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Legal
14 December 2012WebpageCatholic Education Office - Application for Exemption
By this instrument, the Human Rights and Equal Opportunity Commission (the "Commission") declines to grant to the Catholic Education Office, Archdiocese of Sydney (the "CEO") a temporary exemption pursuant to section 44(1) of the Sex Discrimination Act (Cth) 1984 (the "Act"), in relation to the operation of sections 21(2)(a) and 22(1) of the Act. -
14 December 2012Book page
Native Title Report 2002: Introduction
The year under review in this, my fourth Native Title Report, is a year in which the High Court has handed down its decision in several significant native title cases thus elucidating the principles upon which the recognition and extinguishment of native title are determined. 2002 marks the end of a ten year period since the Mabo decision [1] first introduced the dual concepts of recognising and… -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 2 - The Age Discrimination Act
The ADA commenced operation on 23 June 2004. At the date of publication there have been a limited number of cases in which the ADA has been considered[1] and there has not yet been a successful claim of unlawful age discrimination. This chapter therefore focuses on the background to the legislation and its significant features as well as highlighting some similarities and differences with other… -
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. -
14 December 2012Book page
Native Title Report 2000: Chapter 3: Native title and sea rights
One of the major events of the period covered by this report was the handing down of the decision by the full Federal Court in the Croker Island case (1) on appeal from the decision of Justice Olney. (2) It is the major test case on the recognition of native title sea rights and represents the most authoritative statement of the law in Australia at the present time. It was a split decision and… -
10 April 2015Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations 2.2 National framework 2.3 Equality before the law and non-discrimination 2.4 Migrants, refugees and asylum seekers 2.5 Right to life, liberty and security of the person 2.1 Scope of international obligations Australia prides itself on its commitment to the promotion and protection of human rights and has announced its candidacy for election to the… -
Commission – General
14 December 2012SpeechStatement to the 61st session of the Commission on Human Rights
On behalf of the Australian Human Rights and Equal Opportunity Commission (hereafter referred to as the Commission), I welcome the opportunity to make this statement. -
24 April 2015Book page
3 Promotion and protection of human rights on the ground
3.1 Equality before the law and non-discrimination (a) Aboriginal and Torres Strait Islander peoples The UN Declaration on the Rights of Indigenous Peoples has yet to be implemented in law, policy and practice. [12] Recommendation: The Commission recommends that Government develop, in partnership with Aboriginal and Torres Strait Islander peoples, a National Strategy to give effect to the -
14 December 2012Book page
Report No. 43: Mr NK v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
While we note your findings, in the Department's view Mr NK has been and continues to be detained lawfully in accordance with the Migration Act 1958 (Cth) (Migration Act) and his detention has not been and is not arbitrary. -
Legal
14 December 2012Webpage
World Programme for Human Rights Education (2009)
Australia’s national human rights institution, the Australian Human Rights Commission, has statutory functions relating to human rights education in Australia. These include promoting understanding and public discussion of human rights, and undertaking research and educational programs for the purpose of promoting human rights. -
Legal
14 December 2012Webpage
Comments by the Australian Human Rights Commission to the United Nations Human Rights Committee on issues relevant to Australia’s fifth periodic report under the ICCPR (2008)
The Australian Human Rights and Commission (the Commission) provides these comments to the United Nations Human Rights Committee (the Committee) in response to the Committee’s request for information relevant to Australia’s fifth periodic report under the International Covenant on Civil and Political Rights (ICCPR).[1] -
14 December 2012Book page
HREOC Report No.14
This report to the Attorney-General concerns an inquiry by the Human Rights and Equal Opportunity Commission ("the Commission") into a complaint made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOCA"). The subject of this report is a complaint of age discrimination made by Mr Andrew Hamilton who was employed by the Commonwealth in the… -
14 December 2012Book page
Native Title Report 2007: Chapter 8
These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples. -
Children's Rights
30 June 2014SpeechQCEC Student Protection In-Service Day for Catholic School Authorities
It is a real pleasure to be here in Brisbane and to speak to so many people who are all committed to the protection of children and young people across Australia. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012PublicationSubmission: Human rights and fundamental freedoms of Indigenous people
The Australian Human Rights and Commission has made a submission on behalf of the Indigenous Peoples Organisation Network (IPON) of Australia to Professor S. James Anaya, UN Special Rapporteur on the human rights and fundamental freedoms of Indigenous Peoples, on the current status of Indigenous human rights in Australia for his Mission to Australia which is taking place from 17-28 August 2009. -
Commission – General
14 December 2012Speech
INCORPORATING HUMAN RIGHTS PRINCIPLES INTO NATIONAL SECURITY MEASURES
Since the terrorist attacks on September 11 2001, Governments around the world have created a raft of new counter-terrorism laws. In Australia alone, over 40 new laws have created new criminal offences, new detention and questioning powers for police and security apparatus, new powers for the Attorney-General to proscribe terrorist organisations, new ways to control people’s movement and… -
Commission – General
14 December 2012Speech
Site navigation
The topic for discussion is the role of human rights in good governance. Along the way I will touch on HREOC’s perceptions of cultural change at DIMA, legal roadblocks to cultural change, and the importance of human rights principles in the law and policy making process. -
11 February 2014Book page
1 Disability Justice Strategies – an introduction
1.1 Barriers People with disabilities do not enjoy equality before the law when they come into contact with the criminal justice system in Australia. Whether a person with disability is the victim of a crime, accused of a crime or a witness, they are at increased risk of being disrespected and disbelieved. If a victim, their disability may be seen to mitigate the offender’s guilt; if a… -
14 December 2012Book page
AusHRC 45: Mr Al Jenabi v Commonwealth of Australia (Department of Immigration and Citizenship)
I have completed my report of an inquiry into the complaint made pursuant to section 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Al Jenabi. -
14 December 2012Book page
HREOC Report No. 24
This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission [1] (the Commission) following an inquiry conducted by the Commission. The inquiry related to a complaint by Amnesty International Australia (Amnesty) on behalf of Mr PH1, Mr PH2, Mr PH3, Mr PH4 and Mr PH5 (the asylum seekers) against the Commonwealth of Australia (the Commonwealth)…