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Legal
14 December 2012WebpageNational Security Legislation Proposed Amendments (2009)
The Australian Human Rights Commission (the Commission) makes this submission to the Attorney-General’s Department, providing comments on the Attorney-General’s discussion paper on proposed amendments to the National Security Legislation (the discussion paper). -
14 December 2012Book page
Report No. 41: El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
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… -
Legal
14 December 2012Webpage
Commission submission - MIRIUWUNG
A. International treaties and the interpretation of Statutes B. International treaties and the development of the common law C. International law and the Constitution D. Relevant human rights norms -
14 December 2012Book page
Native Title Report 2000: Chapter 5: Implementing the amendments to the Native Title Act
In 1999 and 2000 the Committee on the Elimination of Racial Discrimination (the CERD Committee) and the Human Rights Committee (HRC) of the United Nations both criticised the 1998 amendments to the Native Title Act 1993 (the NTA) as limiting the rights of Indigenous people.(1) The committees found that the amendments were discriminatory and recommended that Australia either suspend implementation… -
14 December 2012Book page
A Last Resort? - Summary Guide (2004)
It was established to consider whether Australia's immigration detention laws and its treatment of children in immigration detention comply with the United Nations Convention on the Rights of the Child. -
Aboriginal and Torres Strait Islander Social Justice
10 April 2013PublicationDraft guidelines: Ensuring income management measures compliancy
The Commission has issued these draft guidelines to provide practical assistance to Parliament and the Government in designing and implementing income management measures that protect human rights and are consistent with the RDA. They are also intended to increase awareness among affected communities about the application of the RDA to income management regimes. -
Legal
14 December 2012Webpage
National Human Rights Consultation - Appendix 4
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.[13] -
14 December 2012Book page
17. Major Findings and Recommendations of the Inquiry
In addition to the detailed findings in each of Chapters 5-16, the Inquiry has made the following major findings in relation to Australia's mandatory immigration detention system as it applied to children who arrived in Australia without a visa (unauthorised arrivals) over the period 1999-2002. -
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: -
Asylum Seekers and Refugees
23 January 2013PublicationImmigration detention on Christmas Island - Observations from visit to Immigration detention facilities on Christmas Island
Immigration detention on Christmas Island Observations from visit to Immigration detention facilities on Christmas Island -
Legal
14 December 2012Webpage
COAG Review of Counter-Terrorism Legislation
Division 104 of Part 5.3 of the Criminal Code Act 1995 (Cth) provides for the making of control orders. A control order is an order issued by a court (either the Federal Court, Family Court or Federal Magistrates Court), at the request of a member of the Australian Federal Police (AFP), to allow obligations, prohibitions and restrictions to be imposed on a person, for the purpose of protecting… -
Legal
14 December 2012Webpage
Commission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need… -
14 December 2012Book page
4. Australia's Human Rights Obligations
The purpose of this chapter is to explain the relevance of international human rights law to children in Australia's immigration detention centres and to provide a quick reference point on the fundamental human rights principles that have influenced the approach of this Inquiry. This chapter also explains the role of United Nations (UN) guidelines in the Inquiry's analysis of Australia's human… -
14 December 2012Book page
2 Biomedical markers and the assessment of chronological age
Since 2001, the primary method of assessing whether an individual is under the age of 18 years in the context of criminal proceedings in Australia has been through the analysis of an x-ray of the young person’s wrist. As this Inquiry is considering the treatment of young Indonesian males suspected of people smuggling who say that they are children, it is important to consider the… -
Legal
30 January 2019Submission
Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018
1. Executive summary The Australian Human Rights Commission (the Commission) makes this submission to the Parliamentary Joint Committee on Intelligence and Security, in response to its review of the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 (Cth) (the Bill). The Explanatory Memorandum states that the purpose of the Bill is to introduce measures to… -
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… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 3: Mental Health and Developmen
from Behaviours Associated with Victimisation in The Impact of Current and Traumatic Stressors on the Psychological Well-Being of Refugee Communities. [1] -
14 December 2012Book page
8. Safety of Children in Immigration Detention
Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding ... Convention on the Rights of the Child, Preamble -
14 December 2012Book page
Native Title Report 2007: Chapter 8
These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples. -
Legal
17 June 2019Submission
Review of citizenship loss provisions in the Australian Citizenship Act 2007 (Cth)
The Commission urges reform of these citizenship loss provisions, and makes 11 recommendations to ameliorate the significant human rights concerns.