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14 December 2012Book page
Native Title Report 2011: Chapter 1: Reviewing key developments in the Reporting Period
In this Chapter I review key developments within the native title system that occurred throughout the Reporting Period (1 July 2010 to 30 June 2011) and consider the impact of these events on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples’ human rights. -
Legal
14 December 2012WebpageMigration Submission (May 2004)
As Mr Lenehan observed (at page 13 of the Hansard) the Commission's written submission did not include a specific proposal for a legislative provision conferring discretion on courts to extend the proposed time limits. Having had the opportunity to consider that issue further, the Commission puts forward the following suggested amendments to the Bill: -
14 December 2012Book page
Annual Report 2001-2002: Chapter 3
As a result of the enactment of the Human Rights Legislation Amendment Act (No. 1) 1999 (Cth) the jurisdiction of the Commission to conduct public inquiries into complaints was transferred on 13 April 2000 to the Federal Court and Federal Magistrates Service. However, the Commission retained the jurisdiction to complete those public inquiries it had commenced prior to 13 April 2000. During 2000&… -
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: -
Aboriginal and Torres Strait Islander Social Justice
19 May 2014SubmissionALRC: Review of the Native Title Act 1993
Australian Human Rights Commission Submission to the Australian Law Reform Commission ALRC: Review of the Native Title Act 1993 14 May 2014 Downloads Download in PDF Download Word Table of Contents 1 Introduction 2 Recommendations 3 General Comments 4 The Native Title Act and its consistency with international human rights standards 4.1 The United Nations Declaration on the Rights of… -
Commission – General
14 December 2012SpeechAn update on the work of the Human Rights and Equal Opportunity Commission (HREOC)
I would like to acknowledge the Larrakia people on whose traditional land we meet today. I would also like to thank the Northern Territory Anti-Discrimination Commission for hosting this event at such short notice. What I plan to do today is to talk briefly about a few of the issues which are currently on HREOC’s agenda. The first issue is HREOC’s Same-Sex Same Entitlements Inquiry. -
Legal
14 December 2012Webpage
Commission Guidelines
View the various Human Rights Commission Guidelines. Guidelines cover everything from the role of the President to Discrimination exemptions. -
Legal
14 December 2012Webpage
Summary of Interventions by the Australian Human Rights Commission
Summary of Interventions by the Australian Human Rights Commission Updated 11 December 2009 Download PDF (100 kb) Word (181 kb) YEAR NO. OF CASES NAME OF CASE SUBJECT MATTER OF CASE COURT 1988 1. Re A Teenager (1988) 94 FLR 181 Family Law – Sterilisation of a young woman with a disability Family Court 2. Re Jane Family Law – Sterilisation of person with disability – whether parents require… -
Legal
14 December 2012Webpage
National Human Rights Consultation - Appendix 4
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.[13] -
Legal
14 December 2012Webpage
Submission: Commission intervener
1.1 On 8 February 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.92 of the Family Law Act 1975 (Cth) ("Family Law Act"). -
Legal
14 December 2012Webpage
Intervention: Commonwealth Director of Public Prosecutions v Wei Tang (2008)
1 On 17 April 2008 the Human Rights and Equal Opportunity Commission (“HREOC”) filed a summons seeking leave to intervene in these proceedings. The summons was supported by an affidavit of the Human Rights Commissioner, Graeme Gordon Innes, affirmed on 16 April 2008. -
Age Discrimination
9 September 2021SpeechSafety and Security for Older Women
National Summit on Women’s Safety Safety and Security for Older Women Dr Kay Patterson Age Discrimination Commissioner Via Video Conference Tuesday 7 September 2021 Introduction I would like to thank Senator the Hon Marise Payne and Senator the Hon Anne Ruston for inviting me to speak at this National Summit. I acknowledge the Kulin Nation peoples as the traditional owners of the land from… -
Legal
14 December 2012Webpage
Family Law Legislation Amendment (Family Violence and Other Measures) Bill
Recommendation 1: That item 13 of the Bill be amended by inserting a second note after new s 60B(4) that reads ‘the Act be interpreted consistently with Australia’s obligations under the Convention on the Elimination of all forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities, wherever relevant’. -
Legal
6 February 2014Submission
Judicial review of lawfulness of detention (2013)
The Australian Human Rights Commission provides this response to the questionnaire from the Working Group on Arbitrary Detention in relation to judicial review of the lawfulness of detention. -
Legal
14 December 2012Webpage
Submission: MIGRATION AMENDMENT (JUDICIAL REVIEW) BILL 2004
1. The Human Rights and Equal Opportunity Commission ('the Commission') has been invited by the Senate Legal and Constitutional Legislation Committee ('the Committee') to make submissions on the Migration Amendment (Judicial Review) Bill 2004 ('the Bill'). -
Legal
14 December 2012Webpage
Inquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2011
Recommendation 2: The Migration Act should be amended to provide that detention of unlawful non-citizens in immigration detention facilities must only be used as a measure of last resort. There should be a clear presumption against the detention of children for immigration purposes. -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 3 - The Race Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination. -
14 December 2012Book page
Law Society Journal - Customary law and international human rights: The Queen v GJ
THE ROLE THAT ABORIGINAL customary law has, or should have, in the criminal codes and sentencing acts of the Commonwealth, states and territories has been the subject of detailed consideration for some time.1 -
Legal
14 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… -
Legal
14 December 2012Webpage
Human Rights Legislation Amendment Bill 1996
1.1 The Human Rights and Equal Opportunity Commission ("the Commission") has already presented a written submission to the Senate Legal and Constitutional Legislation Committee ("the Committee") in respect of the Human Rights Legislation Amendment Bill 1996 (Cth) ("the Bill") (copy annexed). The Commission also attended before the Committee on Tuesday 11 March 1997…