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14 December 2012Book page
Native Title Report 2010: Appendix 1: Acknowledgments
The Aboriginal and Torres Strait Islander Social Justice Commissioner thanks the following people and organisations for their assistance in preparing the Native Title Report 2010. -
14 December 2012Book page
Native Title Report 2010: Appendix 2: Native Title Report 2009: Recommendations
[1] T Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner, Native Title Report 2009, Australian Human Rights Commission (2009), p xv. At http://www.humanrights.gov.au/social_justice/nt_report/ntreport09/index.html (viewed 19 November 2010). -
14 December 2012Book page
Native Title Report 2010: Appendix 3: Elements of a common understanding of free, prior and informed consent
a preliminary assessment of the likely economic, social, cultural and environmental impact, including potential risks and fair and equitable benefit-sharing in a context that respects the precautionary principle -
Legal14 December 2012Webpage
Commission submission: IVF
(a) whether section 8 of the Infertility Treatment Act 1995 (Vic) ('ITA') is inconsistent, in terms of section 109 of the Constitution, with section 22(1) of the Sex Discrimination Act 1984 (Cth) ('SD Act'); and -
Legal14 December 2012Webpage
Commission submissions: Gunn and Taylor
(gb) Where HREOC considers it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve issues of discrimination on the ground of sex, marital status, pregnancy or potential pregnancy or discrimination involving sexual harassment; -
Legal14 December 2012Webpage
Commission submissions - In support of the application by the ACTU for Parental Leave
If the Commission pleases I appear before your honours to make a submission on behalf of the Human Rights and Equal Opportunity Commission in support of the application made by the ACTU. -
Legal14 December 2012Webpage
Family Provisions Test Case
In performing its functions, the Commission must take account of the principles embodied in the Family Responsibilities Convention, in particular those relating to: -
Legal14 December 2012Webpage
WORK AND FAMILY TEST CASE
The supporting material listed below is now available from HREOC at the request of the AIRC or the parties. It is intended that relevant parts of this material will be provided with final submissions. -
Legal14 December 2012Webpage
WORK AND FAMILY TEST CASE: Submission
Explore a work and family test case in relation to indirect sex discrimination made in the Australian Industrial Relations Commission. -
Legal14 December 2012Webpage
Amicus guidelines
1. These guidelines apply only to Federal Court proceedings under the Australian Human Rights Commission Act 1986 (Cth) ("AHRC Act") as amended by the Human Rights Legislation Amendment Act (No 1) 1999 (Cth). -
Legal14 December 2012Webpage
Commission Submission - ON COMMON DIFFICULTIES FACING ABORIGINAL WITNESSES
The communication difficulties that may be faced by Aboriginal people in the legal system have long been recognised.1 In the Queensland context, these have been well documented by Dr Diana Eades 2 and the Criminal Justice Commission (CJC).3 These issues are also dealt with in detail in the Equal Treatment Benchbook of the Supreme Court of Queensland (‘the Queensland Benchbook’)4 and… -
Legal14 December 2012Webpage
Commission Submission - Giblet & Ors
On 21 April 2006 the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner (‘the Commissioner’) filed a Notice of Motion seeking leave to appear as amicus curiae in proceedings QUD 300/2005 Giblet & Ors v Queensland & Anor, QUD 301/2005 Chong & Ors v Queensland & Anor and QUD 389/2005 Douglas & Ors v… -
Legal14 December 2012Webpage
Commission Submission - Country v Beers
1. On 16 July 2003 the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner (the Commissioner) was granted leave to appear as amicus curiae in these proceedings, pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the HREOC Act). -
Legal14 December 2012Webpage
Commission Submission - Vijayakumar v Qantas
"unlawful discrimination" means any acts, omissions or practices that are unlawful under…[p]art 2 of the Disability Discrimination Act 1992 …and includes any conduct that is an offence under… Division 4 of Part 2 of the Disability Discrimination Act 1992… -
Legal14 December 2012Webpage
Commission Submission - Maslauskas v Qld Nursing
If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’. The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to… -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - Webb v Child Support Agency
(1)It is unlawful for a person to discriminate against another person on the ground of the other person’s disability or a disability of any of that other person’s associates: -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - Forest v Qld Health
(c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community. -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - Clarke v Oceania Judo
1. These submissions have been prepared for the assistance of the Court in the event that the Commissioner is given leave to appear as amicus curiae on 22 February 2007 and given an opportunity to make submissions on the issue of jurisdiction. These submissions address the contentions of the respondent asserting lack of jurisdiction in this Court to entertain these proceedings only in so far as… -
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 2010: Recommendations
That targeted research is undertaken to develop the evidence base and tools to address lateral violence as it relates to the native title system. This research should be supported by the Australian Government.