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Legal
14 December 2012WebpageCommission Submission - Maslauskas v Qld Nursing
If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’. The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to… -
Commission - General
14 December 2012PublicationHREOC Annual Report 2003-2004 : Contents : Significant achievements : Statement from the President : Organisational Chart
It is now just over one year since I took up my appointment as President of the Commission. During this time, the world's attention has been focussed on the international terrorist threat and how governments, including our own, can contain and counter that threat. In Australia, the Commission has been mindful of the fact that any counter-terrorism measures must be enacted and administered in… -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 1: Introduction
Chapter 1: Introduction 1.1 Nature and Scope of this Publication 1.2 What is 'Unlawful Discrimination'? 1.2.1 'Unlawful Discrimination' Defined 1.2.2 Distinguishing 'Unlawful Discrimination' from 'ILO 111 Discrimination' and 'Human Rights' under the HREOC Act 1.1 Nature and Scope of this Publication Federal Discrimination Law 2005 provides an overview of significant issues in federal… -
Legal
14 December 2012Webpage
Consolidation of Commonwealth Discrimination law
Consolidation of Commonwealth Discrimination law Australian Human Rights Commission Submission to the Attorney-General’s Department 06 December 2011 Download in PDF [110 KB] Download in Word [471 KB] Table of contents 1 Introduction 2 Summary 3 Overall approach to the review 4 Meaning of Discrimination 4.1 Defining discrimination: A unified test (a) Separate and non-overlapping concepts of … -
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’)… -
Rights and Freedoms
1 May 2013WebpageFreedom of thought, conscience and religion or belief
Back to rights and freedoms: right by right Article 18 | Human Rights Committee General Comment | Commission work | More information | Comments Article 18 Article 18 of the ICCPR states: Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in … -
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: -
Rights and Freedoms
20 January 2021Webpage
International engagement
The Australian Human Rights Commission is the accredited national human rights institution (NHRI) for Australia. The Commission has a role engaging with UN human rights mechanisms, to promote and protect human rights both in Australia and within the international human rights arena. This section contains information on the Commission's bilateral and multilateral engagement with: UN human… -
14 December 2012Book page
Native Title Report 2002: Discrimination and native title
The resolution of the debate as to whether the extinguishment of native title by the common law and the Native Title Act 1993 (Cwlth) (‘NTA’) is racially discriminatory, depends upon the interpretation given to its two essential components: extinguishment and discrimination. The interpretation that the High Court has given to the extinguishment provisions of the NTA and its relationship…