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Legal
14 December 2012WebpageCommission Submission: Ashmore
1. The Coroner has jurisdiction, relevantly, "to investigate a death". See s 19(1) of the Coroner's Act 1996 (CI) (the Act). Also see the definition of "investigation" in s 3 and ss 8, 25(1) - (3), 27(3) - (5), 44(2), 46(2) and 50 of the Act. Cf s 6(1) of the Coroner's Act 1920 (CI) which limited the jurisdiction of the Coroner, relevantly, "to inquire into the manner and… -
Commission – General
28 May 2013WebpageSummary of UPR recommendations and responses
The Australian Government accepted in full or in part over 90 percent of recommendations made by other Governments in Australia's first Universal Periodic Review process. The Commission will report regularly on progress in implementation of these commitments, which will also be examined at Australia's next UPR appearance in 2016. Report including UPR recommendations (PDF). Full government… -
Legal
14 December 2012Webpage
Migration Amendment (Immigration Detention Reform) Bill 2009
Recommendation 1: The Bill should be amended to ensure that detention in immigration detention centres is only used as a last resort and for the shortest practicable time, as committed to in Value 5. The words ‘The Parliament affirms as a principle that’ in section 4AAA(2) should be deleted. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
"There have been times in our history when Australia has been generous and open hearted and times when it has been very mean. In 1938 at the Evian Conference about dealing with Jewish and other refugees from Hitler, Australia took a flint hearted position, saying that we did not want to import Europe's problems, or to increase racial differences, and that refugees should get back in the… -
Legal
6 April 2018Submission
Migration Amendment (Clarification of Jurisdiction) Bill 2018
Downloads Introduction The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Legislation Committee in its Inquiry into the Migration Amendment (Clarification of Jurisdiction) Bill 2018 (Cth) (Bill) introduced by the Australian Government. Summary This Bill proposes to amend Part 8 of the Migration Act 1958 (Cth) (Migration Act) which… -
Legal
31 May 2016Speech
Hotung Fellowship Public Lecture 2016
Human rights across the Tasman: a widening gulf. I am honoured to have been invited to give this lecture at the Law School of the University of Canterbury, funded by the generosity of the Sir Eric Hotung Fellowship. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Australian Early Childhood Association (AECA) is a national non-government, non-profit advocacy organisation that speaks out on behalf of all young children from birth to eight years. It stands as the voice for children and aims to ensure that the best interests of children are always at the forefront of decision making. Members include childcare services, schools, peak early childhood… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The current mandatory detention policy of the Commonwealth of Australia breaches the fundamental principle of the rights of the child which is that children should be able to develop to their full potential. The policy breaches every article of the Convention on the Rights of the Child. The policy violates the right to health as established by international law. -
Legal
14 December 2012Webpage
Submission to the Green Paper on Homelessness - Which way home?
HREOC commends the Commonwealth government on making homelessness a priority issue and recognising that adequate housing is fundamental to social inclusion. Recognition of homelessness as a human rights issue should assist in the development of policy and programs to address homelessness. -
14 December 2012Book page
6. Australia's Immigration Detention Policy and Practice
Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals)… -
Commission – General
14 December 2012Speech
Opening statement by Commission President, Catherine Branson QC to the Joint Select Committee on Australia's Immigration Detention Network
Thank you for the opportunity to appear before the Committee this afternoon. The Australian Human Rights Commission welcomes the opportunity to comment on Australia's immigration detention system in this forum. -
Rights and Freedoms
14 December 2012SpeechPRESENTATION GIVEN TO KYOTO BAR ASSOCIATION: Dr Sev Ozdowski OAM (2003)
Let me start by saying that Australia is a culturally diverse society with 23% of Australians being born overseas. Amongst others, there is a sizeable Japanese community and, as you may hear from my accent, I myself was born in Poland. -
14 December 2012Book page
A last resort? Useful links
Media Pack Homepage Statements by Dr Sev Ozdowski, Human Rights Commissioner (Audio Files for Download) Inquiry Commissioner and Assistants Biographies About the Inquiry Inquiry Methodology Terms of Reference Useful Links and Resources -
Rights and Freedoms
14 December 2012Speech
"Immigration Detention - the Current Position"
The Australian HR protection system is a direct result of the history and development of white settlement in this country. If you compare us with the United States, we Australians had no free settlement, no War of Independence and little or no nation building by private entrepreneurship; rather it was done by way of British government fiat. -
Commission – General
14 December 2012Speech
Australian Red Cross National Conference
I wish to start today by acknowledging the traditional owners of the land on which we are meeting. On behalf of the Australian Human Rights Commission, I pay my respects to their elders past and present. -
6 February 2015Book page
Appendix 3 – List of public submissions
A total of 239 submissions were received by the Inquiry. Of these: 105 were public submissions; 69 were public submissions with name withheld; and 65 were confidential and were not published. The following are all public submissions received by the Inquiry. These submissions have been made available on the Commission website. Submission Submission No. 11 year old detained in Nauru OPC 64 12… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
As a former teacher at the Woomera IRPC, I was able to witness at first hand, the conditions of detention and the resulting outcomes for Asylum Seekers. -
14 December 2012Book page
Media - National Inquiry into Children in Immigration Detention
Inquiry Homepage | Submissions to the Inquiry | Hearing Dates and Transcripts | Terms of Reference | Background Papers National Inquiry into Children in Immigration Detention - Media Releases 2005 Enough is enough - a time to review immigration detention (12 May 2005) HREOC welcomes independent inquiry into circumstances surrounding Ms Rau's detention (7 February 2005) 2004 A day to… -
14 December 2012Book page
Executive Summary
This executive summary is divided into two parts. Part A sets out the major findings and recommendations of the National Inquiry into Children in Immigration Detention (the Inquiry). Part B provides a chapter summary of the Inquiry's report: A last resort? -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
The Council for Civil Liberties NSW (CCL) considers mandatory detention of asylum seekers to be a breach of Australia's international obligations. The CCL is of the view that mandatory detention of children is morally indefensible particularly given Australia's ratification of the UN Convention on the Rights of the Child (CROC)