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14 December 2012Book page
Native Title Report 2002: Summary of the Validation & Confirmation of Extinguishment Provisions in the NTA
In the High Court’s formulation of native title in Mabo (No 2), [1] delivered on 3 June 1992, it was made clear that in the past, governments could validly grant interests in land that would extinguish native title. These grants could be made without payment of compensation to native title holders. [2] At least that was as far as the common law was concerned. The Court did not need to… -
Legal
14 December 2012WebpageFederal Discrimination Law 2005: Chapter 8: Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the FMC and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) and the Federal Magistrates Act 1999 (Cth).1 -
Legal
14 December 2012Webpage
Commission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need… -
Legal
2 August 2017Submission
Australian Citizenship Legislation (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017
Australian Citizenship Legislation (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 21 July 2017 Table of Contents 1 Introduction 2 Summary 3 Recommendation 4 Additional requirements for people seeking citizenship by conferral 4.1 Four years permanent residency 4.2 English language requirements 4.3 Integration into the Australian community 4.4 … -
14 December 2012Book page
Native Title Report 2002: Extinguishment of Native Title
The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds… -
14 December 2012Book page
The Rights of People with Disabilities: Areas of Need for Increased Protection: Chapter 5: Criminal Justice System
Because of the variability of the information collected by project workers in each State/Territory, this chapter on the criminal justice system takes the form of a general discussion of the situation in , with details of specific State or Territory practices provided where possible. Considerable use has been made of New South Wales examples, due to the detailed contribution received from that… -
Legal
14 December 2012Webpage
Commission submissions: Baird
1. The Human Rights and Equal Opportunity Commission (‘the Commission’) has been granted leave to intervene in the hearing of this matter, in the exercise of its function under s 20(1)(e) of the Racial Discrimination Act 1975 (Cth) (‘the RDA’). -
Legal
14 December 2012Webpage
Recommendation for refusal of temporary exemption applied for under section 55 of the Disability Discrimination Act: Victoria Department of Infrastructure
We have received by email on 18 May the attached application from Victoria's Department of Infrastructure. The application (MS Word ) seeks an exemption for a period of 18 months from the physical access requirements of the Disability Standards for Accessible Public Transport in relation to proposed trial services to operate between Daylesford and Ballan and between Mt Egerton and Ballan. -
14 December 2012Book page
HREOC Social Justice Report 2002: Introduction
This year's Report discusses a large number of initiatives currently underway or in development at the federal, state and territory levels in relation to policy making in Aboriginal and Torres Strait Islander Affairs. It notes for example the following positive developments in Indigenous policy: