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Legal14 December 2012Webpage
National Security Legislation Amendment Bill 2010 and Parliamentary Joint Committee on Law Enforcement Bill 2010
The Australian Human Rights Commission (the Commission) makes this submission to the Senate Legal and Constitutional Affairs Committee in its Inquiry into the National Security Legislation Amendment Bill 2010 (the Bill) and the Parliamentary Joint Committee on Law Enforcement Bill 2010. -
14 December 2012Book page
Native Title Report 2005 : Chapter 3 : The economic logic of the NIC Principles and economic development on Indigenous lands
As my predecessor pointed out in the Native Title Report 2003, native title is a political process as well as a legal process. Indigenous people enter a relationship with the State on the basis of their identity as the traditional owner group of an area of land. In some cases native title has provided the first opportunity since colonisation for a relationship of this type to be formed. -
Legal14 December 2012Webpage
National Security Legislation Proposed Amendments (2009)
The Australian Human Rights Commission (the Commission) makes this submission to the Attorney-General’s Department, providing comments on the Attorney-General’s discussion paper on proposed amendments to the National Security Legislation (the discussion paper). -
14 December 2012Book page
AusHRC 45: Mr Al Jenabi v Commonwealth of Australia (Department of Immigration and Citizenship)
I have completed my report of an inquiry into the complaint made pursuant to section 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Al Jenabi. -
14 December 2012Book page
Native Title Report 2000: Chapter 2: Definition and extinguishment of native title by the common law
This year the High Court will decide fundamental issues about the nature of native title and the extent to which it is protected by the common law. In hearing the appeal of the Miriuwung, Gajerrong and Balangarra peoples from the decision of the Full Federal Court in Western Australia v Ward (1) the court will be called upon to arbitrate an old dispute that has never been settled; that between Indigenous and non-Indigenous people as competing claimants for land. In this arbitration process the survival of non-Indigenous interests is assured. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 8: Deprivation of Liberty and Humane Detention
In accordance with the general principle stated at Guideline 2 and the UNHCR [1] Guidelines on Refugee Children, minors who are asylum seekers should not be detained… -
Legal14 December 2012Webpage
Commission submissions:the Queen
Apart from the express statutory authority for such intervention it would appear that the non party intervention may only be allowed where the intervener can provide arguments or facts which will contribute to the Court's reaching an informed decision, and where the significance of those arguments or facts is sufficient to outweigh any expense and/or delay which may be caused to the parties by such intervention. -
Legal14 December 2012Webpage
Inquiry into the Fair Work Bill 2008 (2009)
The Australian Human Rights Commission (the Commission) makes this submission to the Senate Education, Employment and Workplace Relations Committee in its Inquiry into the Fair Work Bill 2008. -
14 December 2012Book page
Social Justice Report 2000: Chapter 2: Reconciliation and human rights
This will be how we assess the success or otherwise of the reconciliation process in years to come. The reconciliation process has the potential to be as significant, and difficult, as the process that led to the joining together of the states into one indissoluble federation in 1901. It challenges us to adapt the structures of society in ways that ensure that first nation peoples can participate fully, be welcomed and have our cultures respected. Integral to this process is an acknowledgement of the wrongs of the past and an acceptance of the need for a restructured relationship. -
Legal14 December 2012Webpage
1996 GUIDELINES FOR SPECIAL MEASURES UNDER THE SEX DISCRIMINATION ACT 1984
This publication, 1996 Guidelines for Special Measures under the Sex Discrimination Act 1984, is produced to increase awareness and understanding of the recently amended special measures provisions in the Sex Discrimination Act 1984 (SDA). It aims to offer guidance on the effective implementation of special measures, or measures designed to achieve equality, in areas covered by the SDA. -
Legal14 December 2012Webpage
1996 GUIDELINES FOR SPECIAL MEASURES UNDER THE SEX DISCRIMINATION ACT 1984
1.1 SHORT TITLE 1.2 PURPOSE 1.3 INTERPRETATION 1.4 DEFINITION 1.5 SCOPE 1.6 THE SEX DISCRIMINATION ACT 1984 The objects of the Sex Discrimination Act Grounds of discrimination Areas where discrimination is unlawful Discrimination and equality -
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 2003 : Chapter 4: Native Title and Agreement Making : a Comparative Study
The failure in Australia to perceive native title and land rights as the basis on which to address Indigenous economic and social development has been evident at legal, policy and administrative levels. Legally, the increasingly narrow interpretation of native title by the High Court has, as Noel Pearson has pointed out, stripped native title of much economic meaning or benefit. -
Rights and Freedoms14 December 2012Publication
Implementing the Optional Protocol to the Convention against Torture : Options for Australia
A report to the Australian Human Rights Commission by Professors Richard Harding and Neil Morgan (Centre for Law and Public Policy, The University of Western Australia) -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission will focus on the current Australian immigration detention regime as it applies to minors. The regime will be examined based on data and information made available by the Department of Immigration and Multicultural and Indigenous Affairs (“DIMIA”) and supporting documentation ranging from government publications, the Flood Inquiry and testimonies given to the Australian Human Rights and Equal Opportunity Commission “HREOC” under oath. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
This is a paper prepared by Amnesty International for the HREOC Inquiry into children in immigration detention centres. In particular, this paper sets out Amnesty International's concerns with the detention of children, having regard to the international human rights treaties to which Australia has committed itself. -
Legal14 December 2012Webpage
Submission: Commission intervener
1.1 On 8 February 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.92 of the Family Law Act 1975 (Cth) ("Family Law Act"). -
Legal14 December 2012Webpage
Commission submission - Minh Dung Luu
1. The Human Rights and Equal Opportunity Commission ("the Commission") was granted leave by his Honour Justice Marshall on 5 June 2001 to intervene in these proceedings pursuant to s 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the "HREOC Act"). -
14 December 2012Book page
Social Justice Report 2001: Chapter 4: Laws mandating minimum terms of imprisonment (‘mandatory sentencing’) and Indigenous people
On 13 April 2000, the Senate requested the Human Rights and Equal Opportunity Commission to inquire into all aspects of the agreement between the Northern Territory Government and the Commonwealth regarding the Territory’s mandatory sentencing regime; the consistency of mandatory sentencing regimes with Australia’s international human rights obligations; and Western Australia’s mandatory sentencing regime.[1] -
1 August 2014Book page
Chapter 5: The legal and policy framework
Learn about how Australia has entered international human rights obligations to stop pregnancy and return to work discrimination against women.