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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 2012WebpageCommission submissions: Alex
1.1 On 15 January 2004, the Family Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in these proceedings, pursuant to s 92 of the Family Law Act 1975 (Cth) ("Family Law Act"). -
14 December 2012Book page
AusHRC 51: Brown v Commonwealth of Australia (Department of Immigration & Citizenship)
I attach my report of an inquiry into the complaint made pursuant to s 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Ms Maria Brown. -
14 December 2012Book page
Bringing them Home - Chapter 22
Adoption is the transfer, generally by order of a court, of all parental rights and obligations from the natural parent(s) to the adoptive parent(s). In Australia, legal adoption is relatively recent. It was first introduced in 1928 in Victoria, for example. Until very recently adoption involved near-total secrecy, partly in deference to the desire of adoptive parents to present the child as… -
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. -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 3 - The Race Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination. -
25 September 2013Book page
4 Permissible limitations of the ICCPR right to freedom of expression
As noted above, article 19(3) of the ICCPR permits limitations on the rights recognised in article 19(2), but those limitations must be: (1) provided by law and (2) necessary for respect of the rights or reputations of others, for the protection of national security, public order, or public health or morals. The HRC in its General Comment 34 has emphasised that: when a State party imposes -
Legal
14 December 2012Webpage
Amicus Submission: Ferneley
1. On 22 October 2001 the Sex Discrimination Commissioner ("the SD Commissioner") filed a Notice of Motion seeking to move the Court for orders that the SD Commissioner be granted leave to appear as amicus curiae in these proceedings, together with any consequential orders and directions. The Notice of Motion was supported by an affidavit of the SD Commissioner affirmed on 19 October… -
Aboriginal and Torres Strait Islander Social Justice
10 April 2013PublicationDraft guidelines: Ensuring income management measures compliancy
The Commission has issued these draft guidelines to provide practical assistance to Parliament and the Government in designing and implementing income management measures that protect human rights and are consistent with the RDA. They are also intended to increase awareness among affected communities about the application of the RDA to income management regimes. -
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… -
14 December 2012Book page
Chapter 2: Constitutional reform: Creating a nation for all of us - Social Justice Report 2010
A century ago, the Australian people engaged in a debate about creating a nation. They held meetings...They wrote articles and letters in newspapers. Many views were canvassed and voices were heard. The separate colonies, having divided up the land between them, discussed ways of sharing powers in order to achieve a vision of a united Australia. The result was the Australian Constitution,… -
Legal
14 December 2012Webpage
Submission on Extradition review discussion paper
1.1 The Human Rights and Equal Opportunity Commission (‘HREOC’) is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’). It is Australia's national human rights institution. 1.2 Its functions are set out in section 11(1) of the HREOC Act and include the power to promote an understanding and acceptance, and the public discussion, of… -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 3: The Racial Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the subsequent SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination ('ICERD').1 -
14 December 2012Book page
HREOC REPORT NO. 37 (2007) - Report of an inquiry into Dr Julie Copeman’s complaint that Derbarl Yerrigan Health Service terminated her employment on the basis of her trade union activity
Pursuant to section 11(1)(d) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOC Act'), I attach a report of my inquiry into a complaint made by Dr Julie Copeman. I have found that Dr Copeman's employment as a general medical practitioner was terminated by Derbarl Yerrigan Health Service (her employer) in circumstances that amounted to discrimination, and that such… -
14 December 2012Book page
Bringing them Home - Chapter 1
Our life pattern was created by the government policies and are forever with me, as though an invisible anchor around my neck. The moments that should be shared and rejoiced by a family unit, for [my brother] and mum and I are forever lost. The stolen years that are worth more than any treasure are irrecoverable. Confidential submission 338, Victoria. -
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. -
Legal
14 December 2012Webpage
Application for temporary exemption - Melbourne trams
This is the text of an exemption application lodged with the Human Rights and Equal Opportunity Commission by the applicants named below. It represents the applicants' views and is not a Commission document. It is posted on this site to facilitate public comment. Please refer to the Information Sheet for information about how to obtain hard copies. -
Commission – General
28 May 2013Webpage
Summary of UPR recommendations and responses
The Australian Government accepted in full or in part over 90 percent of recommendations made by other Governments in Australia's first Universal Periodic Review process. The Commission will report regularly on progress in implementation of these commitments, which will also be examined at Australia's next UPR appearance in 2016. Report including UPR recommendations (PDF). Full government… -
Legal
29 August 2014Submission
Submission to Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014
Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014 Australian Human Rights Commission Submission to the Parliamentary Joint Committee on Intelligence And Security 21 August 2014 Download PDF Download Word Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Human Rights Framework 4.1 Article 17 – the Right to Privacy 4.2 Article 19 – Freedom of Expression 5 … -
Race Discrimination
14 December 2012PublicationThe RDA and native title (1997)
The response to the High Court’s Wik decision has given rise to intense discussions about the Racial Discrimination Act 1975 (RDA), the Australian Constitution and the future of native title, among other things.