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14 December 2012Book page
Report No. 40: Complaints by immigration detainees against the Commonwealth of Australia (Department of Immigration and Citizenship, formerly the Department of Immigration and Multicultural and Indigenous Affairs) and GSL (Australia) Pty Ltd (2008)
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of an inquiry by the former President of the Commission into complaints made by immigration detainees against the Commonwealth of Australia. The former President found that the Commonwealth had breached the human rights of the complainants pursuant to articles 10(1) and 17(1) of… -
Asylum Seekers and Refugees
16 June 2020SubmissionMigration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020
The concerns outlined in this submission draw on the Commission’s work inspecting Australia’s immigration detention facilities. The Commission has conducted such inspections since the mid-1990s. -
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. -
Legal
14 December 2012WebpageFederal Discrimination Law: Chapter 5 The Disability Discrimination Act
The DDA covers discrimination on the ground of disability, including discrimination because of the use of a therapeutic device or aid, accompaniment by a carer or assistant or accompaniment by an assistance animal. -
14 December 2012Book page
Psychological Well Being of Child and Adolescent Refugee and Asylum Seekers
This paper outlines major international research findings of the past ten years reflecting knowledge gathered about the psychological health of child and adolescent refugee/asylum seekers. In doing so, several key areas of consistency are identified. First, with the majority of research in this area centered on the prevalence of psychopathology, and particularly post-traumatic stress symptoms, it… -
Legal
14 December 2012Webpage
Commission submission: IVF
(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 -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - AB v Registrar, Births Deaths and Marriages
The Sex Discrimination Commissioner was granted leave on 2 May 2006 to appear as amicus curiae at the hearing of these proceedings and make submissions on the following matters: -
Legal
14 December 2012Webpage
COAG Review of Counter-Terrorism Legislation
Division 104 of Part 5.3 of the Criminal Code Act 1995 (Cth) provides for the making of control orders. A control order is an order issued by a court (either the Federal Court, Family Court or Federal Magistrates Court), at the request of a member of the Australian Federal Police (AFP), to allow obligations, prohibitions and restrictions to be imposed on a person, for the purpose of protecting… -
14 December 2012Book page
Native Title Report 2003 : Chapter 4: Native Title and Agreement Making : a Comparative Study
The failure in Australia to perceive native title and land rights as the basis on which to address Indigenous economic and social development has been evident at legal, policy and administrative levels. Legally, the increasingly narrow interpretation of native title by the High Court has, as Noel Pearson has pointed out, stripped native title of much economic meaning or benefit. -
Asylum Seekers and Refugees
10 April 2013Publication
Human rights issues raised by the transfer of asylum seekers to third countries
Human rights issues raised by the transfer of asylum seekers to third countries’ sets out the Australian Human Rights Commission’s position in relation to steps taken recently by the Australian Government to transfer asylum seekers who arrive in Australia by boat to third countries for the processing of their claims for protection. -
Legal
15 August 2016Submission
Information for List of Issues Prior to Reporting - Australia: Submission to Committee Against Torture (2016)
SUBMISSION BY THE AUSTRALIAN HUMAN RIGHTS COMMISSION Information for List of Issues Prior to Reporting - Australia 27 June 2016 Contents 1. Introduction 2. National Human Rights Institution 3. Ratification of OPCAT 4. Scrutiny of human rights and role of the Parliamentary Joint Committee on Human Rights 5. Violence against women and children 6. Trafficking in persons 7. Criminal Justice… -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 5: The Disability Discrimination Act
The DDA covers discrimination on the ground of disability, including discrimination because of the use of a therapeutic device or aid;1 accompaniment by a carer or assistant;2 or accompaniment by an assistance animal.3 -
14 December 2012Book page
Social Justice Report 2000: Chapter 4: Achieving meaningful reconciliation
This report identifies the necessity to adopt a human rights approach to reconciliation, as well as shortcomings in Australia's performance on human rights issues as they relate to Aborigines and Torres Strait Islanders. This chapter emphasises processes and mechanisms that enable reconciliation to be implemented within a human rights framework. It identifies crucial commitments and processes… -
14 December 2012Book page
6. Australia's Immigration Detention Policy and Practice
Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals)… -
14 December 2012Book page
Native Title Report 2011: Chapter 2: Lateral violence in native title: our relationships over lands, territories and resources
A key priority throughout my five year term as Social Justice Commissioner is to strengthen and rebuild relationships within our Aboriginal and Torres Strait Islander communities. -
14 December 2012Book page
HREOC Social Justice Report 2002: Indigenous women and corrections - A Landscape of Risk
a) Rates of incarceration of Indigenous women b) Recidivism rates among Indigenous women c) Types of crime committed by Indigenous women d) Over-policing e) Sentencing patterns for Indigenous women f) Characteristics of Indigenous women who are imprisoned -
Legal
14 December 2012Webpage
Inquiry into Australia’s agreement with Malaysia in relation to asylum seekers
Recommendation 1: Asylum seekers should not be transferred from Australia to Malaysia under the Arrangement between the Government of Australia and the Government of Malaysia on Transfer and Resettlement. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Department of Justice and Youth Studies at the Royal Melbourne Institute of Technology The Department of Justice and Youth Studies (JYS) is part of the Faculty of Education, Language and Community Services (FELCS) at RMIT University. JYS offers undergraduate courses in Criminal Justice Administration and Youth Affairs, as well as Masters by Research and PhD programs. -
14 December 2012Book page
Native Title Report 2008 - Case Study 1
Imagine the sea rising around you as your country literally disappears beneath your feet, where the food you grow and the water you drink is being destroyed by salt, and your last chance is to seek refuge in other lands...[1] -
Legal
14 December 2012Webpage
Inquest into the death of Mr Ward (2009)
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]