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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 2012WebpageCommission Submission - Maslauskas v Qld Nursing
If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’. The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to… -
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. -
14 December 2012Book page
AusHRC 45: Mr Al Jenabi v Commonwealth of Australia (Department of Immigration and 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 Al Jenabi. -
Legal
14 December 2012Webpage
Australian Human Rights Commission Submission to the Joint Select Committee on Australia’s Immigration Detention Network (2011)
The Australian Government should implement reforms it announced in 2008 under which immigration detention is to be used as a last resort and for the shortest practicable period, people are to be detained in the least restrictive environment appropriate to their individual circumstances, and there is a presumption that people will be permitted to reside in the community unless they pose an… -
14 December 2012Book page
8 Findings and recommendations
The major finding of this Inquiry is that Australia’s treatment of individuals suspected of people smuggling offences who said that they were children has led to numerous breaches of both the Convention on the Rights of the Child (CRC) and the International Covenant on Civil and Political Rights (ICCPR). -
14 December 2012Book page
2010 Immigration detention on Christmas Island
This report contains a summary of observations made by the Australian Human Rights Commission (the Commission) during its 2010 visit to the immigration detention facilities on Christmas Island. -
28 October 2013Book page
2 Onshore detention and processing
2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained… -
Rights and Freedoms
3 March 2023SpeechPromoting and protecting human rights in Australia
The Australian Human Rights Commission: promoting and protecting human rights in Australia St Andrew’s College, University of Sydney, 14 July 2022 Emeritus Professor Rosalind Croucher AM FAAL Abstract This presentation explores the role of the Australian Human Rights Commission in the context of the international human rights treaties and its establishment as part of the domestic mechanisms … -
Rights and Freedoms
12 August 2014Speech
Free speech and human rights in Australia
From the Free Speech Symposium -
Legal
14 December 2012Webpage
Commission 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. -
Commission – General
14 December 2012SpeechPresentation at the Governor’s Leadership Foundation Forum
HREOC is a statutory body independent of government. While our main function is to promote an understanding and acceptance of human rights in Australia, we are also charged with the responsibilities of investigating, and attempting to conciliate complaints of unlawful discrimination under the federal Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination… -
14 December 2012Book page
AusHRC 47: Mr Heyward v Commonwealth of Australia (Department of Immigration and Citizenship)
I attach my report of an inquiry into the complaint made pursuant to sК11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Heyward. -
Legal
14 December 2012Webpage
Questions on Notice 13 May 2003
I refer to the Questions on Notice taken by the Human Rights and Equal Opportunity Commission ("HREOC") during its 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 responses below. -
29 January 2015Book page
1 Introduction
1.1 A snapshot of children in detention 1.2 Australian law and the detention of children 1.3 Does the Government owe a duty of care to children in detention? 1.4 International law and the detention of children My hope finished now. I don’t have any hope. I feel I will die in detention. (Unaccompanied 17 year old, Phosphate Hill Detention Centre, Christmas Island, 4 March 2014) Drawing by… -
Legal
14 December 2012Webpage
Submission to the Senate Legal and Constitutional Legislation Committee
1.1 Wide-ranging amendments to the structure and functions of the Human Rights and Equal Opportunity Commission ("the Commission") are proposed by the Australian Human Rights Commission Legislation Bill 2003 (Cth) ("AHRC Bill"). -
Asylum Seekers and Refugees
30 March 2017Publication
Asylum Seekers, Refugees and Human Rights: Snapshot Report (2nd Edition) 2017
The second edition of this Report provides an update on legal and policy developments related to refugees and people seeking asylum in Australia since 2013. The Report is not intended to address all the issues facing refugees and people seeking asylum in Australia. Instead, it focuses on developments which place Australia at risk of breaching its international human rights obligations -
14 December 2012Book page
Community arrangements for asylum seekers, refugees and stateless persons - Some barriers to use of community arrangements
Despite the significant positive developments of the past two years, the Commission remains seriously concerned about some aspects of Australian law and policy on asylum seekers, refugees and immigration detention. The Commission is primarily concerned about the prolonged or indefinite detention and lack of durable solutions or substantive visa pathways for certain groups of people in immigration… -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 13
Superannuation is one of the main ways of saving for retirement. It is designed to provide financial security for individuals and their families in retirement; or when a person dies unexpectedly. -
14 December 2012Book page
Report on the Human Rights Commissioner's Visit to Curtin IRPC in July 2000
On Saturday 29 July 2000 the then Human Rights Commissioner, Mr Chris Sidoti, assisted by a consultant, Dr Mary Crock, Senior Lecturer in Law at Sydney University, visited the Curtin Immigration Reception and Processing Centre outside Derby in the Kimberley region of WA. They made observations and obtained information about accommodation, programs and services, and particulars about the…