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Legal
27 March 2013PublicationMinister for Immigration and Citizenship v SZQRB [2013] FCAFC 33
Summary: The Full Court of the Federal Court restrained the Minister for Immigration and Citizenship from removing the applicant asylum seeker to Afghanistan until his claims for protection have been assessed according to law. The Court held that the International Treaties Obligations Assessment was affected by jurisdictional error as the wrong legal test was applied and procedural fairness was… -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 1 - Introduction
It also considers the provisions of the Age Discrimination Act 2004 (Cth) (‘ADA’, see Chapter 2) in relation to which, at the date of publication, there have only been a limited number of cases. -
Rights and Freedoms
29 September 2017SpeechReligion and Human Rights in Modern Australia: Friends, Foes or Ships in the Night?
Western Sydney Open Forum CHECK AGAINST DELIVERY Acknowledgements • Traditional Aboriginal owners: the Darug Nation • Dr Sev Ozdowski AM If you’ve read the papers or seen the news in the last few weeks, you might be forgiven for thinking that human rights are somehow radically incompatible with religion, or at least with ‘religious freedom’. This couldn’t be further from the truth. In fact,… -
Rights and Freedoms
18 May 2013Webpage
The collective aspect of freedom to manifest religion or belief
Article 18 of the ICCPR explicitly includes the freedom to manifest beliefs ‘in community with others’. As prominent human rights scholar Yoram Dinstein explains: ... freedom of religion, as an individual right, may be nullified unless complemented by a collective human right of the religious group to construct the infrastructure making possible the full enjoyment of that freedom by… -
29 November 2016Book page
Executive Summary
In accordance with statutory duties, the Aboriginal and Torres Strait Islander Social Justice Commissioner reports to Parliament each year on the enjoyment and exercise of the human rights of Aboriginal and Torres Strait Islander peoples. This includes a requirement to report on the operation of the Native Title Act 1993 (Cth) and its impact on the human rights of Aboriginal and Torres… -
Legal
14 December 2012Speech
Dignity, Fairness and Good Government: The Role of a Human Rights Act - Lord Bingham
It would clearly test to destruction the tolerance of the ordinary red-blooded Australian to have a Pom getting off the plane from London and telling them how to run their country. So I shall not presume to say how the current human rights debate in this country should be resolved. But perhaps I may contribute some thoughts, prompted by our own experience in the United Kingdom, acknowledging as I… -
Rights and Freedoms
14 December 2012Speech
Human Rights in Contemporary AustraliaDr Sev Ozdowski (2001)
Despite its rather grand title, this presentation will be a relatively modest attempt to set out the key challenges for human rights in Australia as I see them at the outset of my term as Human Rights Commissioner. -
14 December 2012Book page
Native Title Report 2011: Appendix 3: Recommendations from the Native Title Report 2011
1.1 That the Australian Government work in partnership with Aboriginal and Torres Strait Islander peoples to develop a national strategy to ensure the full implementation of the United Nations Declaration on the Rights of Indigenous Peoples. -
Commission – General
14 December 2012SpeechSite navigation
I was invited to pick my own topic for discussion. As an ex-judge being invited to speak to students of the law, I assumed that I was expected to speak on something related to the administration of the law from a judge's perspective. And as President of Australia's Human Rights and Equal Opportunity Commission (HREOC), I assumed I was expected to mention the role of human rights promotion in our… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The current mandatory detention policy of the Commonwealth of Australia breaches the fundamental principle of the rights of the child which is that children should be able to develop to their full potential. The policy breaches every article of the Convention on the Rights of the Child. The policy violates the right to health as established by international law. -
14 December 2012Book page
Woman of the World - What about Beijing?
In 1995, the Fourth World Conference on Women was held in Beijing, China. It is frequently referred to as the Beijing Conference. The Conference was the culmination of twenty years of work by the global women's movement, and resulted in the Beijing Platform for Action (BPFA). -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 7 - Damages and Remedies
(4) If the court concerned is satisfied that there has been unlawful discrimination by any respondent, the court may make such orders (including a declaration of right) as it thinks fit, including any of the following orders or any order to a similar effect: -
14 December 2012Book page
Bringing them Home - Chapter 13
Lots of white kids do get taken away, but that's for a reason - not like us. We just got taken away because we was black kids, I suppose - half-caste kids. If they wouldn't like it, they shouldn't do it to Aboriginal families. Confidential evidence 357, South Australia. -
14 December 2012Book page
Social Justice Report 2006
This appendix provides an overview of the main events with regard to the administration of Indigenous affairs to 30 June 2006. It commences with a summary table and is followed by a detailed description of each event. -
Rights and Freedoms
14 December 2012Speech
Launch Mental Health Brochures & Fact Sheets
Diversity in Health is a conference about health. Multicultural Mental Health Australia is a multicultural health service. Vision Australia deals with issues and needs of people with print disability. What have these services and issues got to do with human rights, and why am I launching them? I'd like to reflect on these questions, and strongly argue that there is a fundamental connection… -
Aboriginal and Torres Strait Islander Social Justice
8 February 2018Publication
Close The Gap - 10 Year Review (2018)
Ten-years after its commencement, it is time to critically reflect on why Australian governments have not yet succeeded in closing the health gap to date, and why they will not succeed by 2030 if the current course continues. -
24 April 2015Book page
Annex 2: Implementation status of first cycle UPR recommendations
No Country Recommendation Response Implementation 1 Republic of Moldova Ratify the OPCAT Accepted Not implemented 2 Azerbaijan Speed up process of ratification of OPCAT Accepted Not implemented 3 Maldives Ratify OPCAT and designate a National Preventive Mechanism Accepted Not implemented 4 New Zealand High priority ratification of the OPCAT and establish a National Preventative Mechanism… -
Legal
14 December 2012Webpage
Information concerning Australia and the Convention on the Rights of the Child
Recommendation 1: The Commission recommends that the Australian Government fully incorporate into Australian law its human rights obligations to children, including through the adoption of a federal Human Rights Act. -
14 December 2012Book page
HREOC Annual Report 2003-2004 : Appendices
The International Labour Organisation Convention 111 deals with discrimination in employment and occupation. Australian adherence to this Convention provides that all people have the right to equal treatment in employment and occupation without discrimination on the basis of: -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
4. I was the Business Manager at the Woomera Immigration, Reception and Processing Centre (WIRPC) from May 2000 to the end of May 2001. I was the senior DIMIA official at the WIRPC.