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Rights and Freedoms
14 December 2012Speech"Immigration Detention - the Current Position"
The Australian HR protection system is a direct result of the history and development of white settlement in this country. If you compare us with the United States, we Australians had no free settlement, no War of Independence and little or no nation building by private entrepreneurship; rather it was done by way of British government fiat. -
22 July 2013Book page
Chapter 4: Implementation of Review Recommendations
This chapter outlines the structure and processes for implementing the Review’s recommendations. It describes the overarching framework and approach to reform at ADFA. This chapter also identifies risks to implementation of recommendations and the sustainability of cultural change. 1 In summary: The Audit is confident that the recommendations are being implemented with a view to creating… -
14 December 2012Book page
HREOC Report No.14
This report to the Attorney-General concerns an inquiry by the Human Rights and Equal Opportunity Commission ("the Commission") into a complaint made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOCA"). The subject of this report is a complaint of age discrimination made by Mr Andrew Hamilton who was employed by the Commonwealth in the… -
Legal
14 December 2012WebpageReview of Australia’s Fourth Periodic Report on the Implementation of the International Covenant on Economic Social and Cultural Rights
Recommendation 2: The Australian Government pass a federal Human Rights Act that includes recognition and protection of economic, social and cultural rights. -
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. -
Business and Human Rights
30 November 2022SpeechExecutive discretion in a time of COVID-19
Responses to the COVID-19 pandemic have required very quick action by governments. But those responses have also involved significant limitations on people’s rights and freedoms, especially freedom of movement, and implemented through executive power often with limited parliamentary involvement. -
Legal
14 December 2012Webpage
Commission submission: IVF
(a) whether section 8 of the Infertility Treatment Act 1995 (Vic) ('ITA') is inconsistent, in terms of section 109 of the Constitution, with section 22(1) of the Sex Discrimination Act 1984 (Cth) ('SD Act'); and -
Disability Rights
18 August 2015PublicationReflections - first 5 years of the Disability Discrimination Act
As I reach the end of my appointment as the first Disability Discrimination Commissioner, and in the light of proposed structural and funding changes to the Commission, I am drawn to reflect upon the theory and practice, challenges and developments, lessons and achievements, of the first five years of operation of the Disability Discrimination Act, and to look towards directions for the next five… -
Disability Rights
14 December 2012Speech
Hot Topics
Can I also acknowledge Blake Dawson Waldron lawyers for providing the venue and facilities, and the NSW Disability Discrimination Legal Service for their initiative in organising this forum. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
1. BACKGROUND TO UNAA's CONCERN 2. THIS INQUIRY 3. AUSTRALIA'S INTERNATIONAL HUMAN RIGHTS OBLIGATIONS 4. MANDATORY DETENTION OF CHILDREN, and ALTERNATIVES 5. CHILD ASYLUM SEEKERS IN DETENTION AND THE COMMUNITY 6. IMPACT OF DETENTION ON THE DEVELOPMENT OF CHILDREN 7. MEASURES REQUIRED TO PROTECT INTERESTS OF CHILDREN 8. MEASURES FOR PROTECTING INTERESTS OF CHILD ASYLUM SEEKERS AND REFUGEES 9… -
Legal
14 December 2012Webpage
Submission - Inquiry into Older People and the Law (2006)
ADA: Age Discrimination Act 2004 (Cwth) CEDAW: Convention on the Elimination of all forms of Discrimination Against Women DDA: Disability Discrimination Act 1992 (Cwth) EOWA: Equal Opportunity for Women in the Workplace Agency HREOC: … -
14 December 2012Book page
HREOC Report No. 27
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint made by Ms KJ on behalf of herself and her son MJ. I have found there to have been an act done on behalf of the Commonwealth which was inconsistent with and contrary to the human rights of MJ. -
14 December 2012Book page
Social Justice Report 2000: Chapter 5: Reparations
The Senate Legal and Constitutional References Committee conducted an inquiry this year into the federal government's implementation of recommendations made by the Human Rights and Equal Opportunity Commission in Bringing them home. The inquiry considered proposals for the establishment of an alternative dispute resolution tribunal for members of the stolen generations; and considered the… -
Legal
14 December 2012Webpage
Inquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2011
Recommendation 2: The Migration Act should be amended to provide that detention of unlawful non-citizens in immigration detention facilities must only be used as a measure of last resort. There should be a clear presumption against the detention of children for immigration purposes. -
14 December 2012Book page
HREOC - Annual Report 2001 - 2002: Chapter 6: Human Rights
Dr Sev Ozdowski was appointed Human Rights Commissioner in December 2000 for a five year term. He is also the acting Disability Discrimination Commissioner. -
Commission – General
14 December 2012SpeechARE WE CROSSING THE LINE?: FORUM ON NATIONAL SECURITY LAWS AND HUMAN RIGHTS
This paper deals with two aspects of the bill: the preventative detention orders and the new sedition offence. It does not touch on the problematic control orders. -
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
Commission Website: National Inquiry into Children in Immigration Detention
Australian Lawyers for Human Rights (ALHR) is a network of Australian lawyers interested in furthering awareness and advocacy of human rights in Australia. ALHR promotes the practice of human rights law in Australia and works with Australian and international human rights organisations to achieve this aim. -
14 December 2012Book page
AusHRC 47: Mr Heyward v Commonwealth of Australia (Department of Immigration and Citizenship)
I attach my report of an inquiry into the complaint made pursuant to sК11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Heyward. -
Legal
14 December 2012Webpage
ASIO, ASIS and DSD
I regret to say that international human rights experts, including those of the UN system, are unanimous in finding that many measures which States are currently adopting to counter terrorism infringe on human rights and fundamental freedoms.