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Legal14 December 2012Webpage
Commission Submission: Ashmore
1. The Coroner has jurisdiction, relevantly, "to investigate a death". See s 19(1) of the Coroner's Act 1996 (CI) (the Act). Also see the definition of "investigation" in s 3 and ss 8, 25(1) - (3), 27(3) - (5), 44(2), 46(2) and 50 of the Act. Cf s 6(1) of the Coroner's Act 1920 (CI) which limited the jurisdiction of the Coroner, relevantly, "to inquire into the manner and… -
Legal14 December 2012Webpage
Intervention: Annotated Submissions on Behlaf of the Australian Human Rights Commission (Intervening)
The Commission has an interest and expertise in relation to the rights of transgender persons generally, and transsexuals more particularly, as set out in paragraphs 7 and 12 of the affidavit of Catherine Branson filed on 27 April 2011. Accordingly it will be able to assist the Court by way of these written submissions and, if appropriate, by way of oral submissions. -
Legal14 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 -
Legal14 December 2012Webpage
Submissions - Yorta Yorta
1. By Notice of Motion filed 1 May 2002, the Human Rights and Equal Opportunity Commission ("the Commission") seeks leave to intervene at the hearing of the appeal pursuant to para 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 and para 20(1)(e) of the Racial Discrimination Act 1975 ("RDA"). -
Legal14 December 2012Webpage
Submission to Court as Intervener and Amicus Curiae
The Human Rights and Equal Opportunity Commission (‘the Commission’) has sought leave to appear as amicus curiae in the hearing of both appeal proceedings. The Commission does not argue for a particular outcome in the appeal, but rather seeks to identify the relevant principles of law as they apply to the appeal for the assistance of the Court. -
Legal14 December 2012Webpage
Morton v Queensland Police Service D75/08. (2008)
The Human Rights and Equal Opportunity Commission (‘the Commission’)[1] has been granted leave to appear as an amicus curiae in the hearing of this appeal. -
Legal14 December 2012Webpage
Morton v. Queensland Police Service (2010)
The Australian Human Rights Commission (‘the Commission’) has sought leave to appear as amicus curiae in these appeal proceedings. The Commission does not argue for a particular outcome in the appeal, but rather seeks to identify the relevant principles of law for the assistance of the Court. -
Legal14 December 2012Webpage
Qantas v Gama
Explore a report by the Australian Human Rights Commission regarding Qantas v Gama in relation to the Human Rights and Equal Opportunity Commission Act. -
Legal14 December 2012Webpage
Commission submissions: Gama
You can explore a report by the Australian Human Rights Commission regarding Qantas v Gama in relation to the Racial Discrimination Act (1975). -
Legal14 December 2012Webpage
Commission submissions: Bropho
3. HREOC makes no submissions about the factual findings. These submissions are concerned with the proper legal tests to apply and not the application of the facts under those tests. -
Legal14 December 2012Webpage
Commission submissions: Baird
1. The Human Rights and Equal Opportunity Commission (‘the Commission’) has been granted leave to intervene in the hearing of this matter, in the exercise of its function under s 20(1)(e) of the Racial Discrimination Act 1975 (Cth) (‘the RDA’). -
Legal14 December 2012Webpage
Commission submissions: Katinyeri
1. The Human Rights and Equal Opportunity Commission ("the Commission") by notice of motion dated 24 December 1997, has sought leave to intervene in these proceedings pursuant to ss.11(1)(o)of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the Act") relying upon the affidavit of Christopher Dominic Sidoti sworn on 24 December 1997. -
Legal14 December 2012Webpage
Commission submissions: Clarke
The Commission has an interest and expertise in relation to the interpretation of the RDA, the application of the International Convention of the Elimination of all forms of Racial Discrimination (CERD),[1] and racial discrimination issues generally, as set out in paragraphs 14 and 15 of the affidavit of Ms Branson dated 18 July 2011. -
Legal14 December 2012Webpage
Commission submissions: Sakhi
1. The Human Rights and Equal Opportunity Commission (“the Commission”) seeks the leave of the Court to intervene to make submissions in this case. -
Legal14 December 2012Webpage
Commission submissions: Khafaji
The Commonwealth relies upon Australia's response to the UNHRC's decision in A v Australia.(34) Nothing flows from that response. The UNHRC hears individual complaints of violations of the ICCPR (called "communications") under the First Optional Protocol to the ICCPR. (35) Australia is a party to the First Optional Protocol. (36) The decisions or "views" of the UNHRC regarding… -
Legal14 December 2012Webpage
Commission submissions: Khafaji
SHDB Appellant PHILIPPA GODWIN First Respondent JULIE HELEN KEENAN Second Respondent MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS Third Respondent -
Legal14 December 2012Webpage
Commission submissions: Al Masri
1. The Human Rights and Equal Opportunity Commission (the "Commission") files these written submissions pursuant to the orders entered 24 September 2002. The Commission makes no submissions on the respondent's motion of 18 September 2002. On the assumption that the appeal is competent, the Commission's submissions address the proper construction of s.196 of the Migration Act 1958 (Cth) … -
Legal14 December 2012Webpage
No. V 470 of 2002
1. The Human Rights and Equal Opportunity Commission (the 'Commission') files these written submissions pursuant to the orders entered on 13 September 2002. The Commission makes no submissions on the issue of whether the Minister should be granted leave to appeal from the judgment and orders of Merkel J. On the assumption that such leave is granted, the Commission's submissions address the proper… -
Legal14 December 2012Webpage
Commission submission - s134
1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the… -
Legal14 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…