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14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
There is no task more important than building a world in which all of our children can grow up to realise their full potential in health, peace and dignity. [1] -
Legal
14 December 2012WebpageHREOC 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
Comments by Aboriginal and Torres Strait Islander Social Justice Commissioner on MMSD (Australia) Project (2001)
In early 2001 AMEEF, as managers of the MMSD (Australia) project, commissioned various studies including a baseline assessment of the minerals industry and five other areas of interest: mining and biodiversity, stakeholder engagement, mining-Indigenous agreements, managing minerals wealth, and industry-based initiatives for sustainable development. These studies will contribute to a final report… -
14 December 2012Book page
Social Justice Report 2000: Chapter 5: Reparations
The Senate Legal and Constitutional References Committee conducted an inquiry this year into the federal government's implementation of recommendations made by the Human Rights and Equal Opportunity Commission in Bringing them home. The inquiry considered proposals for the establishment of an alternative dispute resolution tribunal for members of the stolen generations; and considered the… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. INTRODUCTION 2. HUMAN RIGHTS IMPLICATIONS FOR MINORS OF AUSTRALIA'S MANDATORY DETENTION 3. ADDITIONAL ISSUES FOR UNACCOMPANIED MINORS IN DETENTION 4. ALTERNATIVES TO DETENTION 5. CONCLUSION -
Legal
14 December 2012Webpage
Migration Amendment (Review Provisions) Bill 2006
In order to ensure that the views of the children in conflict with the law are duly taken into account, the following must be provided as a minimum in order to ensure their participation in accordance with articles 12 and 40 of the Convention; -
14 December 2012Book page
Appendix 2: Chronology of Events Relating to the Administration of Indigenous Affairs - Social Justice Report 2011
Social Justice Report 2011 Back to Contents Appendix 2: Chronology of Events Relating to the Administration of Indigenous Affairs 1 July 2010 – 30 June 2011 DATE EVENT / SUMMARY OF ISSUE 2 July 2010 Torres Strait Islander sea rights recognised by Federal Court The Federal Court recognised the Torres Strait Regional Sea Claim Group’s native title rights over about 37 800sq. km of sea between… -
15 July 2014Book page
Chapter 2: Looking back on 20 years of native title and the Social Justice Commissioner role
2.1 Introduction [1] Successive Aboriginal and Torres Strait Islander Social Justice Commissioners (Social Justice Commissioners) have always shown constant leadership and advocacy in reporting on Aboriginal and Torres Strait Islander peoples’ rights to our lands and waters in the 19 Native Title Reports written between 1994 and 2012. [2] These Reports consistently show that social justice… -
Legal
14 December 2012Webpage
Australia’s compliance with the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
A. Introduction B. The ratification of OPCAT. C. A new torture offence D. Treatment in Immigration Detention E. A system of complementary protection F. Mechanisms to check diplomatic assurances are honoured G. Engagement with the UN Treaty Body process -
25 September 2013Book page
4 Permissible limitations of the ICCPR right to freedom of expression
As noted above, article 19(3) of the ICCPR permits limitations on the rights recognised in article 19(2), but those limitations must be: (1) provided by law and (2) necessary for respect of the rights or reputations of others, for the protection of national security, public order, or public health or morals. The HRC in its General Comment 34 has emphasised that: when a State party imposes -
Rights and Freedoms
14 December 2012SpeechAsia Pacific Forum meeting: Dr Sev Ozdowski OAM (2001)
Although the first Human Rights Commission was established by federal legislation in 1981, ICESCR was not added to its mandate (unlike the ICCPR). The omission was repeated when the new (current) Commission was established in 1986. -
Legal
14 December 2012Webpage
Commission submissions:the Queen
Apart from the express statutory authority for such intervention it would appear that the non party intervention may only be allowed where the intervener can provide arguments or facts which will contribute to the Court's reaching an informed decision, and where the significance of those arguments or facts is sufficient to outweigh any expense and/or delay which may be caused to the parties by… -
14 December 2012Book page
Annual Report 2001-2002: Chapter 4
The 2000 Social Justice Report is the second by Dr Jonas. It tabled in both houses of the federal Parliament on 28 March 2001. The theme of the report is reconciliation and human rights. -
14 December 2012Book page
Appendix 4: 'Accessible' and 'available': Social Justice Report 2008
The following definitions of ‘accessible’ and ‘available’ were sourced from the Australian Human Rights Commission’s Rural and Remote Education Inquiry Briefing Paper.[1] -
14 December 2012Book page
Recommendations: Social Justice Report 2009
In accordance with the functions set out in section 46C(1) (a) of the Australian Human Rights Commission Act 1986 (Cth), this report includes 4 recommendations on justice reinvestment to reduce Indigenous over-representation in the criminal justice system, 7 recommendations for the protection of Indigenous languages and 1 recommendation for sustaining Aboriginal homeland communities. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechSite navigation
I’d like to begin by acknowledging the Gadigal people of the Eora Nation on whose land we are today and pay my respects to their elders. I’d like to thank the organisers for inviting me to speak, and I would like to acknowledge you, the Aboriginal field staff. You have an important role and I pay tribute to you and your work. -
14 December 2012Book page
Native Title Report 2001: Chapter Three: Negotiating co-existence through framework agreements
A stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land is emerging through negotiation and agreement-making. Native title agreements are increasingly seen as an important tool in defining the rights of native title holders over their land. But here, as in other aspects of native title, there is concern that there are currently… -
14 December 2012Book page
Annual Report 2008-2009: Chapter 11
While its role and functions, as set out in legislation, are primarily directed towards human rights issues within Australia, the Commission undertakes an international education and training role, with a specific focus on agencies in the Asia-Pacific region. -
Aboriginal and Torres Strait Islander Social Justice
10 April 2013Publication
Draft guidelines: Ensuring income management measures compliancy
The Commission has issued these draft guidelines to provide practical assistance to Parliament and the Government in designing and implementing income management measures that protect human rights and are consistent with the RDA. They are also intended to increase awareness among affected communities about the application of the RDA to income management regimes. -
14 December 2012Book page
Annual Report 2001-2002: Chapter 8
The term of the Sex Discrimination Commissioner, Susan Halliday, expired on 26 April 2001 and the federal Attorney - General, the Hon. Daryl Williams, AM, QC, MP announced the appointment of Ms Pru Goward as Sex Discrimination Commissioner for a five-year term on 29 June 2001. Ms Goward commenced her appointment on 30 July 2001. In the interim, the President acted as Sex Discrimination…