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Disability Rights
29 June 2015PublicationGuidelines for Providers of Insurance and Superannuation
The Commonwealth Disability Discrimination Act 1992 (the "DDA") aims, as far as possible, to promote the rights of people with a disability to participate equally in all areas of life. It does this by making it unlawful to discriminate against a person with a disability, subject to a number of exceptions intended to balance the rights of people with disabilities with those of other persons. … -
14 December 2012Book page
Native Title Report 2003 : Chapter 1
Australia is a wealthy nation. In 2003, Australia ranked fourth in the United Nations Human Development Index (1) indicating Australians enjoyed one of the highest qualities of life in the world. Overall, Australia ranks equal fourth with the highest life expectancy at birth (79.0 years) suggesting Australians are among the healthiest people in the world. (2) -
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. -
Commission – General
14 December 2012SpeechFederal Anti-discrimination Law - 2004
In May last year I stepped down from my position as a Judge of the Federal Court to accept the role as President of HREOC. It has been a time of new challenges, such as the need to balance the legislative and administrative responsibilities that the Commission has been given by the federal government, with the important role of advocating for the rights of those on the margins of Australian… -
Legal
14 December 2012WebpageReview of Counter-Terrorism and National Security Legislation
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. -
Legal
14 December 2012Webpage
SAGE: Submission to Inquiry into Aboriginal Customary Law in NT
The Aboriginal and Torres Strait Islander Social Justice Commissioner has also made a submission to this inquiry. To access that submission click here. -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased had been arrested for driving under the influence of alcohol and for driving while disqualified. He was placed in what the Coroner described as an enclosed cell, in which occupant vision is impossible, at around 3.00am and told he would remain there for a period of four hours. -
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
Community arrangements -asylum seekers, refugees and stateless persons
This year marks the twentieth anniversary of Australia’s introduction of mandatory immigration detention and the eighteenth anniversary of the system of mandatory, indefinite immigration detention. In the current context, it is apt to recall that mandatory detention was introduced in reaction to the arrival of asylum seekers by boat, with concerns about a potential ‘influx’… -
14 December 2012Book page
Native Title Report 2000: Summary
The reconciliation process has made clear the pressing need for Aboriginal peoples to negotiate freely the terms of their continuing relationship with Australia. The report shows that the recognition of Indigenous people's right to their land and the origins of a nation are inextricably related and that changes to one part of the relationship infer and require changes to the other. Developments… -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechNorman Fry Speech in Darwin 2001
Social Justice Commissioner Dr William Jonas… Minister John Ah Kit…Commissioner Hill …Professor Bin Salik … Ladies and Gentlemen… Good evening. -
Legal
14 December 2012Webpage
Review of Australia’s Fourth Periodic Report on the Implementation of the International Covenant on Economic Social and Cultural Rights
Recommendation 2: The Australian Government pass a federal Human Rights Act that includes recognition and protection of economic, social and cultural rights. -
Legal
14 December 2012Webpage
ASIO, ASIS and DSD
I regret to say that international human rights experts, including those of the UN system, are unanimous in finding that many measures which States are currently adopting to counter terrorism infringe on human rights and fundamental freedoms. -
Legal
14 December 2012Webpage
Overview of the Bail Act amendments (2001)
The Bail Amendment (Repeat) Offenders Bill was introduced in the NSW Legislative Assembly on 20 March 2002. The Bill, which inserts a new Section 9B into the Bail Act, removes the presumption in favour of bail for certain repeat offenders, irrespective of the type of offence they have committed. Introducing the Bill to Parliament, Attorney-General Bob Debus declared its purpose to: "offer… -
Commission – General
14 December 2012Speech
President Speech: Flinders University Law School Prize Giving Ceremony 2010
I am honoured to have been invited to address you this evening on this beautiful campus of the Flinders University of South Australia. Let me begin my address by recalling that, long before the establishment of this prestigious place of learning in the European tradition, there was learning of another tradition here; the learning of the Kaurna people of the Adelaide Plains.I would like to… -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 2 - The Age Discrimination Act
The ADA commenced operation on 23 June 2004. At the date of publication there have been a limited number of cases in which the ADA has been considered[1] and there has not yet been a successful claim of unlawful age discrimination. This chapter therefore focuses on the background to the legislation and its significant features as well as highlighting some similarities and differences with other… -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 5
Protecting the best interests of a child is one of the most important principles of international law and the Convention on the Rights of the Child (CRC) in particular. This chapter focuses on whether federal law currently protects the best interests of a child being raised by lesbian or gay parents. -
Legal
14 December 2012Speech
Law Seminar 2007: The Northern Territory National Emergency Response Legislation by Dr Sarah Pritchard
1. That Aboriginal child sexual abuse in the Northern Territory be designated as an issue of urgent national significance by both the Australian and Northern Territory Governments, and both governments immediately establish a collaborative partnership with a Memorandum of Understanding to specifically address the protection of Aboriginal children from sexual abuse. It is critical that both… -
14 December 2012Book page
Native Title Report 2011: Chapter 1: Reviewing key developments in the Reporting Period
In this Chapter I review key developments within the native title system that occurred throughout the Reporting Period (1 July 2010 to 30 June 2011) and consider the impact of these events on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples’ human rights. -
14 December 2012Book page
Towards Accessible Telecommunications for People with Disabilities
2.1 Introduction 2.2 Telephone Network Evolution 2.2.1 Mainstream Technology Developments 2.2.2 Customer Access Alternatives 2.2.3 Implications for People with Disabilities 2.3 Wireless Communications 2.3.1 Mainstream Developments in Mobile Telecommunications 2.3.2 Implications for People with Disabilities 2.4 Development of the Internet 2.4.1 Mainstream Internet Development 2.4.2 World Wide Web…