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Commission – General
14 December 2012SpeechPresident speeches: The influence of human rights on judicial decision-making
May I acknowledge the Gadigal people of the Eora nation, the traditional owners of the land upon which we meet, and pay my respect to their elders past and present. -
14 December 2012Book page
Homelessness is a Human Rights Issue (2008)
Access to safe and secure housing is one of the most basic human rights. However, homelessness is not just about housing. Fundamentally, homelessness is about lack of connectedness with family, friends and the community and lack of control over one’s environment. -
Legal
14 December 2012WebpageCommission submissions: Sakhi
1. The Human Rights and Equal Opportunity Commission (“the Commission”) seeks the leave of the Court to intervene to make submissions in this case. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 12
The issue of divorce never arises for same-sex couples, since they cannot legally marry. However, a same-sex couple, like an opposite-sex de facto couple, may need the assistance of a court to resolve property and child-related issues if their relationship breaks down. -
14 December 2012Book page
AusHRC 49: Cherkupalli v Commonwealth of Australia (Department of Immigration & 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 Prashant Cherkupalli. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Under the Convention on the Rights of the Child (1989), children in detention have the right to 'Rest & Play'. The main focus of this submission is to promote the services of the NSW Playground Advisory Unit in order to support these rights. -
Legal
27 March 2013Publication
Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33
Summary: The Full Court of the Federal Court restrained the Minister for Immigration and Citizenship from removing the applicant asylum seeker to Afghanistan until his claims for protection have been assessed according to law. The Court held that the International Treaties Obligations Assessment was affected by jurisdictional error as the wrong legal test was applied and procedural fairness was… -
Race Discrimination
23 July 2015Opinion pieceForty years of the Racial Discrimination Act
In October 1975, at a ceremony for the proclamation of the Racial Discrimination Act, then Prime Minister Gough Whitlam described the legislation as ‘a historic measure’, which aimed to ‘entrench new attitudes of tolerance and understanding in the hearts and minds of the people’.(1) The Act was Australia’s first federal human rights and discrimination law. Enacted shortly after the formal -
14 December 2012Book page
A Time to Value - Recommendations
Recommendation 2: That a national scheme of paid leave at the time of birth of a child be provided for women. The exceptions to this, where payment can be made to a woman's partner, should include where the mother has died, where the mother is not medically able to care for the child (based on a doctor's opinion), or where the child has been adopted. -
Rights and Freedoms
14 December 2012ProjectDiscrimination in Employment on the Basis of Criminal Record
In recent years the Australian Human Rights Commission has received a significant number of complaints from people alleging discrimination in employment on the basis of criminal record. The complaints indicate that there is a great deal of misunderstanding by both employers and people with criminal records about discrimination on the basis of criminal record. -
14 December 2012Book page
Native Title Report 2008 - Chapter 3
The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the… -
Commission – General
14 December 2012Speech
Issues Affecting Behaviour in the Workplace
I would like to begin by thanking the Australian Public Service Commission (APSC) for inviting me to address you today, and thank Margaret Boylan (Regional Director, APS Commission, SA/NT) for her warm welcome. -
14 December 2012Book page
HREOC Social Justice Report 2002: Summary
The Social Justice Report 2002 discusses initiatives currently underway or in development at the federal, state and territory levels in relation to Aboriginal and Torres Strait Islander Affairs. The report commends the following positive developments in Indigenous policy: -
Legal
14 December 2012Webpage
Inquest into the deaths of David Gurralpa and Robert Plasto-Lehner (2009)
Part 2.2: The obligations imposed by the right to life (article 6 of the ICCPR), including that by arresting and detaining individuals police take responsibility to care for their life. -
Aboriginal and Torres Strait Islander Social Justice
1 March 2016PublicationToomelah Report (1988)
The Toomelah community of five hundred Aboriginal people endures appalling living conditions which amount to a denial to them of the most basic rights taken for granted by most other groups in society, and by other Australian communities of similar size. Their houses are substandard and overcrowded, actually contributing to a range of diseases. The community has for decades lived without an… -
Children's Rights
5 November 2013SpeechRespecting children’s voices in play and learning
Megan Mitchell National Children’s Commissioner Australian Human Rights Commission Continuing the conversation: are all the voices being heard Crown Plaza, Hunter Valley Friday 18 October 2013 View slides 1. Acknowledgments Slide 1 Thank you Aunty Marge for your Welcome to Country. I too would like to acknowledge the Traditional Owners of the land we meet on today. It is on their ancestral… -
Disability Rights
14 December 2012SpeechAdvancing equality in education and beyond
Allow me to begin by acknowledging the people of the Wurundjeri nation, the traditional owners of the land on which we meet, and pay my respects to their elders both past and present. -
Disability Rights
14 December 2012Speech
Opportunity knocks
I follow this custom wherever I go to speak in public. I think recognising Australia ' s indigenous peoples and their prior ownership of this land in this way is more than just good manners. It is an important part of recognising our diversity as a nation. -
14 December 2012Book page
Native Title Report 2002: Extinguishment of Native Title
The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds… -
14 December 2012Book page
Indigenous Deaths in Custody: Chapter 6 Police Practices
Explore a report prepared for the Aboriginal and Torres Strait Islander Commission in relation to Indigenous deaths in custody and police practices.