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Legal
14 December 2012WebpageSubmission: MIGRATION LITIGATION REFORM 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 Migration Litigation Reform Bill 2005 (‘the Bill’). -
Commission – General
14 December 2012SpeechPresident speeches: Development, Security and Human Rights
This paper addresses one of the Forum themes: ‘Security and Human Rights’. Since 11 September 2001 governments around the world have responded to the threat of terrorism with tough measures to protect the lives and security of their communities – to protect their fundamental human rights. New security measures give government authorities unprecedented powers, which can seriously infringe the… -
Legal
14 December 2012Webpage
Commission submission - Minh Dung Luu
1. The Human Rights and Equal Opportunity Commission ("the Commission") was granted leave by his Honour Justice Marshall on 5 June 2001 to intervene in these proceedings pursuant to s 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the "HREOC Act"). -
11 February 2014Book page
4 Actions and statements of principle
The Commission considers that each jurisdiction in Australia requires an holistic, coordinated response to the issues raised in this report through a Disability Justice Strategy. The development of a Disability Justice Plan in South Australia provides a good potential model for achieving this. The Commission considers that any Disability Justice Strategy should address a core set of… -
Legal
14 December 2012Webpage
Commission submissions: Clarke
The Commission has an interest and expertise in relation to the interpretation of the RDA, the application of the International Convention of the Elimination of all forms of Racial Discrimination (CERD),[1] and racial discrimination issues generally, as set out in paragraphs 14 and 15 of the affidavit of Ms Branson dated 18 July 2011. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
"Protection is not a simple concession made to the refugee: he is not an object of assistance, but rather a subject of rights and duties. Each country has the responsibility to respect the rights of refugees and assure that they are respected as much as the rights of its own citizens" [1] -
Rights and Freedoms
14 December 2012SpeechPolice Checks - A Human Rights perspective
Acknowledgments I acknowledge the traditional owners of the land on which we meet. I'd also like to thank the Aged and Community Services Association for inviting me to speak about police checks today. Introduction I suspect the average person in the street associates police checks with high-security jobs, such as airport security, or, on the other hand, with jobs working closely with children… -
Complaint Information Service14 December 2012Webpage
Complaints under the Racial Discrimination Act
Learn about the Racial Discrimination Act, which makes it illegal to treat people unfairly due to their race, colour, ethnic origin or immigrant status. -
Employers19 February 2015Quick Guide
Recruitment
Every organisation aims to recruit the best person for the job. That’s why it is important to be able to select from the widest possible range of applicants. Recruitment processes that are discriminatory reduce an employer’s opportunity to find the best person for the job. Employers who are recruiting staff should be aware of their responsibilities under federal anti-discrimination laws… -
14 December 2012Book page
HREOC Report No. 28
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into complaints made by twenty six immigration detainees at the Curtin Immigration Reception and Processing Centre. I have found that acts or practices of the Commonwealth, namely placing some of the complainants in separation detention for periods of between three… -
14 December 2012Book page
2. Understanding mental illness
It is highly likely that at least one worker in your workplace will, at some point in time, have a long or short-term mental illness. While you do not need to become an expert in mental health, having a better understanding of what mental illness is (including its possible effects on a worker) enables you to be more effective in handling issues that may arise. -
Employers19 February 2015Quick Guide
Social Media
Social media postings can be against the law if they discriminate against, harass, bully or racially vilify a person. Discrimination occurs when a person is treated less favourably than another person because of a particular attribute they have. Harassment or bullying can amount to discrimination in some circumstances. Inappropriate posts, comments or content shared on social media can… -
14 December 2012Book page
10 years of the DDA: Employment forum
As part of events to mark the tenth anniversary of entry into force of the Disability Discrimination Act the Human Rights and Equal Opportunity Commission is conducting a series of forums on employment discrimination issues. -
14 December 2012Book page
7 Some further aspects of the treatment of the young Indonesians
As discussed in Chapter 1, Australia’s international human rights obligations require that individuals who say that they are children be given the benefit of the doubt and treated as minors unless there is proof to the contrary. In the case of unaccompanied children, this should lead to consideration by the State of what steps need to be taken to ensure their special protection and care. -
Asylum Seekers and Refugees
10 April 2013PublicationHuman rights issues raised by the transfer of asylum seekers to third countries
Human rights issues raised by the transfer of asylum seekers to third countries’ sets out the Australian Human Rights Commission’s position in relation to steps taken recently by the Australian Government to transfer asylum seekers who arrive in Australia by boat to third countries for the processing of their claims for protection. -
Legal
6 February 2014Publication
Casenote: Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship [2013] HCA 53
The High Court found that the Department of Immigration acted on the basis of an error of law when it refused to refer the plaintiff’s case to the Minister for Immigration for consideration of whether to allow her to make a protection visa application. -
Complaint Information Service14 December 2012Webpage
Understanding and preparing for conciliation - Human rights and ILO
The following information is provided to assist advocates and lawyers understand and participate in the Commission's conciliation process. If you have any questions about this information, please contact the officer who is handling your client's complaint. -
14 December 2012Book page
Native Title Report 2005 : Annexure 1 : Glossary of Terms
Alienate: 1. To dispose of, often used in relation to an interest in land. Alienation may be formal (such as by grant or conveyance), informal and involuntary (such as compulsory acquisition by the state). 2. To sell, lease or otherwise dispose of under the Crown lands Acts or any other Act relating to alienation of Crown land: (NSW) Crown Lands Act 199 s.172(1). See also Acquisition; Conveyance;… -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - Howe v Qantas
However, if appropriate, and with leave of the Court, the Commissioner reserves the right to make further submissions on legal matters which may arise during the hearing of this matter and after receipt of the respondent’s particularised points of defence. No submissions are to be made in relation to the evidentiary and factual matters that may arise for determination. -
Disability Rights
14 December 2012SpeechThe right to belong
I have called this paper "the right to belong", and it is with this idea that I wish to begin my address to you this afternoon, before discussing in more detail the current state of the law in relation to disability discrimination.