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14 December 2012Book page
Native Title Report 2000: Chapter 2: Definition and extinguishment of native title by the common law
This year the High Court will decide fundamental issues about the nature of native title and the extent to which it is protected by the common law. In hearing the appeal of the Miriuwung, Gajerrong and Balangarra peoples from the decision of the Full Federal Court in Western Australia v Ward (1) the court will be called upon to arbitrate an old dispute that has never been settled; that between… -
Commission – General
14 December 2012SpeechEquality before the law
In the second century AD, Marcus Aurelius, a Roman emperor and Stoic philosopher, thanked one of his brothers for teaching him to value "the conception of the state with one law for all, based upon individual equality and freedom of speech, and of a sovereignty which prizes above all things the liberty of the subject."1 -
14 December 2012Book page
Improved rights protection for people with disability (2009)
The Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth) has made a range of significant changes to federal discrimination laws. The focus of this paper is on the major changes to the Disability Discrimination Act 1992 (DDA), which commenced for the most part on 5 August 2009. -
Legal
14 December 2012WebpageAustralian Citizenship Amendment (Citizenship Testing Bill) 2007
The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) which examines whether the applicant has satisfied the general eligibility requirements set out in sections 21(2)(d), (e) and (f). -
Legal
14 December 2012Webpage
Submission to the Law Reform Commission
"Not every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation, as required by article 4, paragraph 1. The Covenant requires that even during an armed conflict measures derogating from the Covenant are allowed only if and to the extent that the situation constitutes a threat to the life of the nation. If States parties consider invoking article 4… -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 5: The Disability Discrimination Act
The DDA covers discrimination on the ground of disability, including discrimination because of the use of a therapeutic device or aid;1 accompaniment by a carer or assistant;2 or accompaniment by an assistance animal.3 -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 5
Protecting the best interests of a child is one of the most important principles of international law and the Convention on the Rights of the Child (CRC) in particular. This chapter focuses on whether federal law currently protects the best interests of a child being raised by lesbian or gay parents. -
Legal
14 December 2012Webpage
Family Provisions Test Case
In performing its functions, the Commission must take account of the principles embodied in the Family Responsibilities Convention, in particular those relating to: -
Commission – General
14 December 2022Speech
2022 Human Rights Day Oration by Larissa Behrendt
"No More Just Tinkering at the Edges" Human Rights Day Oration by Distinguished Professor Larissa Behrendt AO 9 December 2022 I pay my respects to the Gadigal and the Elders who have kept knowledge on this country and shared so generously this unceded land. Before I start, I would like to thank the Commission for the honour of the 2021 Human Rights Medal. The award reflects a long-term… -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 3 - The Race Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 9
Social security is an income support system that acts as a safety-net for people who, for some reason, are unable to financially support themselves. Entitlements to social security are largely governed by the Social Security Act 1991 (Cth) (Social Security Act) and the A New Tax System (Family Assistance) Act 1999 (Cth) (Family Assistance Act). The payments are usually administered by Centrelink. -
Legal
14 December 2012Webpage
GRANT OF TEMPORARY EXEMPTION: MINISTER FOR TRANSPORT S.A. and OTHERS
By this instrument the Human Rights and Equal Opportunity Commission ("the Commission"), pursuant to an application under section 55 of the Disability Discrimination Act 1992 ("the Act") on behalf of the Minister for Transport of the State of South Australia, TransAdelaide and the South Australian Passenger Transport Board ("the applicants") grants an exemption in… -
Disability Rights
14 December 2012SpeechThe DDA and its impact in the area of Education
Perhaps it's just because I'm getting older, but I increasingly have the feeling that Australia is becoming a more sentimental and nostalgic nation. We have a Prime Minister whose vision for us is to be relaxed and comfortable. And many of us spent last night - after watching the final stages of the Australian cricket juggernaut's comprehensive winning of the ashes for the eighth time in a row -… -
Disability Rights
14 December 2012Webpage
World Wide Web Access: Disability Discrimination Act Advisory Notes ver 4.1 (2014)
Access for people with a disability to the web can in almost all cases be readily achieved if best-practice solutions are implemented. A complaint of disability discrimination is much less likely to succeed if reasonable steps have been taken to address accessibility during the design stage. -
Complaint Information Service14 December 2012Publication
ADR in the context of Anti-Discrimination and Human Rights Law(2000)
The aim of this paper is to examine the use of Alternative Dispute Resolution [3] (ADR) in the context of the administration of complaints under anti-discrimination and human rights law. -
Disability Rights
14 December 2012Speech
Focusing on Futures: Employment and Disability
I follow this custom wherever I go to speak in public. I think recognising Australia 's indigenous peoples and their prior ownership of this land in this way is more than just good manners. It is an important part of recognising our diversity as a nation. -
Legal
14 December 2012Webpage
Temporary exemptions under the Sex Discrimination Act 1984 (Cth)
Section 44 of the Sex Discrimination Act 1984 (Cth) (the Sex Discrimination Act) gives the Australian Human Rights Commission (the Commission) the power to grant temporary exemptions from certain provisions of the Sex Discrimination Act. Section 44 of the Sex Discrimination Act provides as follows. -
Legal
14 December 2012Webpage
Commission submissions: Gama
You can explore a report by the Australian Human Rights Commission regarding Qantas v Gama in relation to the Racial Discrimination Act (1975). -
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. -
14 December 2012Book page
Commission WEBSITE: Healthy Community Projects
The Program aims to address the many health problems such as poor nutrition, sugar diabetes, cancer and sexually transmitted diseases that are prevalent in Aboriginal communities.