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5 February 2015Book page
11 Children indefinitely detained
11.1 Refugees with adverse security assessments 11.2 Sydney Detention Centre 11.3 Findings in relation to children indefinitely detained As of August 2014 there were nine children in detention centres in Australia with parents who had received adverse security assessments from the Australian Security Intelligence Organisation (ASIO). These children are indefinitely detained in Australia… -
Rights and Freedoms
18 November 2022SpeechHousing and human rights - rights where it matters
Sandy Duncanson Memorial Lecture Housing and human rights – rights where it matters Hobart, 11 October 2022 Abstract Homelessness can happen to anyone. People with disability are at an increased risk and they are joined by a growing invisible cohort of older women. COVID-19 was a trigger for state governments to find shelter for people living rough, illustrating that solutions to… -
14 December 2012Book page
Appendix 2: Chronology of Events Relating to the Administration of Indigenous Affairs - Social Justice Report 2011
Social Justice Report 2011 Back to Contents Appendix 2: Chronology of Events Relating to the Administration of Indigenous Affairs 1 July 2010 – 30 June 2011 DATE EVENT / SUMMARY OF ISSUE 2 July 2010 Torres Strait Islander sea rights recognised by Federal Court The Federal Court recognised the Torres Strait Regional Sea Claim Group’s native title rights over about 37 800sq. km of sea between… -
Commission – General
14 December 2012WebpageAustralian Council of Human Rights Agencies (ACHRA) - UPR Progress Report (2011)
The Australian Government is to be commended for its frank and robust engagement in the UPR process to date, both in the formal working group session and in engaging with the Australian Human Rights Commission (AHRC), NGOs and civil society throughout the process. -
14 December 2012Book page
2011 Immigration detention in Leonora
The Australian Human Rights Commission visited the immigration detention facility in Leonora, Western Australia from 23 to 26 November 2010. This statement contains a brief overview of the key observations and concerns arising from the Commission’s visit. It focuses on conditions as they were at that time. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechLaunch of the 2011 Social Justice and Native Title Reports (2011)
It is with respect and gratitude that I acknowledge that we sit today on the lands of the Gadigal peoples of the Eora nation. Thank you to Michael West for your generous welcome to country on behalf of the Gadigal people. -
Business and Human Rights
30 November 2022SpeechExecutive discretion in a time of COVID-19
Responses to the COVID-19 pandemic have required very quick action by governments. But those responses have also involved significant limitations on people’s rights and freedoms, especially freedom of movement, and implemented through executive power often with limited parliamentary involvement. -
14 December 2012Book page
2011 Immigration detention at Curtin
For more than a decade, the Australian Human Rights Commission has called for reforms to Australia’s system of mandatory and indefinite immigration detention – both in light of the impacts it has on people’s mental health and wellbeing, and because it leads to breaches of Australia’s international human rights obligations. During this time, the Commission has investigated… -
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
Chapter 1: A cause for cautious optimism: The year in review - Social Justice Report 2011
As I reflect on the events that have taken place during the reporting period from 1 July 2010 to 30 June 2011, I see cause for optimism whilst also acknowledging there are still some areas that remain a concern. Over the last year we have reached some major milestones. For instance, we have seen the election of the two co-chairs and a board to the National Congress of Australia’s First… -
Legal
14 December 2012WebpageAustralian Human Rights Commission Submission to the Joint Select Committee on Australia’s Immigration Detention Network (2011)
The Australian Government should implement reforms it announced in 2008 under which immigration detention is to be used as a last resort and for the shortest practicable period, people are to be detained in the least restrictive environment appropriate to their individual circumstances, and there is a presumption that people will be permitted to reside in the community unless they pose an… -
14 December 2012Book page
Community arrangements -asylum seekers, refugees and stateless persons
This year marks the twentieth anniversary of Australia’s introduction of mandatory immigration detention and the eighteenth anniversary of the system of mandatory, indefinite immigration detention. In the current context, it is apt to recall that mandatory detention was introduced in reaction to the arrival of asylum seekers by boat, with concerns about a potential ‘influx’… -
28 October 2013Book page
2 Onshore detention and processing
2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained… -
Legal
10 October 2017Submission
Information concerning Australia’s compliance with the International Covenant on Civil and Political Rights (2017)
This submission provides information concerning the civil and political rights of key population groups in Australia and other thematic issues engaging civil and political rights. In relation to each section, the Commission has referred to the relevant articles of the ICCPR engaged and (where appropriate) the relevant paragraph of the Committee’s list of issues prior to reporting dated 9 November… -
Legal
14 December 2012Webpage
Inquiry into Australia’s agreement with Malaysia in relation to asylum seekers
Recommendation 1: Asylum seekers should not be transferred from Australia to Malaysia under the Arrangement between the Government of Australia and the Government of Malaysia on Transfer and Resettlement. -
Legal
14 December 2012Webpage
Supplementary information to the Inquiry into Cyber Safety for Senior Australians
Information about cyber safety needs to be extended to offline media platforms in order to reach older Australians who are not yet online and may have concerns about going online due to safety issues. Older Australians are still very loyal to traditional media platforms such as TV, radio and print.[1] The following media settings and publications target older Australians and could be good avenues… -
12 February 2013Book page
3 Promotion and protection of human rights on the ground
3.1 Equality before the law and non-discrimination A prominent theme throughout Australia’s UPR was the unacceptable level of disadvantage experienced by Aboriginal and Torres Strait Islander Peoples, with 50 of the countries that spoke during the interactive dialogue referring to issues affecting Aboriginal and Torres Strait Islander peoples. [15] Since its appearance the Australian… -
6 February 2015Book page
Appendix 1 – Review of detention policy and practices 2004–2014
1.1 Overview 1.2 Key findings and recommendations from A last resort? 1.3 Key legislative and policy changes 1.4 New Directions in Detention policy 1.5 Third country processing 1.6 Indefinite detention on Christmas Island 1.7 Rapid offshore processing after September election 2013 1.8 Other policy decisions 1.9 Implementation of policy 1.10 Numbers and length of detention of children 2004 –… -
3 January 2014Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations During Australia’s review, the Government made a commitment to improving Australia’s monitoring of its international human rights obligations. Australia is a party to seven of the core human rights treaties and maintains a number of reservations under these. The Australian Government made a commitment to conduct a comprehensive review of such…