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28 October 2013Book page
2 Onshore detention and processing
2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained… -
Legal14 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… -
Legal14 December 2012Webpage
Review of Counter-Terrorism and National Security Legislation
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. -
14 December 2012Book page
Bringing them Home - Chapter 13
Lots of white kids do get taken away, but that's for a reason - not like us. We just got taken away because we was black kids, I suppose - half-caste kids. If they wouldn't like it, they shouldn't do it to Aboriginal families. Confidential evidence 357, South Australia. -
14 December 2012Book page
National Disability Strategy: Australian Human Rights Commission Submission
The Australian Human Rights and Commission (the Commission) makes this submission in response to the Australian Government's Discussion Paper on a National Disability Strategy. -
14 December 2012Book page
HREOC Report No. 35
Pursuant to section 11(1)(f) and 20(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint against the Commonwealth of Australia (Department of Immigration and Multicultural Affairs) and GSL (Australia) Pty Ltd. I have found that acts done on behalf of the Commonwealth were contrary to the human rights of the complainant as… -
14 December 2012Book page
Native Title Report 2007: Chapter 9
The federal government on 21 June 2007 announced measures to tackle sexual abuse against Aboriginal children in the Northern Territory. The legislation it passed to implement the measures has significant implications for Aboriginal owned and controlled land. -
Legal14 December 2012Webpage
Review of Australia’s Fourth Periodic Report on the Implementation of the International Covenant on Economic Social and Cultural Rights
Recommendation 2: The Australian Government pass a federal Human Rights Act that includes recognition and protection of economic, social and cultural rights. -
Rights and Freedoms28 October 2020Webpage
Where is the line on COVID-19 emergency measures?
Learn how limitations to human rights must be necessary and proportionate, including during a pandemic situation such as COVID-19. -
Legal14 December 2012Webpage
National Human Rights Consultation - Appendix 2
The Declaration recognises the legitimate entitlement of Indigenous people to all human rights – based on principles of equality, partnership, good faith and mutual benefit... -
14 December 2012Book page
2011 Immigration detention at Villawood
The Australian Human Rights Commission visited the immigration detention facilities at Villawood from 21 to 25 February 2011. This statement contains a summary of the key observations and concerns arising from the Commission’s visit. It focuses on conditions as they were at that time. -
Sex Discrimination27 February 2017Submission
Violence against women in Australia (2017)
Violence against women in Australia AUSTRALIAN HUMAN RIGHTS COMMISSION SUBMISSION TO THE SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN 20 January 2017 Download PDF Download Word Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Background information 5 Recent developments in Australia 5.1 National Plan to Reduce Violence Against Women and their Children 5.2 Relevant Federal… -
Asylum Seekers and Refugees23 October 2019Publication
Use of force in immigration detention
The issue of the use of force in immigration detention has been raised in a range of complaints against the Department of Home Affairs received by the Commission. This report deals thematically with 14 complaints. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. INTRODUCTION 2. HUMAN RIGHTS IMPLICATIONS FOR MINORS OF AUSTRALIA'S MANDATORY DETENTION 3. ADDITIONAL ISSUES FOR UNACCOMPANIED MINORS IN DETENTION 4. ALTERNATIVES TO DETENTION 5. CONCLUSION -
Legal14 December 2012Webpage
Inquest into the death of Mr Ward (2009)
the provisions of an international convention to which Australia is a party can also serve as an indication of the value placed by Australia on the rights provided for in the convention and, therefore, as indicative of contemporary values.[7] -
14 April 2015Book page
4 Creating safe communities
4.1 Introduction 4.2 Justice reinvestment in Australia five years on 4.3 Justice targets 4.4 National Justice Coalition 4.5 Conclusion and recommendations 4.1 Introduction The overrepresentation of Aboriginal and Torres Strait Islander peoples as both victims and offenders in the criminal justice system remains one of the most glaring disparities between Aboriginal and Torres Strait Islander… -
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. -
14 December 2012Book page
Native Title Report 2004 : Chapter 3 : Looking Forward - A Policy Approach to Native Title
The framework of principles presented in chapter 2 of this Report puts the economic and social development of the traditional owner group at the centre of the native title process. It seeks to build the power and capacity of the traditional owner group to direct and achieve its own economic and social development. It sees the native title system as a tool to assist traditional owners in this… -
Legal14 December 2012Webpage
Security legislation review
1.1 The Human Rights and Equal Opportunity Commission ('HREOC') is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOCAct'). It is Australia's national human rights institution. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 8: Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the FMC and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) and the Federal Magistrates Act 1999 (Cth).1