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25 September 2013Book page
6 Some regulatory challenges
The challenge of finding the appropriate balance between rights is not one which is specific to the Internet.It is difficult to know if Australian laws that limit freedom of expression in the interests of other rights, or on other permissible grounds, have ‘drawn the line’ appropriately without a comprehensive review of such laws. In New Zealand, a legislative review undertaken by the New… -
Legal
14 December 2012WebpageFederal 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: -
4 February 2015Book page
5 What does the law say about detaining children?
5.1 Mandatory detention and lawfulness 5.2 Arbitrariness 5.3 Review of detention 5.4 Shortest appropriate period of time 5.5 Decision-making in relation to children 5.6 Minimum conditions of detention 5.7 Duty of care 5.8 Findings in relation to detention law, policy and practice Both domestic and international human rights law are clear when it comes to the detention of children. The… -
14 December 2012Book page
Appendix 5 The use of statistical evidence
This short paper is concerned, first, to examine the significance in a particular case of statistical evidence; secondly, to examine what it means to prove a fact on ‘the balance of probabilities’; and finally to examine the significance of relying on statistical evidence to establish an accused person’s age in the context of s 236B of the Migration Act 1958 (Cth). -
Commission – General
24 May 2013WebpageCommission reports raising ICCPR Article 10
This page is intended to provide easier access to reports responding to complaints under the Australian Human Rights Commission Act which raise ICCPR Article 10 issues. All AHRCA reports are also found on our general reports page. No 56 - Sri Lankan refugees v Commonwealth of Australia (Department of Immigration and Citizenship) (2012) Detention of asylum seekers with adverse security… -
Employers29 April 2016Speech
HR Leaders Forum
Rights and Responsibilities: Creating Better Workplaces for all Australians -
14 December 2012Book page
Annual Report 06-07: Chapter 4 - Complaint handling section
The President of the Human Rights and Equal Opportunity Commission (HREOC) is responsible for the investigation and conciliation of complaints lodged under federal anti-discrimination and human rights law. Staff of HREOC’s Complaint Handling Section (CHS) assist the President to investigate and resolve complaints. The CHS also provides information to the public about the law and the… -
Disability Rights
14 December 2012SpeechDDA Standards and Regulation Impact Statements: Context and Process
Much of my mis-spent youth involved listening to rock bands. At that time the internet hardly existed, as opposed to the ubiquitous role it now plays in our lives. That's a shame for many reasons, one of them being that had it done so, I could have justified my time by contributing to www.kissthisguy.com . This is a site which lists what people thought were the words of rock songs, and then what… -
14 December 2012Book page
Living Spirit - Muslim Women's Project 2006: Appendices 3 and 4
Questions to consider: Using scenarios based on true stories of racial and religious discrimination and abuse under the themes of human rights, negative stereotyping and misconceptions, the hypothetical will ask the panellists ‘How would you respond’? This addresses the sets of standards policy and decision makers use to respond to incidents of discrimination and abuse. -
14 December 2012Book page
Native Title Report 2006: Chapter 5: The Argyle Participation Agreement
The Indigenous Land Use Agreement (ILUA) and Argyle Management Plan Agreement (AMPA) together are arguably the most comprehensive arrangements ever made between a resource company and traditional owners negotiated in Australia. They are the result of one of the most comprehensive agreement processes undertaken with traditional owners. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
As Commissioner for Children in Tasmania, my Office is set up under Part 9 of the Children, Young Persons and their Families Act 1997 ("the Act"). The Act is informed by the United Nations Convention on the Rights of the Child, and has been in operation in Tasmania since 1st July 2000. -
Commission – General
14 December 2012Speech
President Speech: A human rights-based approach to immigrant women’s issues (2011)
I would like to begin by joining other speakers in acknowledging the Wurundjeri people of the Kulin nation, the traditional owners of the land upon which we meet. I pay my respects to their elders, both past and present. -
Commission – General
14 December 2012Speech
International Human Rights Day Address
In keeping with the theme of today's awards, I want to welcome you all here to celebrate our local champions, many of whom are with us as nominees for the 2004 Human Rights Medal and Human Rights Awards. -
Education14 December 2012Webpage
Human Rights Explained: The International Bill of Rights
Explore the International Bill of Rights, including the Universal Declaration and key covenants, and their impact on global human rights. Learn more with this fact sheet. -
Rights and Freedoms
14 December 2012ProjectClimate Change and Human Rights
Governments have traditionally approached climate change as an ecological problem, or more recently, as an economic one. So far, the social and human rights implications of climate change have not been widely recognised. The effects of climate change may threaten a broad range of internationally accepted human rights, including the rights to life, to food and to a place to live and work. In… -
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: -
21 May 2013Webpage
Commission Reports raising ICCPR Article 9
ICCPR Article 9 recognises some of the most basic liberty rights. Commission reports on complaints under the Australian Human Rights Commission Act involve extensive work in this area. Reports are also available on the Commission's This page is intended to provide more convenient access to this work in relation to ICCPR Article 9 specifically. Many of these reports demonstrate that breaches… -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
COMMISSIONER OZDOWSKI: Welcome to every one, I think we will start rolling and I would like to formally open this public hearing which is one of series of hearings conducted around Australia. My name is Sev Ozdowski and I am the Human Rights Commissioner and with me are my two Assistant Commissioners. To my right is Dr Trang Thomas, Professor of Psychology at the Royal Melbourne Institute of… -
Legal
14 December 2012Webpage
Inquiry into International Student Accommodation in New South Wales (2011)
The Australian Human Rights Commission welcomes the opportunity to submit comments to the Social Policy Committee of the NSW Legislative Assembly in its Inquiry into International Student Accommodation in New South Wales. The Commission is established by the Australian Human Rights Commission Act 1986 (Cth) and is Australia’s national human rights institution. -
Children's Rights
17 July 2014SpeechRights of children in schools: a human rights perspective on behaviour
Read a speech by the Children's Commissioner that highlights the importance of including the views of students when defining the rights of children.