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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 because at ... -
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 Cape ... -
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 numerous complaints from people in detention and conducted two national inquiries into the mandatory detention system.[1] -
14 December 2012Book page
Native Title Report 2011: Chapter 3: Giving effect to the Declaration
Indigenous peoples from all over the world have suffered the long-standing effects of colonisation. Consequently, we continue to struggle with the challenges that I have raised in this Report; particularly those that concern our identity, culture and access to and protection of our lands, territories and resources. -
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 Peoples (National Congress), and we are also now engaged in a conversation with the Australian people about how we go about recognising Aboriginal and Torres Strait Islander peoples in our Constitution. -
Rights and Freedoms18 November 2022Speech
Housing 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 homelessness are ... -
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 in ... -
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 reservations by ... -
Legal14 December 2012Webpage
Australian 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 unacceptable risk. -
14 December 2012Book page
Chapter 2: Lateral violence in Aboriginal and Torres Strait Islander communities - Social Justice Report 2011
Last year I set out my priorities for my term as Social Justice Commissioner.[1] My priorities revolve around the central idea that to address the disadvantage faced by Aboriginal and Torres Strait Islander peoples and build a more reconciled nation, we need to develop stronger and deeper relationships: -
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 Government ... -
Legal14 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. -
10 April 2015Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations 2.2 National framework 2.3 Equality before the law and non-discrimination 2.4 Migrants, refugees and asylum seekers 2.5 Right to life, liberty and security of the person 2.1 Scope of international obligations Australia prides itself on its commitment to the promotion and protection of human rights and has announced its candidacy for election to the Human ... -
Sex Discrimination27 February 2017Submission
Violence against women in Australia (2017)
Violence against women in Australia AUSTRALIAN HUMAN RIGHTS COMMISSION SUBMISSION TO THE SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN 20 January 2017 Download PDF Download Word Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Background information 5 Recent developments in Australia 5.1 National Plan to Reduce Violence Against Women and their Children 5.2 Relevant Federal Government ... -
Asylum Seekers and Refugees17 April 2013Publication
Tell Me About: Bridging Visas for Asylum Seekers
1. What are bridging visas? Bridging visas are temporary visas which allow people to legally reside in the Australian community while they are applying for a longer term visa, appealing a decision relating to their visa, or making arrangements to leave Australia. Bridging visas can be granted to different groups of people, including asylum seekers who are seeking protection as refugees in Australia. Following health, identity and security checks... -
Legal14 December 2012Webpage
Independent Interim Report on CEDAW
Para 29: The Committee encourages the State party to continue its efforts to tackle the persistent problem of violence against women and urges the State party to adopt national legislation and adopt, implement and adequately fund as a matter of urgency the National Action Plan to Reduce Violence against Women and Their Children, including a mechanism for independent monitoring. -
Aboriginal and Torres Strait Islander Social Justice30 April 2014Webpage
Close the Gap Campaign Submission on Part IIA of the RDA
Read the submission by the Close the Gap Steering Committee about proposed freedom of speech amendments to the Racial Discrimination Act. -
14 December 2012Book page
1 Introduction and background
Between 1 September 2008 and 22 November 2011, 180 young Indonesians who said that they were children arrived in Australia, having worked as crew on boats bringing asylum seekers to Australia. These young people were often fishermen from impoverished communities in the south and east of Indonesia. Many of them have spent long periods of time in immigration detention without being charged, or prior to being charged, with an offence.
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