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14 December 2012Book page
Mandatory detention laws in Australia
Briefing paper Outlines and evaluates the state and territory laws. The paper describes the impact of the laws and provides a summary of criticisms made by others. -
14 December 2012Book page
Mandatory detention laws in Australia
Mandatory detention laws were enacted in Western Australia and the Northern Territory in 1996 and 1997 respectively. Essentially these laws require courts to impose minimum sentences of detention or imprisonment for people convicted of certain offences. They effectively remove judicial discretion in relation to those offences. -
14 December 2012Book page
Same-Sex: Same Entitlements: Laws
The following 58 laws must be amended to eliminate discrimination against same-sex couples and their children in the area of federal financial and work-related entitlements. -
Legal
17 January 2019Speech‘Vulnerability and the Law’ - UNSW
University of New South Wales Law Journal Launch of Thematic Issue on ‘Vulnerability and the Law’ Vol 41(3) 2018 27 September 2018 * Check against delivery Acknowledgements I pay my respects to the Gadigal people of the Eora nation and to their elders past and present—as well as to emerging leaders. Thank you to Lachlan Peake and Veronica Sebesfi for the invitation to speak tonight. Can I… -
Legal
20 March 2023Submission
Religious Educational Institutions and Anti-Discrimination Laws
The Australian Human Rights Commission (Commission) makes this submission to the Australian Law Reform Commission (ALRC) in relation to its inquiry into Religious Educational Institutions and Anti-Discrimination Laws. -
Employers11 February 2015Webpage
A quick guide to Australian discrimination laws
Explore key information about Australia's anti-discrimination laws for employers. -
14 December 2012Book page
Mandatory detention laws in Australia (2001)
This paper gives a brief overview of the mandatory detention laws currently operating in the Northern Territory and Western Australia. It examines their operation and gives some insights into how they have impacted on particular groups including young people and Indigenous Australians. It gives a critique of mandatory detention by reference to Australia's international human rights obligations,… -
Technology and Human Rights
30 October 2024SubmissionGuardrails for High-risk AI
Learn more about the need for an Australian Artificial Intelligence Act to better protect human rights -
Rights and Freedoms
6 June 2019SpeechLaw, Lawyers and Human Rights
Law Week Breakfast Law Society of Western Australia Perth, 13 May 2019 Emeritus Professor Rosalind Croucher AM, President, Australian Human Rights Commission Acknowledgements Thanks to Greg McIntyre SC, President of the Law Society of Western Australia, for the wonderful invitation to speak at the opening of Law Week in Perth. I would like to begin my contribution by acknowledging the… -
Rights and Freedoms
22 January 2014Opinion piece
Freedoms versus anti-discrimination laws? A false debate
Responsibility, anti-discrimination laws, human rights and freedoms - these words have been at the center of an ideological debate about how to protect fundamental freedoms, including freedom of speech, freedom of association and freedom from detention without trial. But if we are serious about securing these fundamental freedoms in Australian law, we must legislate to protect them, just as… -
Rights and Freedoms
1 May 2013Webpage
Prohibition on retrospective criminal laws
Learn how people can't be found guilty of a criminal offence that was not viewed as a criminal offence under the law at the time when it was committed. -
3 October 2014Opinion piece
Time to strengthen our lax surrogacy laws
Nationwide regulations are urgently needed to cover situations when Australians are engaging surrogates to have children for them. The range of assisted reproductive technologies available today presents many legal, moral and ethical challenges. These are challenges we can no longer ignore and require national, state and international leadership. In Australia, altruistic surrogacy is… -
Rights and Freedoms
29 July 2021Webpage
Face masks and federal discrimination law
At various times during the COVID-19 pandemic, state and territory governments in Australia have made it a requirement for people to wear a face mask in certain settings. The different rules and exemptions around face masks are set out in the relevant state and territory public health orders. The latest mask-wearing requirements can be found on the appropriate state and territory government… -
Children's Rights
25 August 2023Media ReleaseNational Children’s Commissioner slams ‘shocking’ new Qld youth justice laws
The National Children’s Commissioner has expressed alarm at the Queensland Government rushing through legislation to allow children to be detained indefinitely in adult detention facilities, in a further contravention of the Queensland Human Rights Act. -
Rights and Freedoms
14 December 2012Opinion piece
Opinion Pieces - Scrutinising our counter-terrorism laws (2008)
In 2006, I was a member of the Government-appointed Sheller Committee, which recommended the establishment of an independent review of counter-terrorism laws. -
Rights and Freedoms
31 January 2019Submission
Review of the Family Law System (2018)
As Australia’s family law system becomes ever more complex and needs to respond to a greater diversity of clients, it is timely to review how it protects the human rights of individuals and their families, in particular the most vulnerable in our communities, including children and victims of family and domestic violence. -
Legal
14 December 2012Webpage
A Human Rights Guide to Australia's Counter-Terrorism Laws
This guide provides a basic overview of Australia’s counter-terrorism laws from a human rights perspective. It discusses the following questions: -
Race Discrimination
31 October 2024Media ReleaseDismantling systemic racism – perspectives from First Nations peoples
Governments must recognise systemic racism and its devastating impacts on Australia’s First Nations peoples and take urgent action to address it, a new report has found. Race Discrimination Commissioner Giridharan Sivaraman said, “Systemic racism, in law, policies and service delivery, has serious and ongoing consequences, including poor mental and physical health, economic disadvantage,… -
Rights and Freedoms
14 December 2012Opinion piece
Opinion Pieces - Immigration detention laws need reviewing (2008)
This is an often depressing tour that we at the Human Rights and Equal Opportunity Commission (HREOC) undertake every year to monitor the conditions of immigration detention in Australia for compliance with internationally recognised human rights obligations. We tour and inspect the facilities, interview the staff and meet with the detainees themselves. -
Rights and Freedoms
17 January 2019Media Release
Encryption law falls short on rights safeguards
Human Rights Commissioner Edward Santow warns significant threats to human rights remain despite some improvements to Australia’s encryption law. “Police and security agencies must be equipped with robust powers to protect our national security. However, these powers need independent oversight, to ensure any impact on our human rights is proportionate to the relevant risks,” said…