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Legal14 December 2012Webpage
Commission submission - s134
1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the… -
14 December 2012Book page
5 Focused age assessment interviews
Focused age assessment interviews can be a useful technique for assessing age. Interviews of this kind have been used in Australia in a range of different ways since late 2010. -
29 January 2015Book page
1 Introduction
1.1 A snapshot of children in detention 1.2 Australian law and the detention of children 1.3 Does the Government owe a duty of care to children in detention? 1.4 International law and the detention of children My hope finished now. I don’t have any hope. I feel I will die in detention. (Unaccompanied 17 year old, Phosphate Hill Detention Centre, Christmas Island, 4 March 2014) Drawing by… -
Legal14 December 2012Webpage
Submission to the Senate Legal and Constitutional Legislation Committee
1.1 Wide-ranging amendments to the structure and functions of the Human Rights and Equal Opportunity Commission ("the Commission") are proposed by the Australian Human Rights Commission Legislation Bill 2003 (Cth) ("AHRC Bill"). -
14 December 2012Book page
7 Some further aspects of the treatment of the young Indonesians
As discussed in Chapter 1, Australia’s international human rights obligations require that individuals who say that they are children be given the benefit of the doubt and treated as minors unless there is proof to the contrary. In the case of unaccompanied children, this should lead to consideration by the State of what steps need to be taken to ensure their special protection and care. -
Legal14 December 2012Webpage
Submission: MIGRATION LITIGATION REFORM BILL 2005
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 Litigation Reform Bill 2005 (‘the Bill’). -
14 December 2012Book page
Community arrangements for asylum seekers, refugees and stateless persons - Recommendations
Recommendation 2: The need to detain should be assessed on a case-by-case basis taking into consideration individual circumstances. That assessment should be conducted when a person is taken into immigration detention or as soon as possible thereafter. A person should only be held in a closed immigration detention facility if they are individually assessed as posing an unacceptable risk to the… -
14 December 2012Book page
An age of uncertainty - Foreword
This report makes disturbing reading. It documents numerous breaches by Australia of both the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights. As a nation that is understandably anxious that the rights of our own children should be respected when they come into contact with the authorities of other countries, it is troubling that between late… -
14 December 2012Book page
Annual Report 2001-2002: Chapter 6
Dr Ozdowski has made public education on human rights a priority for his term. Other priority areas are the elderly in our ageing society and children. Dr Ozdowski is working to progress the Commissions 2000 recommendations for alleviating age discrimination, as set out in the report Age matters: a report on age discrimination. -
Legal14 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'). -
14 December 2012Book page
Annual Report 2002-2003: Chapter 1
The Commission is a national independent statutory body established under the Human Rights and Equal Opportunity Commission Act 1986. It has a President and five Commissioners. The five positions are currently held by three persons. Please refer to the organisational chart for further information. -
Commission – General23 February 2016Webpage
Senate file listing: 1 July 2015 - 31 Dec 2015
FileId: 2009/15-6 Create Date 24-Aug-2015 Name: CLOSE THE GAP CAMPAIGN Title: PUBLIC AWARENESS AND EDUCATION - SJU - MONITORING & REPORTING AGENCY LIAISON FileId: 2011/78-2 Create Date 31-Aug-2015 Name: INFORMATION PUBLICATION SCHEME Title: INFORMATION MANAGEMENT - LEGAL COMPLIANCE FileId: 2011/78-3 Create Date 31-Aug-2015 Name: INFORMATION PUBLICATION SCHEME Title: INFORMATION… -
14 December 2012Book page
Report No. 40: Complaints by immigration detainees against the Commonwealth of Australia (Department of Immigration and Citizenship, formerly the Department of Immigration and Multicultural and Indigenous Affairs) and GSL (Australia) Pty Ltd (2008)
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of an inquiry by the former President of the Commission into complaints made by immigration detainees against the Commonwealth of Australia. The former President found that the Commonwealth had breached the human rights of the complainants pursuant to articles 10(1) and 17(1) of… -
Asylum Seekers and Refugees14 August 2014Speech
Sister Clare Condon - Sanctioned Violence: What does it do to our society and relationships?
I acknowledge the Gadagal People of the Aora nation on whose land we meet. I pay my respects to the elders past and present. I come here today as an ordinary citizen. I am not an academic, nor a lawyer. I am simply a concerned citizen. There are many nuances to the meaning of the word violence. It is about violating another; abusing and damaging; often about the abuse of power. It is… -
14 December 2012Book page
Annual Report 2001-2002: Chapter 3
As a result of the enactment of the Human Rights Legislation Amendment Act (No. 1) 1999 (Cth) the jurisdiction of the Commission to conduct public inquiries into complaints was transferred on 13 April 2000 to the Federal Court and Federal Magistrates Service. However, the Commission retained the jurisdiction to complete those public inquiries it had commenced prior to 13 April 2000. During 2000&… -
Asylum Seekers and Refugees8 July 2013Webpage
The Commission's role
Asylum seekers, refugees and people in immigration detention Over the last decade the Commission has worked to promote and protect the human rights of asylum seekers, refugees, and people in immigration detention. This work has included: i nvestigating complaints about alleged breaches of human rights in immigration detention conducting visits to immigration detention facilities and… -
14 December 2012Book page
Annual Report 2008-2009: Chapter 2
One of the Commission’s central functions is to undertake education programs that increase public awareness and generate discussion of human rights and anti-discrimination issues within Australia. -
Rights and Freedoms18 November 2014Speech
Fraser Lecture 2014
Professor Gillian Triggs President Australian Human Rights Commission Fraser Lecture Canberra Check against delivery Thank you Dr Andrew Leigh for your invitation and introduction. It is an honour to be here in your electorate of Fraser in north Canberra. I would like to acknowledge that we meet on the land of the Ngunnawal people, and pay my respects to their elders, past and present. As we… -
Legal14 December 2012Webpage
Commission submission - Martizi
1.1 On 5 March 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth). -
Legal14 December 2012Webpage
Submission: MIGRATION LITIGATION REVIEW
1. The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited to make submissions in relation to the Migration Litigation Review (‘the Review’), being conducted by Ms Hilary Penfold QC, First Parliamentary Counsel.