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Rights and Freedoms14 July 2015Speech
What are the proper limits on the power of Parliament?
Distinguished guests, friends and colleagues - thank you for your welcome to this Law Institute of Victoria seminar. I acknowledge the traditional owners of the land and pay my respects to their elders past and present. I will always have a soft spot for the Law Institute of Victoria. I was admitted to practice in 1969 after completing my articles with Williams Winter and Higgs, and… -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (NTA). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
14 April 2015Book page
5 Nations - Self-determination and a new era of Indigenous governance
5.1 Introduction 5.2 The importance of Nations 5.3 Framework for Indigenous governance 5.4 Community governance: a Nation building approach 5.5 Australian accounts of successful nation building 5.6 Voices of Nations, not just national voices 5.7 Conclusions and recommendations 5.1 Introduction Since the beginning of my term as Aboriginal and Torres Strait Islander Social Justice Commissioner… -
Rights and Freedoms14 December 2012Speech
Lawasia Conference
In the contemporary world, and particularly amongst developed economies, many of us believed that the culture of civil liberties, freedoms and non-discrimination are reasonably well established and these precepts have clear links to innovation, creativity and the broader concepts of economic productivity and a well functioning civil society. Indeed, I believe that many of us had come to accept… -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 10
This chapter focuses on discrimination regarding the entitlements available to veterans of the Australian Defence Forces who have a same-sex partner or children. -
14 December 2012Book page
HREOC Social Justice Report 2002: Self-determination - the freedom to 'live well'
a) Do Indigenous peoples have a right to self-determination? b) What is Indigenous self-determination? c) Summary - Defining Indigenous self-determination -
Legal14 December 2012Webpage
Submission: Anti-Terrorism Bill (No 2) 2005
Recommendation 1: The Bill should be amended to include additional sub-clauses (in s105.4(4) and (6)), which require the issuing authority to be satisfied that the purpose for which the order is made cannot be achieved by a less restrictive means. -
Legal14 December 2012Webpage
Inquiry into Australia’s agreement with Malaysia in relation to asylum seekers
Recommendation 1: Asylum seekers should not be transferred from Australia to Malaysia under the Arrangement between the Government of Australia and the Government of Malaysia on Transfer and Resettlement. -
Rights and Freedoms30 March 2019Speech
‘Free and Equal’: Making Human Rights Education a Priority
National FutureSchools Expo and Conferences 21 March 2019, Melbourne Introduction I pay my respects to the Wurudjeri peoples of the Kulin nation who are the traditional custodians of this land—to their elders, past and present, and to the future generations, the children and young people that look to us as educators. I also extend this respect to all Aboriginal and Torres Strait Islander -
Aboriginal and Torres Strait Islander Social Justice15 July 2021Speech
LexisNexis webinar
Welcome everyone. Before we begin, I would like to acknowledge the country upon which each of us stands today. I myself stand upon my Bunuba land here in the Kimberley region of Western Australia. I acknowledge and pay my respects to Elders past, present and emerging across all the lands and waters of this nation. Thank you for inviting me to speak today. I would like to thank LexisNexis and… -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 13
Superannuation is one of the main ways of saving for retirement. It is designed to provide financial security for individuals and their families in retirement; or when a person dies unexpectedly. -
Legal14 December 2012Webpage
Submission on the Inquiry into pay equity and associated issues related to increasing female participation in the workforce (2008)
The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the House of Representatives Standing Committee on Employment and Workplace Relations in its Inquiry into pay equity and associated issues related to increasing female participation in the workforce (‘the Inquiry’). -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
DR OZDOWSKI: It is 9.30 so we will start another day off, formal hearings. My name is Dr Sev Ozdowski and I'm the Human Rights Commissioner. To my right is Dr Trang Thomas, Professor of Psychology at the Royal Melbourne Institute of Technology and to my left Mrs Robin Sullivan, Queensland's Children's Commissioner. Both of them do assist me with the Inquiry as Assistant Commissioners. Also, on my… -
14 December 2012Book page
Social Justice Report 2000: Chapter 2: Reconciliation and human rights
This will be how we assess the success or otherwise of the reconciliation process in years to come. The reconciliation process has the potential to be as significant, and difficult, as the process that led to the joining together of the states into one indissoluble federation in 1901. It challenges us to adapt the structures of society in ways that ensure that first nation peoples can participate… -
Legal14 December 2012Webpage
Submission: Australia's Future Tax System (Retirement Income System) (2009)
The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the Review Panel on Australia’s future tax system (‘the Review’). The submission specifically addresses Australia’s retirement income system. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Australian Lawyers for Human Rights (ALHR) is a network of Australian lawyers interested in furthering awareness and advocacy of human rights in Australia. ALHR promotes the practice of human rights law in Australia and works with Australian and international human rights organisations to achieve this aim. -
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
RE: MINISTERIAL INQUIRY INTO GREENFIELDS EXPLORATION - BOWLER INQUIRY (2001)
Thank you for the opportunity to make submissions to the Ministerial Inquiry to identify strategies to increase resource exploration in Western Australia - the Bowler Inquiry. Enclosed is a copy of my submission which contains several recommendations. -
14 December 2012Book page
4. Australia's Human Rights Obligations
The purpose of this chapter is to explain the relevance of international human rights law to children in Australia's immigration detention centres and to provide a quick reference point on the fundamental human rights principles that have influenced the approach of this Inquiry. This chapter also explains the role of United Nations (UN) guidelines in the Inquiry's analysis of Australia's human… -
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…