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14 December 2012Book page
Native Title Report 2001: Chapter Two: Resourcing Equality
The recognition and protection of native title and the participation of Indigenous people in decisions affecting their land are critical priorities within a human rights framework. -
Legal14 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… -
Legal14 December 2012Webpage
Northern Territory Emergency Response Review Board
The government has an obligation to take action to address violence and abuse, particularly where there is evidence that is it widespread. Governments that fail to do so are in breach of their obligations under the Convention on the Rights of the Child (CRoC), the International Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the International Convention on… -
Legal30 January 2019Submission
Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018
1. Executive summary The Australian Human Rights Commission (the Commission) makes this submission to the Parliamentary Joint Committee on Intelligence and Security, in response to its review of the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 (Cth) (the Bill). The Explanatory Memorandum states that the purpose of the Bill is to introduce measures to… -
14 December 2012Book page
3 Theme One - Economic Independence for Women: Listening Tour Report
I'm a mother who has been out of the paid workforce for two years and will probably be for the next 4 years, until my children are ready for pre-school. My return to work will probably be on a part-time basis and I will probably have to re-start my career after so many years out so I don't expect that I will earn very much. I never thought this would be the case - I studied for many years, earned… -
15 July 2014Book page
Chapter 3: How do we keep moving forward? A road map for our future
3.1 Introduction In chapters 1 and 2, I look back over the past 20 years that the Social Justice Commissioner position has been in place and think about the journey and our learning over this time. In this chapter, I want to explore how those lessons can take us forward to chart a confident course into the future and how the realisation of our rights can produce long term sustainable… -
14 December 2012Book page
Summary of Observations following the Inspection of Mainland Immigration Detention Facilities 2007
This report is a brief summary of the observations made by the Human Rights Commissioner and staff of the Australian Human Rights Commission (the Commission). These summary notes and recommendations are based on what we personally observed and heard from staff and detainees during our immigration detention facility inspections. -
14 December 2012Book page
Chapter 1: A cause for cautious optimism: The year in review - Social Justice Report 2011
As I reflect on the events that have taken place during the reporting period from 1 July 2010 to 30 June 2011, I see cause for optimism whilst also acknowledging there are still some areas that remain a concern. Over the last year we have reached some major milestones. For instance, we have seen the election of the two co-chairs and a board to the National Congress of Australia’s First… -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (NTA). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
14 December 2012Book page
Chapter 4 - Introduction: Social Justice Report 2009
Homelands still belong to the people, we want to build homes on our land and live there. When we come to the homeland we come back to the peace and quiet. ... It is a much better environment on the homelands, better things for the children.[1] -
14 December 2012Book page
Native Title Report 2008 - Chapter 2
In my Native Title Report 2007, I reported on the changes that were made to the native title system during that year. The changes, which were made through two pieces of legislation which amended the Native Title Act, primarily affected: -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 8
Same-sex couples are not eligible for a range of rebates and tax concessions available to opposite-sex couples. This means same-sex couples may end up paying more tax than opposite-sex couples because tax legislation does not recognise their relationship. -
14 December 2012Book page
13. Recreation for Children in Immigration Detention
The opportunities for children to engage in play and recreation have a critical impact on a child's experience of detention. However, the detention environment brings with it inherent difficulties in providing adequate opportunity for play and recreation. -
14 December 2012Book page
15. Religion, Culture & Language for Children in Immigration Detention
The Convention on the Rights of the Child (CRC) requires Australia to protect children's rights to cultural identity, language and religion. The most effective way of ensuring enjoyment of these rights is to encourage and allow refugee and asylum-seeking children to participate in cultural and religious activities in the community. The Australian community is well equipped to respond to this need… -
14 December 2012Book page
It's About Time - Chapter 4
4.1 Introduction 4.2 The key issues 4.3 Workplace relations framework 4.4 Recognising the relationship between paid work and caring work 4.5 Certainty and flexibility in the workplace 4.6 Structural change to support gender and carer equality 4.7 The need for expanded legal rights 4.8 Workplace culture and use of family-friendly policies 4.9 A life cycle approach to work and a universal approach… -
Legal14 December 2012Webpage
Inquest into the deaths of David Gurralpa and Robert Plasto-Lehner (2009)
Part 2.2: The obligations imposed by the right to life (article 6 of the ICCPR), including that by arresting and detaining individuals police take responsibility to care for their life. -
14 December 2012Book page
Native Title Report 2003 : Chapter 1
Australia is a wealthy nation. In 2003, Australia ranked fourth in the United Nations Human Development Index (1) indicating Australians enjoyed one of the highest qualities of life in the world. Overall, Australia ranks equal fourth with the highest life expectancy at birth (79.0 years) suggesting Australians are among the healthiest people in the world. (2) -
Legal14 December 2012Webpage
Submission - REVIEW OF THE OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 (2006)
1. The Human Rights and Equal Opportunity Commission (HREOC) welcomes the opportunity to make this submission to the Department of Employment and Workplace Relations on the review of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act). -
Legal14 December 2012Webpage
HREOC submission to Inquiry into Immigration Detention in Australia
Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act. -
14 December 2012Book page
HREOC Report No. 29
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into complaints made by Ms Susan Campbell that the human rights of her daughter were breached by the Commonwealth of Australia. I have found that acts or practices of the Commonwealth were inconsistent with or contrary to the human rights of Ms Campbell’s…
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