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Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act.

FileId: 2009/15-6 Create Date 24-Aug-2015 Name: CLOSE THE GAP CAMPAIGN Title: PUBLIC AWARENESS AND EDUCATION - SJU - MONITORING & REPORTING AGENCY LIAISON FileId: 2011/78-2 Create Date 31-Aug-2015 Name: INFORMATION PUBLICATION SCHEME Title: INFORMATION MANAGEMENT - LEGAL COMPLIANCE FileId: 2011/78-3 Create Date 31-Aug-2015 Name: INFORMATION PUBLICATION SCHEME Title: INFORMATION…

Only about 10% of people potentially affected took part in the consultation process; it was presented as a once only 'take it or leave it' offer, placing considerable stress on people often living in dire economic circumstances; there was a lack of independent legal advice on the implications of accepting the offer; and there was significant confusion as to the purpose of the consultations...[10]

“If the measures were targeted solely to parents or families in need of assistance to prevent neglect or abuse of children, as they are in s123UC of the legislation, then some form of income management may be capable of being seen as an appropriate exercise of the governments ‘margin of discretion’ to ensure that families benefit from welfare and receive the minimum essentials…

Recommendation 1: The Commission recommends that the Australian Government fully incorporate into Australian law its human rights obligations to children, including through the adoption of a federal Human Rights Act.

The government has an obligation to take action to address violence and abuse, particularly where there is evidence that is it widespread. Governments that fail to do so are in breach of their obligations under the Convention on the Rights of the Child (CRoC), the International Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the International Convention on…

1. The Human Rights and Equal Opportunity Commission ("the Commission") seeks to make submissions to the Tribunal pursuant to paragraphs 11(1)(g), (o) and (p) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act").

1. The Human Rights and Equal Opportunity Commission (‘the Commission’) provides this submission to the Senate Legal and Constitutional Affairs Committee (‘the Committee’) in its inquiry into the Crimes Amendment (Bail and Sentencing) Bill 2006 (‘the Bill’).

1. The Human Rights and Equal Opportunity Commission ("HREOC") seeks the leave of the Australian Industrial Relations Commission ("the Commission") under s.43 of the Workplace Relations Act ("the WR Act") to intervene at the hearing of this appeal pursuant to s.48(1)(gb) of the Sex Discrimination Act 1986 (Cth) ("the SD Act") and 11(1)(o) of the Human…

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