For the purposes of this Act, a person (discriminator) discriminates against another person (aggrieved person) on the ground of a disability of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition: -
Legal
14 December 2012Webpage
Commission submissions: Mulrunji
The Human Rights and Equal Opportunity Commission (‘the Commission’) seeks leave to appear in this inquest pursuant to s 36(1)(c) of the Coroners Act 2003 (Qld) (‘the Coroners Act’).