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Legal
14 December 2012WebpageTemporary exemptions under the Disability Discrimination Act 1992 (Cth)
Section 55 of the Disability Discrimination Act 1992 (Cth) (the Disability Discrimination Act) gives the Australian Human Rights Commission (the Commission) the power to grant temporary exemptions from certain provisions of the Disability Discrimination Act. Section 55 of the Disability Discrimination Act provides as follows. -
14 December 2012Book page
Indigenous Deaths in Custody
Paul Blackmore’s photographs illustrate this report. They depict an inspired local initiative. Five years ago the Royal Commission into Aboriginal Deaths in Custody drew attention to the appalling conditions in police lock-ups in rural Australia. The cells in Murgon, three hours north-west of Brisbane, were typical - dirty, disgusting, depressing. Detective Sergeant Ryan and Senior Sergeant… -
Legal
14 December 2012Webpage
Submission on Inquiry into the Prohibition on the publication of names of children involved in criminal proceedings (2007)
“8.1 The juvenile’s right to privacy shall be respected at all stages in order to avoid harm being caused to her or him by undue publicity or by the process of labelling. 8.2 In principle, no information that may lead to the identification of a juvenile offender shall be published.” -
Legal
14 December 2012Webpage
NOTICE OF DECISION ON APPLICATION FOR TEMPORARY EXEMPTION: AUSTRALASIAN RAILWAYS ASSOCIATION: ASSISTANCE ANIMALS
By this instrument, the Human Rights and Equal Opportunity Commission (‘HREOC') gives notice of a decision to grant an application by the Australasian Railways Association (‘the ARA') for a temporary exemption pursuant to sections 55(1) and 55(1A) of the Disability Discrimination Act 1992 (Cth) (‘DDA') in relation to assistance animals. -
Employers19 February 2015Quick Guide
Transgender
People who are transgender are protected from discrimination by law. The Sex Discrimination Act makes it unlawful to treat a person less favourably than another person in a similar situation because of the gender-related identity, appearance, mannerisms or other gender-related characteristics of the person. Example: A shop assistant refused to serve a person who identifies and presents as a… -
Commission – General
14 December 2012SpeechFederal Anti-discrimination Law - 2004
In May last year I stepped down from my position as a Judge of the Federal Court to accept the role as President of HREOC. It has been a time of new challenges, such as the need to balance the legislative and administrative responsibilities that the Commission has been given by the federal government, with the important role of advocating for the rights of those on the margins of Australian… -
Legal
14 December 2012Webpage
Commission Submission - Maslauskas v Qld Nursing
If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’. The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to… -
Legal
14 December 2012Webpage
Commission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need… -
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
Mature Workers: 4. Help for Employers
Tackling discrimination and harassment in the workplace is legal obligation for all employers – but it’s also good for business. It can help you get the best for person for the job and reduce the potential for costly complaints and disruptions. -
14 December 2012Book page
Summary of Web Comments - Consultation on protection from discrimination on the basis of sexual orientation, sex and/or gender identity (2011)
The Australian Human Rights Commission launched its consultation regarding protection from discrimination on the basis of sexual orientation, sex and/or gender identity on 1 October 2010. -
Legal
14 December 2012Webpage
Refugee review
1. The Human Rights and Equal Opportunity Commission ("the Commission") seeks to make submissions to the Tribunal pursuant to paragraphs 11(1)(g), (o) and (p) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). -
Legal
14 December 2012Webpage
Inquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2011
Recommendation 2: The Migration Act should be amended to provide that detention of unlawful non-citizens in immigration detention facilities must only be used as a measure of last resort. There should be a clear presumption against the detention of children for immigration purposes. -
Disability Rights
14 December 2012WebpageKnow your rights about disability discrimination and harassment
Disability discrimination is when a person with a disability is treated less favourably than a person without the disability in the same or similar circumstances. -
Sex Discrimination
20 May 2014PublicationRecognising and responding to sexual harassment in the workplace
What is sexual harassment? Sexual harassment is any unwelcome conduct of a sexual nature. If a reasonable person would anticipate this behaviour might make you feel offended, humiliated or intimidated, it may be sexual harassment. Sexual harassment is unlawful under the Sex Discrimination Act 1984 (Cth) . Some examples of behaviour that may be sexual harassment include: Sexually suggestive … -
Asylum Seekers and Refugees
26 July 2019Media ReleaseTransferring asylum seeker families to Nauru – human rights report
The practice of sending to Nauru families with young children who arrived in Australia seeking asylum is the subject of an inquiry report by the Australian Human Rights Commission tabled in Parliament today. [1] Mr Richard Lancaster SC, as delegate of the President, found that the regional processing centre on Nauru was not an appropriate place to send families with young children… -
Disability Rights
14 December 2012Webpage
Reform of the assistance animals provision of the Disability Discrimination Act
18 November 2003 Section 9 of the Disability Discrimination Act ("the DDA") defines unlawful discrimination as including treating a person with a disability less favourably because he or she is accompanied by a guide dog, hearing assistance dog or any other animal "trained to assist the aggrieved person to alleviate the effect of the disability". -
Employers18 February 2015Quick Guide
Hearing Impairment
Hearing impairments can be covered by the Disability Discrimination Act. The Act makes it against the law to discriminate against a person because of disability. There are some limited exceptions and exemptions. It is not unlawful to discriminate against an employee on the basis of their disability if the person cannot perform the inherent requirements of a job after reasonable adjustments… -
14 December 2012Book page
National Inquiry on Employment and Disability Interim Report: chapter 3
The issue of participation of people with disability in the open workforce has been the subject of much public debate in recent months. This is largely the result of the 'Welfare to Work' package announced in the May 2005 Commonwealth Budget. However, the issue is a longstanding one, as indicated in the submissions to the Inquiry. -
Legal
14 December 2012Webpage
south australian transport exemption
As required by section 57 of the Disability Discrimination Act 1992, the Human Rights and Equal Opportunity Commission hereby gives notice of a decision made on 18 March 1997 with respect to the following matter: