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Legal
14 December 2012WebpageSubmission: Commission intervener
1.1 On 8 February 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.92 of the Family Law Act 1975 (Cth) ("Family Law Act"). -
14 December 2012Book page
Native Title Report 2008 - Chapter 3
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… -
14 December 2012Book page
Bringing them Home - Chapter 16
That's why I wanted the files brought down, so I could actually read it and find out why I was taken away and why these three here [siblings] were taken by [our] auntie ... Why didn't she take the lot of us instead of leaving two there? ... I'd like to get the files there and see why did these ones here go to the auntie and the other ones were fostered. Confidential evidence 161, Victoria. -
Legal
14 December 2012Webpage
A Human Rights Guide to Australia's Counter-Terrorism Laws
This guide provides a basic overview of Australia’s counter-terrorism laws from a human rights perspective. It discusses the following questions: -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 6: Procedure and Evidence
Part IIB of the HREOC Act sets out the provisions governing the procedure for federal unlawful discrimination matters.1 That procedure can be summarised as follows: -
Legal
13 February 2015Submission
Submission on the Guardian for Unaccompanied Children Bill 2014
Download 23 October 2014 Senator the Hon Ian MacDonald Chair Senate Legal and Constitutional Affairs Legislation Committee PO Box 6100 Parliament House Canberra ACT 2600 By email: legcon.sen@aph.gov.au Dear Chair, Submission on the Guardian for Unaccompanied Children Bill 2014 The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs… -
27 March 2015Book page
3 Key issues emerging from the consultation
Right to freedom of expression Right to freedom of thought, conscience and religion Right to freedom of association Property rights The objective of Rights & Responsibilities 2014 was to actively seek and listen to people’s views across the country about how well their rights and freedoms are protected in Australia. This process provided an opportunity to identify systemic human rights… -
14 December 2012Book page
Native Title Report 2005 : Chapter 4 : Leasing on Indigenous land: a human rights appraisal
This report has focused on proposals for the leasing or alienation of Indigenous land, with a specific focus on the Indigenous Land Tenure Principles released by the National Indigenous Council (NIC). The purpose of this Chapter is to discuss these Principles from a human rights perspective, with a particular focus on the right to development. -
Legal
14 December 2012Webpage
R v Cheung
HIS HONOUR: The accused Cheung Ying Lun also known as Garry Cheung is to stand trial in this court on 15 February 1993 upon an indictment charging that between 1 August 1988 and 12 May 1989 he was knowingly concerned in the importation into Australia of a quantity of heroin exceeding the commercial quantity. -
Legal
14 September 2015Submission
Inquiry into the Counter-Terrorism Legislation Amendment Bill (No.1) 2014
Download PDF Table of Contents 1. Introduction 2. The Control Order regime 2.1 Expanding the grounds for a control order 2.2 A less targeted proportionality analysis 2.3 Attorney-General's consent 1 Introduction 1. The Australian Human Rights Commission makes this brief submission to the Parliamentary Joint Committee on Intelligence and Security (Committee) in its Inquiry into the Counter -
Legal
14 December 2012Webpage
Submission to the Green Paper on Homelessness - Which way home?
HREOC commends the Commonwealth government on making homelessness a priority issue and recognising that adequate housing is fundamental to social inclusion. Recognition of homelessness as a human rights issue should assist in the development of policy and programs to address homelessness. -
Legal
14 December 2012Webpage
Independent review of the Environment Protection and Biodiversity Conservation Act 1999 (2009)
The Australian Human Rights Commission (the Commission) makes this submission to Mr Allan Hawke in response to the Independent review of the Environment Protection and Biodiversity Conservation Act 1999. -
Legal
14 December 2012Webpage
Discussion Paper "Australia's Children: Safe and Well - A National Framework for Protecting Australia's Children"
“If the measures were targeted solely to parents or families in need of assistance to prevent neglect or abuse of children, as they are in s123UC of the legislation, then some form of income management may be capable of being seen as an appropriate exercise of the governments ‘margin of discretion’ to ensure that families benefit from welfare and receive the minimum essentials… -
Legal
14 December 2012Webpage
Australasian Railways Association application for temporary exemption under the Disability Discrimination Act: Recommendations (Consultation Draft)
These draft recommendations are being circulated for comment before final recommendations are put to the Human Rights and Equal Opportunity Commission. In view of the amount of discussion which has already occurred on this application a period of four weeks for comments is being provided. -
4 February 2015Book page
4 An overview of the children in detention
4.1 Nationalities of the children in detention 4.2 Reasons for seeking asylum 4.3 Age of children in detention 4.4 Unaccompanied children 4.5 When did the children arrive in Australia? 4.6 How long are children kept in detention? 4.7 Movement of children across the detention network 4.8 Mental health and wellbeing of children in detention 4.9 Detention is a dangerous place 4.10 Rates of self… -
Legal
14 December 2012Webpage
INQUEST INTO THE DEATH OF SCOTT SIMPSON
1.2 These written submissions are made by the Human Rights and Equal Opportunity Commission (‘the Commission’) pursuant to its functions relating to human rights under section 11(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’).[1] In these submissions, the Commission sets out the human rights issues surrounding the incarceration and… -
5 February 2015Book page
12 Children in detention on Nauru
12.1 Accommodation 12.2 Facilities 12.3 Provision of clothing and footwear 12.4 Recreation and play 12.5 Education 12.6 Security measures 12.7 Policy guiding the transfer of children to Nauru 12.8 Impact of detention on children 12.9 Transfer of unaccompanied children 12.10 Child protection and allegations of abuse 12.11 Health services 12.12 Republic of Nauru Hospital 12.13 Mental health… -
14 December 2012Book page
Native Title Report 2003 : Chapter 2 : Native Title Policy - State and Commonwealth profiles
Human rights principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given legal recognition and protection. International legal principles also recognise that Indigenous peoples have economic, social and cultural human rights. Native title, as it is constructed through the Australian legal system, has a limited capacity to meet these human… -
Legal
14 December 2012Webpage
Information concerning Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (2010)
Recommendation 2: That the proposed Joint Parliamentary Committee on Human Rights be empowered to make recommendations in relation to the implementation of ICERD Committee Concluding Observations. -
14 December 2012Book page
Social Justice Report 2007 - Appendix 2
To develop a nationwide picture of existing government initiatives that address family violence, the Social Justice Commissioner sent correspondence to all State, Territory and relevant Australian government departments[1] requesting information on their policies and programs during the period 2006-2007.