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14 December 2012Book page
Social Justice Report 2001: Chapter 4: Laws mandating minimum terms of imprisonment (‘mandatory sentencing’) and Indigenous people
On 13 April 2000, the Senate requested the Human Rights and Equal Opportunity Commission to inquire into all aspects of the agreement between the Northern Territory Government and the Commonwealth regarding the Territorys mandatory sentencing regime; the consistency of mandatory sentencing regimes with Australias international human rights obligations; and Western Australias… -
14 December 2012Book page
Social Justice Report 2007 - Chapter 2: Indigenous communities dealing with family violence and abuse
Family violence and abuse occurs at unacceptable rates in Aboriginal and Torres Strait Islander (Indigenous) communities. We have heard many tragic stories of women, children and young people who have experienced devastating sexual abuse and family violence. It is a scourge that is causing damage and trauma among Indigenous communities, to our women and children, and to the fabric of Indigenous… -
14 December 2012Book page
Native Title Report 2005 :
Members of the National Indigenous Council (NIC) will meet with Land Councils/Native Title Representative Bodies (3 June 3005) to advance their discussions on the issues surrounding Indigenous land tenure. -
14 December 2012Book page
Social Justice Report 2003: Chapter 4: Responding to petrol sniffing on the Anangu Pitjantjatjara Lands: A case study
In September 2002, the South Australian Coroner brought down his findings in the inquests into the deaths of Kunmanara[1] Ken (who died on 3 August 1999), Kunmanara Hunt (who died on 27 January 2001) and Kunmanara Thompson (who died on 26 June 2001). Each of these young Anangu was a chronic petrol sniffer (they had been sniffing for at least ten years) in their mid to late twenties living on the… -
14 December 2012Book page
Native Title Report 2010: Executive Summary
It is with great pleasure that I present my second Native Title Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. I launched my first Report, the Native Title Report 2010 in February 2011. These reports are produced each year in accordance with the requirement under the Native Title Act 1993 (Cth) (Native Title Act) for me to report annually on the impact of the… -
14 December 2012Book page
Native Title Report 2006: Acknowledgements and Note
The Aboriginal and Torres Strait Islander Social Justice Commissioner acknowledges the work of Human Rights and Equal Opportunity Commission staff (Fabienne Balsamo, Katie Kiss, Hamish McLeod, Jemma Hollands, Dianne Biaggini, Anna Dawson, Christina Kenny, Julia Mansour, Kirsty Champion and Darren Dick). -
Rights and Freedoms18 November 2022Speech
Housing and human rights - rights where it matters
Sandy Duncanson Memorial Lecture Housing and human rights – rights where it matters Hobart, 11 October 2022 Abstract Homelessness can happen to anyone. People with disability are at an increased risk and they are joined by a growing invisible cohort of older women. COVID-19 was a trigger for state governments to find shelter for people living rough, illustrating that solutions to… -
14 December 2012Book page
Social Justice Report 2000: Appendix 1 Information concerning Australia provided by the Human Rights and Equal Opportunity Commission to United Nations Committees in 2000
1) Committee on the Elimination of All Forms of Racial Discrimination (CERD): additional information to Australia's 10th, 11th and 12th periodic reports under CERD, March 2000; -
14 December 2012Book page
Social Justice Report 2004 : Appendix 1: Chronology of events relating to the introduction of new arrangements for the administration of Indigenous affairs, 2002 - 2004
This appendix provides an overview of the main events leading up to the introduction of the new arrangements for the administration of Indigenous affairs on 1 July 2004, as well as the key events which have occurred since that time to implement the new arrangements. -
Legal14 December 2012Webpage
Submission to the Expert seminar on Indigenous Peoples and the administration of justice (2003)
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission (HREOC) of Australia. HREOC is Australia’s national human rights institution established by a law of the federal Parliament and operating in compliance with the ‘Paris Principles’ for national institutions for the… -
14 December 2012Book page
HREOC Social Justice Report 2002: International developments in the recognition of the rights of Indigenous peoples
The circumstances of Indigenous peoples were virtually invisible at the United Nations approximately thirty years ago. Very little attention had been devoted to their situation and their claims were by and large unheard in international fora. Since the early 1970s, however, Indigenous peoples have made significant inroads towards the recognition of their rights and acceptance of their legitimate… -
14 December 2012Book page
Social Justice Report 2003: Chapter 3: Indigenous participation in decision making – Transforming the relationship between government and Indigenous peoples
The twin pillars of the government's approach to Indigenous policy in 2003 continued to be practical reconciliation, with its emphasis on service delivery in core areas of disadvantage, and mutual obligation, with its emphasis on reciprocity and individual responsibility. Through both of these policies, the government has identified moving Indigenous people beyond welfare dependency and enabling… -
14 December 2012Book page
Social Justice Report 2005 : Chapter 2 : Achieving Aboriginal and Torres Strait Islander health equality within a generation - A human rights based approach
Improving the health status of Aboriginal and Torres Strait Islander peoples is a longstanding challenge for governments in Australia. While there have been improvements made in some areas since the 1970s (notably in reducing high rates of infant mortality1) overall progress has been slow and inconsistent. The inequality gap between Aboriginal and Torres Strait Islander peoples and other… -
14 December 2012Book page
Native Title Report 2005 : Introduction
This report is my second as the Aboriginal and Torres Strait Islander Social Justice Commissioner and marks a transition from a calendar year reporting period to a financial year to comply with s.46(1)(a) of the Human Rights and Equal Opportunity Commission Act (1986) (Cth). As the Native Title Report 2004 reported on the period January to December 2004, this report covers the period January to… -
14 December 2012Book page
Native Title Report 2011: Appendix 2
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. -
14 December 2012Book page
Native Title Report 2005 : Annexure 3 : Summary of free, prior and informed consent
Obligations to ensure effective participation exist in nearly all the main human rights treaties. These obligations have been synthesised into the principle of free, prior and informed consent of indigenous peoples. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Publication
Native Title Reports
Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land. -
Rights and Freedoms3 March 2023Speech
Making rights a reality: the need for a Human Rights Act for Australia
This presentation, on International Human Rights Day, advances the case for a Human Rights Act for Australia, reflecting on experiences during COVID and the difference a Human Rights Act may have made. -
Legal14 December 2012Webpage
Draft Indigenous Economic Development Strategy (2010)
The Australian Human Rights Commission makes this submission to the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) in response to the draft Indigenous Economic Development Strategy (IEDS). -
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;…
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