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Business and Human Rights
30 November 2022SpeechExecutive discretion in a time of COVID-19
Responses to the COVID-19 pandemic have required very quick action by governments. But those responses have also involved significant limitations on people’s rights and freedoms, especially freedom of movement, and implemented through executive power often with limited parliamentary involvement. -
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… -
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… -
Legal
14 December 2012WebpageCommission Submission - Amicus Curiae - Jacomb v Australian Municipal, Administrative, Clerical And Services Union
General Recommendation No 5 Seventh Session, 1988 (Attachment Ten) General Recommendation No 23 Sixteenth Session, 1997 (Attachment Eleven) General Recommendation No 25 Thirtieth Session, 30 January 2004 (Attachment Twelve) -
Legal
14 December 2012Webpage
Commission Submission - Country v Beers
1. On 16 July 2003 the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner (the Commissioner) was granted leave to appear as amicus curiae in these proceedings, pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the HREOC Act). -
15 July 2014Book page
Chapter 1: How far have we come? Looking back on 20 years of the Social Justice Commissioner role
1.1 Introduction This year marks 20 years since the establishment of the Aboriginal and Torres Strait Islander Social Justice Commissioner (Social Justice Commissioner) role under the Australian Human Rights Commission Act 1986 (Cth). When I first started in this position I was asked if any of the previous Commissioners had left any words or notes of advice. I answered them ‘no, but they all… -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 7: Damages and Remedies
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: -
14 December 2012Book page
Social Justice Report 2001: Summary
1. Ten Years on from the Royal Commission into Aboriginal Deaths in Custody 2. Mutual Obligation, Welfare Reform and Indigenous Participation: A Human Rights Perspective -
Legal
14 December 2012Webpage
Commission Submission - Vijayakumar v Qantas
"unlawful discrimination" means any acts, omissions or practices that are unlawful under…[p]art 2 of the Disability Discrimination Act 1992 …and includes any conduct that is an offence under… Division 4 of Part 2 of the Disability Discrimination Act 1992… -
Disability Rights
14 December 2012SpeechMaguire: Presentation to Ozewai Conference
I've always been fascinated by numbers. Although remembering some of my maths exam results, I'm not so sure that they have been as fascinated by me. If you ask a group of people to say the first number that comes into their heads, you'll get a lot of 7's. Perhaps it's because we all have an intuitive awareness that 7 is the smallest number of faces of a regular polygon that cannot be constructed… -
Disability Rights
18 August 2015Publication
Reflections - first 5 years of the Disability Discrimination Act
As I reach the end of my appointment as the first Disability Discrimination Commissioner, and in the light of proposed structural and funding changes to the Commission, I am drawn to reflect upon the theory and practice, challenges and developments, lessons and achievements, of the first five years of operation of the Disability Discrimination Act, and to look towards directions for the next five… -
14 December 2012Book page
Social Justice Report 2004 : Appendix 1: Chronology of events relating to the introduction of new arrangements for the administration of Indigenous affairs, 2002 - 2004
This appendix provides an overview of the main events leading up to the introduction of the new arrangements for the administration of Indigenous affairs on 1 July 2004, as well as the key events which have occurred since that time to implement the new arrangements. -
Legal
14 December 2012Webpage
Criminal Code Amendment (Trafficking in Persons Offences) Bill 2004
At the hearing held 23 February 2005, the Commission took a number of questions on notice from Senator Ludwig. I am advised that the answers to the Honourable Senator's questions are as set out below. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 3
This chapter explains how the provisions of international human rights treaties protect same-sex couples and their children, in the context of accessing financial and work-related entitlements. In particular, this chapter focuses on the right to non-discrimination on the grounds of sexual orientation. It also describes how the breach of that right can interfere with a range of other basic human… -
Legal
14 December 2012Webpage
Commission submission - Minh Dung Luu
1. The Human Rights and Equal Opportunity Commission ("the Commission") was granted leave by his Honour Justice Marshall on 5 June 2001 to intervene in these proceedings pursuant to s 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the "HREOC Act"). -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - Howe v Qantas
In light of the issues raised during the hearing of the proceedings and in the parties’ written submissions, the Sex Discrimination Commissioner (‘the Commissioner’) seeks the Court’s leave to make the following supplementary submissions. -
Legal
15 October 2019Submission
Australian Citizenship Amendment (Citizenship Cessation) Bill 2019 (Cth)
The Australian Human Rights Commission makes this submission to the Parliamentary Joint Committee on Intelligence and Security with respect to its inquiry into the Australian Citizenship Amendment (Citizenship Cessation) Bill 2019. -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 4: The Sex Discrimination Act
The definitions of discrimination include both 'direct' and 'indirect' discrimination, with the exception of the definition of discrimination on the ground of family responsibilities, which is limited to direct discrimination. -
Legal
14 December 2012Webpage
Qantas v Gama
Explore a report by the Australian Human Rights Commission regarding Qantas v Gama in relation to the Human Rights and Equal Opportunity Commission Act. -
Legal
14 December 2012Webpage
Commission submissions: Bropho
3. HREOC makes no submissions about the factual findings. These submissions are concerned with the proper legal tests to apply and not the application of the facts under those tests.