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The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Committees in the Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012.

As indicated by the Attorney General and the Minister for Finance and Deregulation in announcing this process, the review of Commonwealth discrimination law offers important opportunities to ensure that discrimination law contributes as effectively as possible, as well as efficiently, to the objectives of the achievement of equality in Australian society and the removal of discriminatory barriers…

the provisions of an international convention to which Australia is a party can also serve as an indication of the value placed by Australia on the rights provided for in the convention and, therefore, as indicative of contemporary values.[7]

Back to rights and freedoms: right by right ICCPR Article 14 states All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The Press and the public may be…

Recommendation 2: The Committee recommend the Australian Government commission an independent inquiry to review the operation of the native title system and explore options for native title law reform, with a view to aligning the system with international human rights standards, including the United Nations Declaration on the Rights of Indigenous Peoples.

Recommendation 1: The Bill should be amended to ensure that detention in immigration detention centres is only used as a last resort and for the shortest practicable time, as committed to in Value 5. The words ‘The Parliament affirms as a principle that’ in section 4AAA(2) should be deleted.

The procedure for making complaints of federal unlawful discrimination is set out in Part IIB of the HREOC Act.[1] That procedure can be summarised as follows.

(a) whether section 8 of the Infertility Treatment Act 1995 (Vic) ('ITA') is inconsistent, in terms of section 109 of the Constitution, with section 22(1) of the Sex Discrimination Act 1984 (Cth) ('SD Act'); and

The Commission supports the repeal from the Migration Act 1958 (Cth) (Migration Act) of the mandatory minimum penalties currently applicable to the aggravated offence of people smuggling.

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 Australian Citizenship Bill ('the Bill'), which is intended to replace the Australian Citizenship Act 1948 (Cth) (the 'Citizenship Act')

I welcome this opportunity to follow up on the Australian Human Rights Commission’s work in the inquest into the death of Mr Ward. Many of the Commission’s submissions were accepted by the Coroner and reflected in his findings and recommendations.

Back to Table of Contents Appendix 1 – Recommendations Appendix 1: Recommendations Recommendation 1: Australia should promote and protect all human rights in the international human rights treaties to which Australia is a party and the international human rights declarations Australia supports. Recommendation 2: The Australian Parliament should enact a national Human Rights Act…

I refer to the Questions on Notice received by the Human Rights and Equal Opportunity Commission ("HREOC") after it gave evidence before the Senate Legal and Constitutional Legislation Committee's Reference on the Australian Human Rights Commission Legislation Bill 2003 ("AHRC Bill") on 29 April 2003 and provide the following responses.