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As you may know, my role as Social Justice Commissioner requires me to produce two annual reports on Indigenous rights issues - the Social Justice Report and the Native Title Report.

It has been worth it because the wider community is more aware of the issues and our history, but the opening of the old scars has been difficult. It's vital that the truth comes out, though.

Over the millennia, Indigenous peoples have developed a close and unique connection with the lands and environments in which they live. They have established distinct systems of knowledge, innovation and practices relating to the uses and management of biological diversity on these lands and environments.

The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system:

The Native Title Report 2004 shows how native title can be oriented to sustainable economic and social development outcomes and presents five principles to guide the native title system to this end.

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…

Copyright © Human Rights and Equal Opportunity Commission. Copying is permissible provided acknowledgment is made to the Human Rights and Equal Opportunity Commission, Sydney, April 1999.

Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint by Mr Zacharias Manongga Consul for the Northern Territory, consul of the Republic of Indonesia that the human rights of Indonesian Fishers detained on vessels in Darwin Harbour were breached by the Commonwealth of Australia.

8.1 Introduction 8.2 The universal nature of care 8.3 Support for carers combining paid work and caring 8.4 Supporting the diverse needs of carers 8.5 Government provision of formal care for older people 8.6 Greater availability of formal care to meet growing need 8.7 Specialist disability services 8.8 Conclusion

Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The complaints by Mr El Masri Part D: The Commission’s human rights inquiry and complaints function Part E: Mr El Masri’s detention from 14 November 2002 to 14 October 2005 Part F: The detention of Mr El Masri on 28 November 2006 Part G: The detention of Mr El Masri in MSU Part H: Use…

An entrenched pattern of disadvantage and dispossession continues to wreak havoc and destruction in Indigenous families and communities. This situation has been described in the preceding chapters of this Part. State and Territory legislation, policy and practice in the areas of child welfare, care and protection, adoption and juvenile justice do not comply with the evaluation criteria…

Pursuant to section 11(1)(f)(ii) 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. I have found that the respondent failed to provide the complainant with a safe place of detention whilst she was detained at the Curtin Immigration Reception and Processing Centre and that such failure…

The Unlocking Doors Project was a series of forums, workshops and consultations conducted by the Human Rights and Equal Opportunity Commission throughout 2006, which brought Muslim peoples and communities in New South Wales and Victoria into a dialogue with Police. This dialogue sought to strengthen Muslim peoples’ relationship with law enforcement agencies and build on the capacity of the…

The new arrangements for Indigenous affairs have brought about a number of changes to programs for Aboriginal and Torres Strait Islander peoples. During the past year, the Australian Government has reviewed the operation of the Community Development Employment Program (CDEP) and aligned it with mainstream employment programs.

The aim of this submission is to inform HREOC, at the outset of its Inquiry, of the concerns held about Children in Immigration in Detention, by members of the legal profession in New South Wales. The focus of the submission is limited to the issue of compliance with international and domestic legal obligations. Relevant obligations are outlined, concerns are highlighted and finally,…

The model proposed by HREOC has been costed by respected independent analysts NATSEM at $213m in 2003-04. In 2005-06, paid maternity leave would cost the Government $217m, which is $293m less than the Baby Bonus which relates only to one child per family and in which the full benefit cannot be reaped until five years after the birth of the child.