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14 December 2012Book page
Chapter 2 - Introduction: Social Justice Report 2009
Indigenous imprisonment rates in Australia are unacceptably high. Nationally, Indigenous adults are 13 times more likely to be imprisoned than non-Indigenous people[1] and Indigenous juveniles are 28 times more likely to be placed in juvenile detention than their non-Indigenous counterparts.[2] -
Legal
14 December 2012WebpageNational Security Legislation Amendment Bill 2005
The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the National Security Legislation Amendment Bill 2005 (‘the Bill’). The Commission welcomes the opportunity to make this submission and thanks the Committee for its invitation. -
Commission – General
14 December 2012SpeechINCORPORATING HUMAN RIGHTS PRINCIPLES INTO NATIONAL SECURITY MEASURES
Since the terrorist attacks on September 11 2001, Governments around the world have created a raft of new counter-terrorism laws. In Australia alone, over 40 new laws have created new criminal offences, new detention and questioning powers for police and security apparatus, new powers for the Attorney-General to proscribe terrorist organisations, new ways to control people’s movement and… -
14 December 2012Book page
Social Justice Report 2003: Chapter 4: Responding to petrol sniffing on the Anangu Pitjantjatjara Lands: A case study
In September 2002, the South Australian Coroner brought down his findings in the inquests into the deaths of Kunmanara[1] Ken (who died on 3 August 1999), Kunmanara Hunt (who died on 27 January 2001) and Kunmanara Thompson (who died on 26 June 2001). Each of these young Anangu was a chronic petrol sniffer (they had been sniffing for at least ten years) in their mid to late twenties living on the… -
29 January 2013Book page
2. Women at ADFA: Harassment, Abuse, Discrimination and Assault
2.1 Introduction ADFA is a unique institution where cadets live, study, work and socialise. The intensity of this environment can exacerbate the experiences of sexual harassment, abuse, discrimination and assault. The Review had the opportunity to speak with women and men across the ADFA community and beyond. It is mindful of the pride felt by many about the inclusive culture of ADFA. Many… -
Commission – General
14 December 2012Speech
Reconciling human rights and counter-terrorism – a crucial challenge
I would like to acknowledge that we are meeting on the traditional country of the Girringun people and pay my respects to their elders past and present. -
14 December 2012Book page
Native Title Report 2006: Chapter 2: Economic Development Reforms on Indigenous land
In 2006 the Secretary of the Department of Prime Minister and Cabinet made a revealing statement about Indigenous affairs. He argued that his own government’s policy performance in the Indigenous portfolio had been a failure. He went further to say that while well intentioned, the policies and approaches of the past 30 years had contributed to poor outcomes for Indigenous people. -
14 December 2012Book page
Social Justice Report 2004 : Chapter 2 : Walking with the Women - Addressing the needs of Indigenous women exiting prison
Introduction Pre and post-release programs for Indigenous women exiting prison An overview of Indigenous women in corrections Intersectional discrimination - Addressing the distinct experiences of Indigenous women Post-release programs for Indigenous women exiting prison - common themes from consultations Policy and programs relating to Indigenous women exiting prison Post-release housing… -
14 December 2012Book page
12. Education for Children in Immigration Detention
Just send my children to school, and let them be in freedom. They should live in a human good atmosphere, they should learn something good, and not the things they are learning here.(1) -
Legal
14 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. -
1 August 2014Book page
Chapter 5: The legal and policy framework
Learn about how Australia has entered international human rights obligations to stop pregnancy and return to work discrimination against women. -
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. -
14 December 2012Book page
6. Australia's Immigration Detention Policy and Practice
Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals)… -
Legal
14 December 2012Webpage
R v Cheung
HIS HONOUR: The accused Cheung Ying Lun also known as Garry Cheung is to stand trial in this court on 15 February 1993 upon an indictment charging that between 1 August 1988 and 12 May 1989 he was knowingly concerned in the importation into Australia of a quantity of heroin exceeding the commercial quantity. -
29 January 2013Book page
1. ADFA: Description of Current Culture
The Terms of Reference required the Review to make recommendations on initiatives to drive cultural change at ADFA regarding the treatment of women. To properly identify these initiatives, the Review needed to assess the culture as it currently exists. Part of this process involved examining the notion of military culture generally and, more specifically, the culture for women at ADFA. The… -
29 January 2013Book page
1. ADFA: Description of Current Culture
The Terms of Reference required the Review to make recommendations on initiatives to drive cultural change at ADFA regarding the treatment of women. To properly identify these initiatives, the Review needed to assess the culture as it currently exists. Part of this process involved examining the notion of military culture generally and, more specifically, the culture for women at ADFA. The… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The current mandatory detention policy of the Commonwealth of Australia breaches the fundamental principle of the rights of the child which is that children should be able to develop to their full potential. The policy breaches every article of the Convention on the Rights of the Child. The policy violates the right to health as established by international law. -
Legal
14 December 2012Webpage
Proposed Wild Rivers Declarations
‘The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.’[11] There is a fundamental link between accessing water and living in dignity which means that the human right to water is receiving increased attention and recognition both in Australia and worldwide.[12] The right to water is linked… -
14 December 2012Book page
HREOC Report No. 18
1. The commission's jurisdiction 2. The complaint 3. The complainant's evidence and submissions 4. Respondent's response 5. Documentary material before the commission 6. Conciliation 7. Preliminary findings of Commissioner Sidoti 8. Response to Commissioner Sidoti's preliminary findings 9. My Further Preliminary Findings 10. Respondent's response to my Further Preliminary Findings 11. Section 21… -
14 December 2012Book page
HREOC REPORT NO. 38: Report of an inquiry into a complaint by Mr Frank Ottaviano of discrimination in employment on the basis of criminal record against South Australia Police (State of South Australia)
Dear Attorney Pursuant to section 31(b)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) I attach a report of my inquiry into a complaint by Mr Frank Ottaviano of discrimination in employment on the basis of criminal record by the State of South Australia (South Australia Police). I have found that the act and practice complained of constitutes discrimination in employment…