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Legal14 December 2012Webpage
Commission submissions: Al Masri
1. The Human Rights and Equal Opportunity Commission (the "Commission") files these written submissions pursuant to the orders entered 24 September 2002. The Commission makes no submissions on the respondent's motion of 18 September 2002. On the assumption that the appeal is competent, the Commission's submissions address the proper construction of s.196 of the Migration Act 1958 (Cth) … -
Legal14 December 2012Webpage
Commission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need… -
Legal26 February 2016Submission
Submission to Inquiry into the Regulatory and Legislative Aspects of Surrogacy Arrangements (2016)
Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Surrogacy and human rights 4.1 What is surrogacy? 4.2 Human rights issues in surrogacy arrangements 5 Current regulation of domestic surrogacy in Australia 6 Options for future domestic regulation: increase consistency and certainty domestically 6.1 Previous attempts at national consistency 6.2 Identifying people willing to enter… -
Asylum Seekers and Refugees14 December 2012Book page
AusHRC 51: Brown v Commonwealth of Australia (Department of Immigration & Citizenship)
I attach my report of an inquiry into the complaint made pursuant to s 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Ms Maria Brown. -
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: -
Legal14 December 2012Webpage
Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012 (2012)
Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012 Australian Human Rights Commission Submission to the Senate Legal and Constitutional Affairs Committees October 2012 Download in PDF [390 KB] Download in Word [300 KB] Table of Contents 1 Introduction 2 Background 3 Summary 4 Recommendations 5 Mental and physical health impacts of prolonged and indefinite… -
Disability Rights8 March 2018Opinion piece
25 years of the Disability Discrimination Act
It was 25 years ago this month that the Disability Discrimination Act 1992 (Cth) (the ‘DDA’) commenced operation. On 1 March 1993, Australians with a dis¬ability had a national law that was designed to provide them with equality in many areas of life. Over the past quarter of a cen¬tury, the DDA has contributed significant¬ly to social change for people with disability and has been used by -
Legal14 December 2012Webpage
Minister for Immigration v Ah Hin Teoh
1. On 20 November 1989 the Convention on the Rights of the Child ("the Convention") (ATS 1991 No 4) was adopted by the General Assembly of the United Nations and opened for signature, ratification and accession (see Cth Gaz No GN I, 13 January 1993, p 85). On 22 August 1990 the Convention was signed for Australia (see ATS 1991 No 4, P 35, n 1). On 2 September 1990, pursuant to Article… -
Legal14 December 2012Webpage
Inquiry into Australia’s agreement with Malaysia in relation to asylum seekers
Inquiry into Australia’s agreement with Malaysia in relation to asylum seekers Australian Human Rights Commission Submission to the Senate Standing Committees on Legal and Constitutional Affairs 14 September 2011 Download in PDF [497 KB] Download in Word [366 KB] Table of Contents 1 Introduction 2 Background 3 Summary 4 Recommendations 5 Detention of people awaiting transfer 6 Transfer to… -
14 December 2012Book page
Bringing them Home - Chapter 15
Nunga baby taken away `Where's my mama' hear him say `You takin' me to Goonyaland?' Carried and fed by white man's hand Growing up different Never knowing Aunts and uncles, cousins growing Mama cries - Government pays Children lost to city ways