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14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 12
The issue of divorce never arises for same-sex couples, since they cannot legally marry. However, a same-sex couple, like an opposite-sex de facto couple, may need the assistance of a court to resolve property and child-related issues if their relationship breaks down. -
Legal20 May 2022Webpage
Submission to Court as Intervener and Amicus Curiae
The Commission has the power to intervene, with leave of the Court, in proceedings that involve issues of race, sex and disability discrimination, human rights issues and equal opportunity in employment. The power to seek leave to intervene is contained in: -
14 December 2012Book page
Indigenous Deaths in Custody: Part D - Implementing the Recommendations
We are deeply dissatisfied with the performance to date by various government agencies... there does not appear to be any process beyond monitoring to ensure that effective implementation takes place... -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 7 - Damages and Remedies
(4) If the court concerned is satisfied that there has been unlawful discrimination by any respondent, the court may make such orders (including a declaration of right) as it thinks fit, including any of the following orders or any order to a similar effect: -
Legal14 December 2012Webpage
Questions on Notice 13 May 2003
I refer to the Questions on Notice taken by the Human Rights and Equal Opportunity Commission ("HREOC") during its evidence before the Senate Legal and Constitutional Legislation Committee's Reference on the Australian Human Rights Commission Legislation Bill 2003 ("AHRC Bill") on 29 April 2003 and provide the responses below. -
Legal14 December 2012Webpage
Submission to the Senate Legal and Constitutional Legislation Committee
1.1 Wide-ranging amendments to the structure and functions of the Human Rights and Equal Opportunity Commission ("the Commission") are proposed by the Australian Human Rights Commission Legislation Bill 2003 (Cth) ("AHRC Bill"). -
Legal14 December 2012Webpage
Submission: MIGRATION AMENDMENT (DESIGNATED UNAUTHORISED ARRIVALS) BILL 2006
1.1 The Human Rights and Equal Opportunity Commission (‘The Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 (‘the Bill’). 1.2 The Commission welcomes the opportunity to make this submission and thanks the Committee for its invitation. -
Legal14 December 2012Webpage
Submission - Proposed WA Human Rights Act (2007)
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. -
14 December 2012Book page
Living Spirit - Muslim Women's Project 2006: Appendices 3 and 4
Questions to consider: Using scenarios based on true stories of racial and religious discrimination and abuse under the themes of human rights, negative stereotyping and misconceptions, the hypothetical will ask the panellists ‘How would you respond’? This addresses the sets of standards policy and decision makers use to respond to incidents of discrimination and abuse. -
14 December 2012Book page
HREOC Report No. 26
Pursuant to s 31(b)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach, on behalf of the Commission, a report of an inquiry conducted by my predecessor, Professor Alice Tay. The inquiry dealt with a complaint of discrimination in employment by Mr Kenneth Douglas against the Commonwealth of Australia (Australian Defence Force). -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 4
It is simple to remove discrimination against same-sex couples in laws conferring financial and work-related benefits: amend the definitions describing a couple to include same-sex and opposite-sex couples alike. -
14 December 2012Book page
Report No. 42: Mr KL v State of NSW - Report into discrimination in employment
Pursuant to s 31(b)(ii) of the Australian Human Rights Commission Act 1986 (Cth), I attach my report of an inquiry into the complaint made by Mr KL of discrimination in employment on the basis of criminal record by the NSW Department of Education. -
Legal14 December 2012Webpage
Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008)
(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform) -
Legal14 December 2012Webpage
Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008)
(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform) -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
This submission has been prepared by staff and law students from the Southern Communities Advocacy Legal and Education Service Inc (SCALES). The students worked on this submission as part of a course offered through Murdoch University School of Law in Advanced Clinical Legal Education. This unit is conducted at the School's Law Clinic - SCALES which is also a community legal centre that provides free legal advice, information and representation to low income people living in the Kwinana, Rockingham and Mandurah areas. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 5
Protecting the best interests of a child is one of the most important principles of international law and the Convention on the Rights of the Child (CRC) in particular. This chapter focuses on whether federal law currently protects the best interests of a child being raised by lesbian or gay parents. -
Legal14 December 2012Webpage
CERD Index
This submission is prepared by Australia's national human rights institution, the Human Rights and Equal Opportunity Commission (HREOC). It provides information in relation to the Australian Government's combined 13th and 14th periodic report under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). All of the material contained in this document has previously been brought to the attention of the Australian government through a range of Commission publications and submissions. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 13
Superannuation is one of the main ways of saving for retirement. It is designed to provide financial security for individuals and their families in retirement; or when a person dies unexpectedly. -
14 December 2012Book page
Valuing Parenthood - Part C
7.1 Introduction 7.2 Health and welfare of mothers and newborn children 7.3 Enabling women to combine work and family 7.4 Direct cost of children 7.5 Economic security for women -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 3
This chapter explains how the provisions of international human rights treaties protect same-sex couples and their children, in the context of accessing financial and work-related entitlements. In particular, this chapter focuses on the right to non-discrimination on the grounds of sexual orientation. It also describes how the breach of that right can interfere with a range of other basic human rights, for example, the right to social security. The chapter also explains how discrimination against parents on the grounds of sexual orientation can impact on the rights of their children.