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14 December 2012Book page
Law Society Journal 2008: The standard of proof in discrimination claims: the Full Court lightens the load, a little.
back to index of LSJ articles The standard of proof in discrimination claims: the Full Court lightens the load, a little. Brook Hely Download in PDF [986KB] Download in Word [51KB] We all know that prejudices are prevalent within our society. We also know that such prejudices often translate into discrimination. And yet, proving discrimination is notoriously difficult. [1] Part of that… -
1 August 2014Book page
Chapter 4: Experiences of employers in managing pregnancy, parental leave and return to work after parental leave
In summary Employers identified several challenges in managing pregnancy/return to work issues, including: Confusion and uncertainty about their legal obligations, and about employee rights Managing the uncertainty that can surround pregnancy/return to work issues, especially regarding timeframes, employees’ return to work and employees’ requests to work flexibly or part-time Limiting the… -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 3: The Racial Discrimination Act
Chapter 3: The Racial Discrimination Act 3.1 Introduction to the RDA 3.1.1 Background and Scope 3.1.2 Other Unlawful Acts and Offences 3.1.3 Interaction between RDA, State and other Commonwealth Laws 3.2 Racial Discrimination Defined 3.2.1 Grounds of Discrimination 3.2.2 Direct Discrimination under the RDA 3.2.3 Indirect Discrimination under the RDA 3.2.4 Interference with the Recognition -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 7: Damages and Remedies
Learn about damages and remedies under federal discrimination law. -
14 December 2012Book page
Corporate Responsibility - Developing principles on Resource Development on Indigenous land: Human Rights Based Approach to Mining on Aboriginal Land
Human rights constitute the ethical basis of the social contract between those who exercise power and accrue wealth, and those whose lives are affected by this exercise and accrual. Where such a relationship has no ethical basis and is inconsistent with human rights principles it is not a sustainable relationship. Coercion may prolong it for some time but this is costly to maintain and eventually… -
Legal14 December 2012Webpage
Temporary 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. -
Legal14 December 2012Webpage
Anti-Money Laundering and Terrorism Financing Bill 2006
The Human Rights and Equal Opportunity Commission (‘the Commission’) makes this submission to the Senate Legal and Constitutional Affairs Committee’s (‘the Committee’) inquiry into the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 (Cth) (‘the Bill’). -
14 December 2012Book page
Immigration detention and human rights
back to immigration detention, asylum seekers and refugees The human rights of people who are in immigration detention are of particular concern to the Commission. Liberty is a fundamental human right, recognised in major human rights instruments to which Australia is a party, including the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child…