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Legal
14 December 2012WebpageCommission submissions: Toonen & Croome
1. The Human Rights and Equal Opportunity Commission ("the Commission"), by summons dated 11 March 1996, has sought leave to intervene Of, in the alternative, to appear as amicus curiae in the within proceedings. -
Legal
14 December 2012Webpage
Commission Submission - ON COMMON DIFFICULTIES FACING ABORIGINAL WITNESSES
The communication difficulties that may be faced by Aboriginal people in the legal system have long been recognised.1 In the Queensland context, these have been well documented by Dr Diana Eades 2 and the Criminal Justice Commission (CJC).3 These issues are also dealt with in detail in the Equal Treatment Benchbook of the Supreme Court of Queensland (‘the Queensland Benchbook’)4 and… -
14 December 2012Book page
Bringing them Home - Appendix 6
The Protector of Aborigines made the legal guardian of every `aboriginal and half-caste child' whose parents are dead or unknown, or one of whom agrees, until the age of 21. Any two Justices, with the consent of the Governor and one of the parents, may apprentice `any half-caste or other aboriginal child having obtained a suitable age' until the age of 21 provided that `due and reasonable… -
Legal
14 December 2012Webpage
Submission: MIGRATION AMENDMENT (JUDICIAL REVIEW) BILL 2004
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 (Judicial Review) Bill 2004 ('the Bill'). -
Disability Rights
14 December 2012SpeechThe DDA 20 Years On: Successes, Lessons and Future Directions (2012)
At this Summit in 2010, I talked about the crucial roles of a National Disability Insurance Scheme. They were in moving to a society that respects, protects, promotes and fulfils human rights for people with disability. I used the title Money Changes Everything - But What's Insurance Got to Do with It? -
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
Bill to remove Commissioner
I write to alert you to a Federal Government proposal to abolish the post of Aboriginal and Torres Strait Islander Social Justice Commissioner (together with the posts of Race Discrimination Commissioner, Sex Discrimination Commissioner, Disability Discrimination Commissioner and Human Rights Commissioner). Those interested in this matter may wish to make a submission to the Senate Legal and… -
Disability Rights
14 December 2012Speech
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Presentation to Ageing and Disability Department training workshop on Disability Action Plans Michael Small, Disability Rights Unit, HREOC. February 1999 -
Legal
14 December 2012Webpage
Recommendation for refusal of temporary exemption under the DDA: Airport Direct
This is a recommendation that the Commission refuse an application for temporary exemption under the Disability Discrimination Act (DDA) regarding a public transport service known as Airport Direct. -
Legal
14 December 2012Webpage
WORK AND FAMILY TEST CASE: Submission
Explore a work and family test case in relation to indirect sex discrimination made in the Australian Industrial Relations Commission. -
Legal
19 April 2013Publication
Casenote: Haraksin v Murrays Australia Ltd (No 2) [2013] FCA 217
Court finds Murrays discriminated by failing to provide an accessible coach service -
14 December 2012Book page
Native Title Report 2007: Chapter 2
Whether Indigenous peoples are able to gain full recognition and protection of their native title rights and interests, depends significantly on the process by which native title applications are resolved. -
14 December 2012Book page
Social Justice Report 2001: Chapter 4: Laws mandating minimum terms of imprisonment (‘mandatory sentencing’) and Indigenous people
On 13 April 2000, the Senate requested the Human Rights and Equal Opportunity Commission to inquire into all aspects of the agreement between the Northern Territory Government and the Commonwealth regarding the Territory’s mandatory sentencing regime; the consistency of mandatory sentencing regimes with Australia’s international human rights obligations; and Western Australia’s… -
Legal
14 December 2012Webpage
Submission on Extradition review discussion paper
1.1 The Human Rights and Equal Opportunity Commission (‘HREOC’) is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’). It is Australia's national human rights institution. 1.2 Its functions are set out in section 11(1) of the HREOC Act and include the power to promote an understanding and acceptance, and the public discussion, of… -
31 July 2013Book page
5 Can a person seek review of a decision under section 501 to refuse or cancel a visa?
5.1 Access to merits review Depending on the circumstances, a person who has an application for a visa refused or a visa cancelled under section 501 may be able to apply to the Administrative Appeals Tribunal (AAT) for review of the merits of the decision, or they may only be able to challenge the legality of the decision through the courts. Whether the person can apply for merits review by… -
Legal
29 August 2014Submission
Submission to Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014
Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014 Australian Human Rights Commission Submission to the Parliamentary Joint Committee on Intelligence And Security 21 August 2014 Download PDF Download Word Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Human Rights Framework 4.1 Article 17 – the Right to Privacy 4.2 Article 19 – Freedom of Expression 5 … -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set… -
Legal
14 December 2012Webpage
Submission - Proposed WA Human Rights Act (2007)
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other… -
14 December 2012Book page
Native Title Report 2005 : Annexure 4 : Chronology of events in native title 1 July 2004 - 30 June 2005
This table includes summaries of every native title determination that occurred during this period, and notable or interesting agreements; it does not include every Indigenous Land Use Agreement (ILUA) registered or other native title agreements made over this period, due to the large volume. A snapshot of applications, determinations and ILUAs from this period is provided at the end of this… -
14 December 2012Book page
The Road So Far – the Age Discrimination Act 2004 (Cth) (2011)
When the Age Discrimination Act 2004 (Cth) (the Age Discrimination Act or the Act) was introduced in 2004 it heralded a new era in the recognition of age discrimination in Australia. Subsequently, the Australian Human Rights Commission published a paper ‘Roadmap to the Age Discrimination Act’ which provided an analysis of the Act as it was conceived in 2004.[1]