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Introduction Proposed purpose Where should comments be sent What is a 'Living Will'? Reasons for discussing living wills Status of living wills How can a person make a living will? When could a living will be invoked? Can a living will be revoked or changed? How can capacity be determined? Legislative considerations Advocacy implications Limitations of Living Wills Benefits of having a living…

The High Court's decisions in Yarmirr [1], Miriuwung Gajerrong [2], Wilson v Anderson [3] and Yorta Yorta [4] clarify the law with respect to the recognition and extinguishment of native title. The consequences of the law of native title for Indigenous people are now starkly apparent. It is thus timely that the 2002 Native Title Report evaluates these principles against the human rights standards…

There are not enough services available to students with disability to match the requirements. In early education, a mix of services is often required. In schools, physical access limits choice, as does provision of support services and a selection of schools prepared to provide full access to the curriculum. Rural, regional and isolated areas provide minimal option (see also transitional…

Just send my children to school, and let them be in freedom. They should live in a human good atmosphere, they should learn something good, and not the things they are learning here.(1)

This chapter considers some of the Commonwealth’s practices regarding the use of wrist x-ray analysis as a means of assessing chronological age for the purposes of criminal prosecution. It highlights situations where the reliance on wrist x-rays as evidence of age was contrary to stated Australian Government policy; or where it contributed to individuals who were in fact children, or who…

The following section outlines the relevant legal and policy framework, including the international human rights framework. 8.1 International legal framework The rights of older persons are protected by a number of key international human rights treaties. [27] However, there is no specific United Nations convention on the rights of older persons. [28] Some of the key rights protected under …

This appendix summarises the main findings from research and consultations conducted by the Human Rights and Equal Opportunity Commission between 2001 and 2006 that relate to family violence and abuse in Indigenous communities. The summary has also been published in a more detailed research paper prepared by the Social Justice Commissioner in 2006 entitled Ending family violence and abuse in…

Dr Jonas has focused this report on young Indigenous people young between the ages of 15 and 29. The Indigenous population is young, with a median age of 20. Over the next decade a high proportion of Indigenous people will reach working age and be ready to take on adult responsibilities. From this group will emerge Indigenous Australia's future leaders.

Family law plays a role in the `placement and care' of Indigenous children when parenting disputes come before the Family Court of Australia (except in WA where the State Family Court deals with all family law matters) or those lower courts, presided over by magistrates, which have power to deal with them. The parents do not have to be married: children born outside marriage are treated in the…

On 21 June 2007, the Australian Government announced a ‘national emergency response to protect Aboriginal children in the Northern Territory’ from sexual abuse and family violence.[1] This has become known as the ‘NT intervention’ or the ‘Emergency Response’. The catalyst for the measures was the release of Report of the Northern Territory Board of Inquiry into…