Search results

Same-Sex: Same Entitlements Report of the National Inquiry into the Discrimination against People in Same-Sex Relationships: Financial and Work-Related Entitlements and Benefits (tabled report)

Good functioning of prescribed bodies corporate (PBC)2 is essential to native title. Recognition of native title rights only goes part of the way to redress the historical injustice of land dispossession. Without appropriate means to make decisions about land, the existence of native title makes minimal appreciable difference to Indigenous people.

In my previous two Native Title Reports, I have strongly argued the need to reform the native title system. Stakeholders from all sectors engaged in the native title system have also stressed the need for the Government to take significant steps to ensure that the system meets the original objectives set out in the preamble to the Native Title Act 1993 (Cth) (Native Title Act).

[1] Australian Government, Department of Climate Change, Top End, http://www.climatechange.gov.au/impacts/regions/te.html (viewed 17 December 2008) [2] D Green, Climate change impacts on remote Indigenous communities’ health in northern Australia, Climate Change Impacts and Risks CSIRO (2006), p 21. At http://www.sharingknowledge.net.au/files/indigenoushealth_cc200606.pdf (viewed 17 December 2008…

The recommendations put forward in this report cover an extraordinarily wide spectrum. Many will require considerable detailed development and negotiation before they can be put into place.

In my Native Title Report 2007, I reported on the changes that were made to the native title system during that year. The changes, which were made through two pieces of legislation which amended the Native Title Act, primarily affected:

Whether Indigenous peoples are able to gain full recognition and protection of their native title rights and interests, depends significantly on the process by which native title applications are resolved.

The Australian Human Rights Commission welcomes the opportunity to comment on the proposed changes to the Native Title Act 1993 (Cth) in the Native Title Amendment (Reform) Bill 2011.

1. Ten Years on from the Royal Commission into Aboriginal Deaths in Custody 2. Mutual Obligation, Welfare Reform and Indigenous Participation: A Human Rights Perspective

The International Labour Organisation Convention 111 deals with discrimination in employment and occupation. Australian adherence to this Convention provides that all people have the right to equal treatment in employment and occupation without discrimination on the basis of:

Native title is now well established in Australian law. The native title system was set up in 1994 under the Native Title Act 1993 (Cth) (the Native Title Act). It is for gaining recognition and protection of native title, and for resolving native title matters. It has been successfully used in many parts of the country.

The High Court's decisions in Yarmirr [1], Miriuwung Gajerrong [2], Wilson v Anderson [3] and Yorta Yorta [4] clarify the law with respect to the recognition and extinguishment of native title. The consequences of the law of native title for Indigenous people are now starkly apparent. It is thus timely that the 2002 Native Title Report evaluates these principles against the human rights standards…

The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the…

The report is provided in accordance with section 46C of the Human Rights and Equal Opportunity Commission Act 1986, which provides that the Aboriginal and Torres Strait Islander Social Justice Commissioner is to submit a report regarding the enjoyment and exercise of human rights by Aboriginal persons and Torres Strait Islanders, and including recommendations as to the action that should be…

In the contemporary world, especially amongst first world economies, 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.

One part of the funding is the ‘respondent funding scheme’ operated by the Attorney-General’s Department. Under this scheme the Attorney-General can grant legal or financial assistance to certain non-claimant parties to enable them to participate in native title proceedings.1

In accordance with the functions set out in section 46C(1) (a) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), this report includes 8 recommendations – 3 in relation to the accessibility of mainstream services under the new arrangements for Indigenous affairs, 1 in relation to engaging with Indigenous communities under the new arrangements for Indigenous affairs and 4…

The position of Aboriginal and Torres Strait Islander Social Justice Commissioner was established within the Human Rights and Equal Opportunity Commission in 1993 to carry out the following functions:

The reconciliation process has made clear the pressing need for Aboriginal peoples to negotiate freely the terms of their continuing relationship with Australia. The report shows that the recognition of Indigenous people's right to their land and the origins of a nation are inextricably related and that changes to one part of the relationship infer and require changes to the other. Developments…