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Rights and Freedoms
1 May 2013WebpageBalancing freedom of religion and other rights: European approaches
Determining whether the right to freedom of religion is engaged The European Court of Human Rights has dealt with a substantial number of cases regarding freedom of religion and belief under article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which provide useful guidance regardng the very similar provisions of ICCPR Article 18. In considering… -
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
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… -
Legal
14 December 2012Webpage
Commission submissions: Bropho
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIAN DISTRICT REGISTRY No WAD90 of 2007 BETWEEN BELLA BROPHO on behalf of members of the Swan Valley Community Aboriginal Corporation and Aboriginal Inhabitants of Reserve 43131 Appellant AND STATE OF WESTERN AUSTRALIA First Respondent ABORIGINAL AFFAIRS PLANNING AUTHORITY Second Respondent BARRY CHARLES JAMESON Third Respondent WESTERN… -
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. -
14 December 2012Book page
1999 Social Justice Report
Dr Jonas has focused this report on young Indigenous people young between the ages of 15 and 29. The Indigenous population is young, with a median age of 20. Over the next decade a high proportion of Indigenous people will reach working age and be ready to take on adult responsibilities. From this group will emerge Indigenous Australia's future leaders. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Book pageNative Title Report 2000: Chapter 3: Native title and sea rights
One of the major events of the period covered by this report was the handing down of the decision by the full Federal Court in the Croker Island case (1) on appeal from the decision of Justice Olney. (2) It is the major test case on the recognition of native title sea rights and represents the most authoritative statement of the law in Australia at the present time. It was a split decision and… -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - Vickers v Ambulance Service NSW
These submissions are filed on behalf of the Acting Disability Discrimination Commissioner ('the Commissioner') in the event that leave is granted by the Court for the Commissioner to appear as amicus curiae in these proceedings pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOC Act'). Such leave was sought by the Commissioner by way of Notice of… -
Legal
14 December 2012Webpage
Independent review of the Environment Protection and Biodiversity Conservation Act 1999 (2009)
Submission by the Aboriginal and Torres Strait Islander Social Justice Commissioner to Mr Allan Hawke in response to the Independent review of the Environment Protection and Biodiversity Conservation Act 1999 19 December 2008 – extension granted to 30 January 2009 Download PDF Download Word Table of contents 1 Introduction 2 Summary 3 Recommendations 4 Scope of the Act 4.1 The Objects of the… -
14 December 2012Book page
Bringing them Home - Chapter 21
Indigenous children throughout Australia remain very significantly over-represented `in care' and in contact with welfare authorities. Their over-representation increases as the intervention becomes more coercive, with the greatest over-representation being in out-of-home care. Indigenous children appear to be particularly over-represented in long-term foster care arrangements. A high percentage…