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Legal
14 December 2012WebpageFederal Discrimination Law 2005: Chapter 8: Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the FMC and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) and the Federal Magistrates Act 1999 (Cth).1 -
Rights and Freedoms
1 May 2013WebpageRight to humane treatment in detention
Learn how under human rights law, all Australians have the right to humane treatment while in detention and that adults and children must be separated. -
11 February 2014Book page
1 Disability Justice Strategies – an introduction
1.1 Barriers People with disabilities do not enjoy equality before the law when they come into contact with the criminal justice system in Australia. Whether a person with disability is the victim of a crime, accused of a crime or a witness, they are at increased risk of being disrespected and disbelieved. If a victim, their disability may be seen to mitigate the offender’s guilt; if a… -
14 December 2012Book page
HREOC Social Justice Report 2002: Summary
The Social Justice Report 2002 discusses initiatives currently underway or in development at the federal, state and territory levels in relation to Aboriginal and Torres Strait Islander Affairs. The report commends the following positive developments in Indigenous policy: -
Rights and Freedoms
18 November 2014Speech
Fraser Lecture 2014
Professor Gillian Triggs President Australian Human Rights Commission Fraser Lecture Canberra Check against delivery Thank you Dr Andrew Leigh for your invitation and introduction. It is an honour to be here in your electorate of Fraser in north Canberra. I would like to acknowledge that we meet on the land of the Ngunnawal people, and pay my respects to their elders, past and present. As we… -
Rights and Freedoms
9 July 2015Speech
Religious Freedom in a Secular Society
Freedom of religion is a close ally and friend of the absolute freedoms of thought and conscience. Government cannot regulate it, and nor should they. Equally, it is closely allied to freedom of expression. -
14 December 2012Book page
2010 Social Justice and Native Title Reports - A Community Guide
In my role as Aboriginal and Torres Strait Islander Social Justice Commissioner, I am required to prepare two reports on Aboriginal and Torres Strait Islander peoples’ human rights issues each year – the Native Title Report and the Social Justice Report. -
14 December 2012Book page
Employment page
The Disability Discrimination Act makes it unlawful to discriminate against people with disabilities in employment, including recruitment, terms and conditions of employment, and dismissal or termination. -
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
Annual Report 1999-2000: Aboriginal and Torres Strait Islander Social Justice
Under section 46C(1)(a) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), the Social Justice Commissioner is required annually to submit a report to the Attorney-General on the exercise and enjoyment of human rights by Aboriginal persons and Torres Strait Islanders (the Social Justice Report). -
14 December 2012Book page
8. Safety of Children in Immigration Detention
Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding ... Convention on the Rights of the Child, Preamble -
14 December 2012Book page
Social Justice and Native Title Reports 2006
In my role as Social Justice Commissioner I am required to produce two annual reports on Indigenous human rights issues – the Social Justice Report and the Native Title Report. The reports, which are tabled in federal Parliament, analyse the major changes and challenges in Indigenous affairs over the past year. They also include recommendations to government that promote and protect the… -
Legal
18 May 2015Submission
Submission to Inquiry into the responsibilities of the Commonwealth Government in connection with the management and operation of the Regional Processing Centre in Nauru
27 April 2015 PO Box 6100 Parliament House Australia ACT 2600 By email: regionalprocessingnauru.sen@aph.gov.au Dear Chair, Inquiry into the responsibilities of the Commonwealth Government in connection with the management and operation of the Regional Processing Centre in Nauru The Commission has held long-standing concerns regarding the transfer to and detention of asylum seekers in Nauru… -
14 December 2012Book page
15. Religion, Culture & Language for Children in Immigration Detention
The Convention on the Rights of the Child (CRC) requires Australia to protect children's rights to cultural identity, language and religion. The most effective way of ensuring enjoyment of these rights is to encourage and allow refugee and asylum-seeking children to participate in cultural and religious activities in the community. The Australian community is well equipped to respond to this need… -
14 December 2012Book page
Voices of Australia: Activity sheet 7 - rightsED
Discover an educational activity that explores issues of diversity and equality in your favourite novel, film, poem, song or English textbook. -
14 December 2012Book page
14. Unaccompanied Children in Immigration Detention
Most children come to Australia with their parents, but some come alone, either sent by their family for their protection or because they have lost their family in a crisis. -
28 October 2013Book page
4 Proposed policy changes
Prior to the federal election on 7 September 2013, the then Opposition announced a number of policies which it would implement, if elected, to deter asylum seekers arriving in Australia by boat and to reform Australia’s refugee status determination process. Some of the key proposals which are relevant to the Commission’s mandate are briefly considered below. 4.1 Temporary Protection Visas… -
14 December 2012Book page
Social Justice Report 2005 :
Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma, has issued a challenge to Australian governments to address Indigenous health inequality and inequality of opportunity through a new campaign outlined in this year"s Social Justice Report. -
14 December 2012Book page
HREOC Social Justice Report 2002: International developments in the recognition of the rights of Indigenous peoples
The circumstances of Indigenous peoples were virtually invisible at the United Nations approximately thirty years ago. Very little attention had been devoted to their situation and their claims were by and large unheard in international fora. Since the early 1970s, however, Indigenous peoples have made significant inroads towards the recognition of their rights and acceptance of their legitimate… -
Children's Rights
29 January 2015PublicationThe Forgotten Children: National Inquiry into Children in Immigration Detention (2014)
Foreword Australia currently holds about 800 children in mandatory closed immigration detention for indefinite periods, with no pathway to protection or settlement. This includes 186 children detained on Nauru. Children and their families have been held on the mainland and on Christmas Island for, on average, one year and two months. Over 167 babies have been born in detention within the…