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14 December 2012Book page
Native Title Report 2002: Recognition of native title
Native title is an intersection of two different legal systems and cultures. The way in which Australia chooses to give recognition to the relationship that Indigenous people have with their land, and the range of options it considers to express that relationship, are matters that affect the human rights of Indigenous people. -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
Rights and Freedoms
14 December 2012WebpageHuman Rights: Discrimination in Employment on Basis of Criminal Record
Australians who have a criminal record often face significant barriers to full participation in the Australian community. Trying to find a job is one of the areas of greatest difficulty for former offenders. This discussion paper explores one potential barrier to employment: discrimination in the workplace on the basis of criminal record. -
Aboriginal and Torres Strait Islander Social Justice
1 March 2016PublicationToomelah Review (1989)
On 15 June 1988 the Human Rights and Equal Opportunity Commission released the Toomelah Report, containing the results of its inquiry into the social and material needs of Aborigines in the New South Wales/Queensland border towns of Toomelah and Boggabilla. The Commission undertook at the time to review progress on the implementation of the Recommendations six months after its release. -
Legal
27 October 2014SubmissionInformation 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… -
Aboriginal and Torres Strait Islander Social Justice
1 March 2016Publication
Toomelah Report (1988)
The Toomelah community of five hundred Aboriginal people endures appalling living conditions which amount to a denial to them of the most basic rights taken for granted by most other groups in society, and by other Australian communities of similar size. Their houses are substandard and overcrowded, actually contributing to a range of diseases. The community has for decades lived without an… -
5 February 2015Book page
8 Primary school aged children in detention
8.1 Needs and development of children at this stage of life 8.2 Emotional health and wellbeing 8.3 The role of parents in detention 8.4 Physical environment of detention and resources 8.5 School education 8.6 Excursions out of detention 8.7 Findings specific to primary school aged children [They are] crying all day long ... tortured by sadness. Take the children out and keep us in. (Parent… -
14 December 2012Book page
Bringing them Home - Chapter 1
Our life pattern was created by the government policies and are forever with me, as though an invisible anchor around my neck. The moments that should be shared and rejoiced by a family unit, for [my brother] and mum and I are forever lost. The stolen years that are worth more than any treasure are irrecoverable. Confidential submission 338, Victoria. -
14 December 2012Book page
Select Bibliography on Rural and Remote Education in Australia
This bibliography has been prepared by the Rural Education, Research and Development Centre, Townsville, Qld according to guidelines established by the Human Rights and Equal Opportunity Commission to assist in its inquiry into aspects of rural and remote school education provision in Australia. It attempts to include highly relevant, more recent, seminal, theoretical and policy-oriented… -
14 December 2012Book page
DIAC Response to the 2011 Australian Human Rights Commission Statement on Immigration Detention at Curtin
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (AHRC) Public Statement on Immigration Detention in Curtin. -
Commission – General
14 December 2012SpeechFederal Anti-discrimination Law - 2004
In May last year I stepped down from my position as a Judge of the Federal Court to accept the role as President of HREOC. It has been a time of new challenges, such as the need to balance the legislative and administrative responsibilities that the Commission has been given by the federal government, with the important role of advocating for the rights of those on the margins of Australian… -
14 December 2012Book page
2008 Face the Facts - Chapter 2
In 2007-08, the number of new migrants who settled permanently in Australia was 205 940.[78] The Department of Immigration and Citizenship (DIAC) and the Australian Bureau of Statistics (ABS) defines ‘settled permanently’ as: -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission addresses some of the issues and questions raised in the background papers prepared by the Human Rights and Equal Opportunity Commission (HREOC) and in relation to the United Nations Convention on the Rights of the Child (1989) and the Convention Relating to the Status of Refugees (1951) and its 1967 Protocol (the Refugee Convention). The conclusions drawn in this submission arise… -
Commission – General
14 December 2012Webpage
Convention on the Rights of Persons with Disabilities - Human rights at your fingertips - Human rights at your fingertips
Recalling the principles proclaimed in the Charter of the United Nations which recognize the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world, -
Legal
14 December 2012Webpage
Submission: MIGRATION AMENDMENT (DESIGNATED UNAUTHORISED ARRIVALS) BILL 2006
1.1 The Human Rights and Equal Opportunity Commission (‘The Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 (‘the Bill’). 1.2 The Commission welcomes the opportunity to make this submission and thanks the… -
14 December 2012Book page
Native Title Report 2006: Chapter 1: Indigenous Perspectives on Land and Land Use
If a group’s traditional country is not in a mining area they escape the injury to country that mining represents but have little opportunity to really develop industry and commerce that could support their communities.1 -
Rights and Freedoms
22 July 2019Project
Free and Equal Conference
The Free and Equal conference was the centrepiece of a national conversation and once-in-a-decade event. The conference was held at the Hyatt Regency Sydney on Tuesday 8 October 2019. -
14 December 2012Book page
17. Major Findings and Recommendations of the Inquiry
In addition to the detailed findings in each of Chapters 5-16, the Inquiry has made the following major findings in relation to Australia's mandatory immigration detention system as it applied to children who arrived in Australia without a visa (unauthorised arrivals) over the period 1999-2002. -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 8 - Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the Federal Magistrates Court (‘FMC’) and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) (‘the Federal Court Act’) and the Federal Magistrates Act 1999 (Cth) (‘the Federal Magistrates 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.