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14 December 2012Book page
Native Title Report 2006: Chapter 2: Economic Development Reforms on Indigenous land
In 2006 the Secretary of the Department of Prime Minister and Cabinet made a revealing statement about Indigenous affairs. He argued that his own government’s policy performance in the Indigenous portfolio had been a failure. He went further to say that while well intentioned, the policies and approaches of the past 30 years had contributed to poor outcomes for Indigenous people. -
14 December 2012Book page
Questions and Answers About Refugees & Asylum Seekers
According to the United Nations Convention and Protocol relating to the Status of Refugees (also called the Refugee Convention), a refugee is someone who is outside their own country and cannot return due to a well-founded fear of persecution because of their: -
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)… -
28 October 2013Book page
1 Introduction
This report draws upon the extensive work the Australian Human Rights Commission has undertaken in the area of Australian law, policy and practice relating to asylum seekers, refugees and immigration detention. The Commission’s work has included conducting national inquiries, examining proposed legislation, monitoring and reporting on immigration detention, and investigating complaints from … -
28 October 2013Book page
4 Proposed policy changes
Prior to the federal election on 7 September 2013, the then Opposition announced a number of policies which it would implement, if elected, to deter asylum seekers arriving in Australia by boat and to reform Australia’s refugee status determination process. Some of the key proposals which are relevant to the Commission’s mandate are briefly considered below. 4.1 Temporary Protection Visas… -
Legal14 December 2012Webpage
Submission to the Senate Legal and Constitutional Legislation Committee
A similar but not identical Bill was put before the Federal Parliament in April 1998, a week after the commencement of my Presidency. The Commission opposed many of that Bill's provisions and continues to oppose those provisions that exist in the current Bill as well as new ones. -
Rights and Freedoms1 May 2013Webpage
Balancing freedom of religion and other rights: European approaches
Determining whether the right to freedom of religion is engaged The European Court of Human Rights has dealt with a substantial number of cases regarding freedom of religion and belief under article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which provide useful guidance regardng the very similar provisions of ICCPR Article 18. In considering… -
Rights and Freedoms14 December 2012Speech
Young People and Human Rights Dialogue: Dr Sev Ozdowski OAM (2005)
Firstly, HREOC is charged with: "promoting an understanding and acceptance of human rights in Australia". Young people obviously form a very, very important part of that task. -
14 December 2012Book page
Building Regulation and access - an Australian view
Since the Disability Discrimination Act (DDA) came into force in March 1993 complaints to the Australian Human Rights Commission (the Commission) have shown significant inconsistencies between anti-discrimination law and current building law in Australia . -
14 December 2012Book page
Native Title Report 2005 : Summary
During 2005, the Prime Minister, the Attorney-General, and the Minister for Immigration and Multicultural and Indigenous Affairs, made statements to the effect that the Australian Government was interested in supporting Indigenous Australians to explore opportunities to lease or buy communal lands for private or personal use. The government's premise was that if Indigenous people were encouraged… -
27 March 2015Book page
4 Additional issues emerging from the consultation
Right to freedom from arbitrary detention Euthanasia Charter of human rights Human rights education Exercising responsibilities and civil society action to advance human rights Additional human rights issues were raised during the consultation process that were outside the original scope of the consultation. However, given these issues were repeatedly raised across the country, it is… -
Legal14 December 2012Webpage
DIMIA
By this instrument the Human Rights and Equal Opportunity Commission (“the Commission”) grants to the Department of Immigration and Multicultural and Indigenous Affairs (“DIMIA”) its contractors and agents, a temporary exemption (“the exemption”) pursuant to section 44(2) of the Sex Discrimination Act (Cth) 1984 (“the Act”), in relation to the… -
LGBTIQ+5 December 2016Speech
World AIDS Day breakfast: Hobart
Terrace Room, Best Western Hobart, 156 Bathurst St, Hobart Speaking notes CHECK AGAINST DEIVERY Acknowledgements: Muwinina [pron: ‘mou wee nee nar’] people TasCAHRD (who invited me to speak) Elders in the LGBTI community. Introduction 15 years ago, when I was an idealistic law student with lots of enthusiam and no grey hair, I went to South Africa with a vague desire to help in the newly -
14 December 2012Book page
Section 12 - Other actions that could be taken by the Australian Government to protect LGBTI people in Australia - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
The consultation received a number of suggestions about other ways in which the Australian Government could protect the human rights of LGBTI people in Australia. Many participants argued that while anti-discrimination legislation is an important step towards equality, it is essential that it is accompanied by other actions. Suggestions were often informed by personal experiences of… -
14 December 2012Book page
Stories of discrimination
In 2006, the Commission conducted a National Inquiry into discrimination against people in same-sex relationships regarding access to financial and work-related entitlements and benefits. The inquiry is known as the Same-Sex: Same Entitlements Inquiry (the Inquiry). -
Legal14 December 2012Webpage
Commission Submission - ON COMMON DIFFICULTIES FACING ABORIGINAL WITNESSES
The communication difficulties that may be faced by Aboriginal people in the legal system have long been recognised.1 In the Queensland context, these have been well documented by Dr Diana Eades 2 and the Criminal Justice Commission (CJC).3 These issues are also dealt with in detail in the Equal Treatment Benchbook of the Supreme Court of Queensland (‘the Queensland Benchbook’)4 and… -
14 December 2012Book page
HREOC Social Justice Report 2002: Introduction
This year's Report discusses a large number of initiatives currently underway or in development at the federal, state and territory levels in relation to policy making in Aboriginal and Torres Strait Islander Affairs. It notes for example the following positive developments in Indigenous policy: -
14 December 2012Book page
Social Justice Report 2000: Chapter 1: Introduction
The past year has been one of great contrasts. On the one hand, we have experienced the apparent harmony and healing of the walk across the Sydney Harbour Bridge and similar walks in other states and on the other hand, the national outpourings of grief and anger at the death of a 15-year-old boy in custody in Don Dale Detention Centre in Darwin in February. -
14 December 2012Book page
Law Society Journal 2009: Recent changes to the Disability Discrimination Act 1992 improve protection of disability rights
Significant amendments to the Disability Discrimination Act 1992 (DDA), which came into effect on 5 August 2009, clarify its operation in many areas, align some of its key definitions with other federal discrimination Acts and represent a significant improvement in the protection of the rights of people with disability.[1] This article will examine some of the most important changes, namely the: -
Legal14 December 2012Webpage
Submission to the Senate Legal and Constitutional References Committee's inquiry into the stolen generation
This submission has been prepared by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission.