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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. -
14 December 2012Book page
Native Title Report 2011: Chapter 1: Reviewing key developments in the Reporting Period
In this Chapter I review key developments within the native title system that occurred throughout the Reporting Period (1 July 2010 to 30 June 2011) and consider the impact of these events on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples’ human rights. -
14 December 2012Book page
Native Title Report 2011: Chapter 2: Lateral violence in native title: our relationships over lands, territories and resources
A key priority throughout my five year term as Social Justice Commissioner is to strengthen and rebuild relationships within our Aboriginal and Torres Strait Islander communities. -
14 December 2012Book page
Native Title Report 2011: Chapter 4: Options for addressing lateral violence in native title
This Chapter considers options for addressing lateral violence in environments that concern our lands, territories and resources. Although this is the beginning of the conversation, the Chapter aims to give Aboriginal and Torres Strait Islander peoples and communities some ideas about how to address lateral violence through the establishment of strong structural foundations and principles. It… -
14 December 2012Book page
1999 Social Justice Report
Dr Jonas has focused this report on young Indigenous people young between the ages of 15 and 29. The Indigenous population is young, with a median age of 20. Over the next decade a high proportion of Indigenous people will reach working age and be ready to take on adult responsibilities. From this group will emerge Indigenous Australia's future leaders. -
14 December 2012Book page
1997 Social Justice Report
The Fifth Report 1997 includes a discussion of co-existence with emphasis on the Wik decision and a consideration of the 30 years of Indigenous affairs since the 1967 Referendum. A time line summarises some of the major achievements of Indigenous activism in that time. The report includes a chapter on the contemporary separations of Indigenous children from their families through the juvenile… -
14 December 2012Book page
Appendix 3 - Indigenous Languages - A National Approach: Social Justice Report 2009
The most recent report on Indigenous languages in Australia, the National Indigenous Languages Survey (NILS) Report 2005, found that the situation of Australia’s Indigenous languages is grave and requires urgent action. Of the 145 Indigenous languages still spoken in Australia, 110 are critically endangered. All of Australia’s Indigenous languages face an uncertain future if immediate…