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14 December 2012Book page
Indigenous Deaths in Custody:
One is irresistibly reminded of the likening of bureaucratic activity to the sex life of elephants: much trumpeting, a lot of activity at high level and no outcome for three years. -
14 December 2012Book page
Indigenous Deaths in Custody: Chapter 9 Juveniles
Explore a report prepared for the Aboriginal and Torres Strait Islander Commission into the deaths in custody of Indigenous juveniles. -
Legal
14 December 2012WebpageCommission submission - Z.P
The Commission supports the submissions of the appellant in Matter No.12 of 1994 and of the applicant in Matter No.13 of 1994. Its additional submissions are limited to (1) the relevance of the welfare jurisdiction of the Family Court, and (2) a review of relevant comparative international law (written submissions). -
14 December 2012Book page
Native Title Report 2002: Summary of the Validation & Confirmation of Extinguishment Provisions in the NTA
In the High Court’s formulation of native title in Mabo (No 2), [1] delivered on 3 June 1992, it was made clear that in the past, governments could validly grant interests in land that would extinguish native title. These grants could be made without payment of compensation to native title holders. [2] At least that was as far as the common law was concerned. The Court did not need to… -
14 December 2012Book page
17. Major Findings and Recommendations of the Inquiry
In addition to the detailed findings in each of Chapters 5-16, the Inquiry has made the following major findings in relation to Australia's mandatory immigration detention system as it applied to children who arrived in Australia without a visa (unauthorised arrivals) over the period 1999-2002. -
14 December 2012Book page
Human Rights Brief No. 4
Many fundamental freedoms are guaranteed by international human rights law. They include the freedoms of expression, movement and choice of residence, peaceful assembly and association, and the freedom to manifest one's religion or belief. -
Legal
14 December 2012Webpage
Commission submissions: B
a) the Family Law Reform Act 1995 (Cth) ("the Reform Act") does not change the basic and long-standing principle that in all matters affecting children it is the 'best interests of the child' that remains the paramount consideration; -
Disability Rights
14 December 2012SpeechMENTAL HEALTH FOR ALL: WHAT'S THE VISION?
Over the last four years the Human Rights and Equal Opportunity Commission (the Commission) has played a key role in raising community awareness about the human rights Australians with a mental illness. The Commission, through its public inquiry process, brought into national focus how, amongst other things, people affected by mental illness frequently faced discrimination and stigmatisation… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Catholic Welfare Australia is a Commission of the Australian Catholic Bishops' Conference and is the peak body that represents the social welfare apostolate of the Catholic Church in Australia at a national level. It is a national federation of Catholic social service organisations that operate in local communities. Membership of Catholic Welfare Australia is drawn from the Catholic social… -
14 December 2012Book page
HRC Report No.11
This is a report to the Attorney-General on inquiries made by the Human Rights and Equal Opportunity Commission into a complaint made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the Act) of discrimination in employment on the ground of age. The complaint was made by Ms Akiko Ishikuni against the Japan Travel Bureau (Australia) (JTB). -
14 December 2012Book page
Bringing them Home - Appendix 7
Established the Northern Territory Aboriginals Department with responsibility for the control and welfare of Aborigines and `to provide where possible for the custody, maintenance and education of the children of aboriginals'. -
14 December 2012Book page
Bringing them Home - Chapter 5
The colony of Moreton Bay was established as a penal outpost of New South Wales in 1825. Extreme violence accompanied the rapid expansion of European settlers, particularly in the north. This violence and the spread of introduced diseases resulted in a rapid decrease in the Indigenous population. Kidnapping Indigenous women and children for economic and sexual exploitation was common. -
Legal
14 December 2012Webpage
Submission to the Green Paper on Homelessness - Which way home?
HREOC commends the Commonwealth government on making homelessness a priority issue and recognising that adequate housing is fundamental to social inclusion. Recognition of homelessness as a human rights issue should assist in the development of policy and programs to address homelessness. -
14 December 2012Book page
Social Justice Report 2001: Chapter 5: Juvenile diversionary schemes and Indigenous people
On 27 July 2000, the Commonwealth government and the Northern Territory Government signed an agreement for the establishment of a juvenile pre-court diversion scheme in the Northern Territory (NT). This agreement arose specifically as a response to the continued criticism of the NT’s mandatory minimum imprisonment laws and their impact on juveniles and Indigenous people. By establishing the… -
Legal
14 December 2012Webpage
Commission submissions: Gunn and Taylor
(gb) Where HREOC considers it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve issues of discrimination on the ground of sex, marital status, pregnancy or potential pregnancy or discrimination involving sexual harassment; -
Legal
14 December 2012Webpage
Commission submissions: Langer
1. An appeal lies to the Federal Court from "a judgment or order of a prescribed court exercising jurisdiction ~der" section 383 of the Commonwealth Electoral Act 1918 ("the Electoral Act'): sections. 383(9). A prescribed court is defined in sub-section 383(11) to include the Supreme Court of Victoria. -
Legal
14 December 2012Webpage
Commission submissions: P v P
2. The exercise of the jurisdiction of the Family Court is directly linked to the child's capacity to consent and therefore the capacity to consent must be the first issue to be decided. -
14 December 2012Book page
The Sterilisation of Girls and Young Women in Australia
It is common in the legal commentary to refer to child sterilisation as if it is a gender neutral issue, [1] but the overwhelming majority of sterilisations and certainly all the cases heard by relevant Australian courts and tribunals, involve female children with intellectual disabilities. There is social problem at the centre of the debate about sterilisation. -
14 December 2012Book page
Bringing them Home - Chapter 18
Indigenous mental health is finally on the national agenda. As participants in the National Mental Health Strategy, States and Territories acknowledge the importance of the issue. Some of the effects of removal including loss and grief, reduced parenting skills, child and youth behavioural problems and youth suicide are increasingly recognised. -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased was in the psychiatric unit at Long Bay Prison. He approached a nurse on 25 July 1989 at 2.30pm and stated he was feeling ill. She gave him advice as to the illness and provided him with medication. He later approached another nurse and said he wanted to return to his cell. The nurse checked with a prison officer and he was taken to his cell at about 3.30pm. At 4.10pm he was…