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Legal14 December 2012Webpage
Submissions made by the Aboriginal and Torres Strait Islander Social Justice Commissioner
The Aboriginal and Torres Strait Islander and Social Justice Commissioner was granted leave to appear as amicus curiae in two proceedings before the Queensland Supreme Court: Giblet & Ors v Qld & Anor, Chong & Ors v Qld & Anor. -
14 December 2012Book page
International Review of Indigenous issues in 2000: Australia - 2. The fight against racism: Principles of non-discrimination and equality
The international human rights norms against which practices of racism and discrimination against Indigenous people must be judged are the guarantees of equality before the law and racial non-discrimination. These norms are recognised in every major international human rights treaty, convention and declaration. They are recognised and protected in the following instruments to which Australia is a party. -
14 December 2012Book page
Comments by Aboriginal and Torres Strait Islander Social Justice Commissioner on MMSD (Australia) Project (2001)
In early 2001 AMEEF, as managers of the MMSD (Australia) project, commissioned various studies including a baseline assessment of the minerals industry and five other areas of interest: mining and biodiversity, stakeholder engagement, mining-Indigenous agreements, managing minerals wealth, and industry-based initiatives for sustainable development. These studies will contribute to a final report of the MMSD (Australia) project, which will form part of MMSD's global project. -
Rights and Freedoms3 March 2023Speech
Human Rights in the time of Covid
Responding to the COVID-19 pandemic as a public health emergency tested national readiness in a federal system to contain the spread of the disease effectively and required very quick action by governments. -
Commission – General14 December 2012Speech
Equality before the law
In the second century AD, Marcus Aurelius, a Roman emperor and Stoic philosopher, thanked one of his brothers for teaching him to value "the conception of the state with one law for all, based upon individual equality and freedom of speech, and of a sovereignty which prizes above all things the liberty of the subject."1 -
Aboriginal and Torres Strait Islander Social Justice29 October 2013Speech
The Native Title Act 20 years on: where to from here?
AIATSIS National Native Title Conference, Alice Springs -
14 December 2012Book page
International Review of Indigenous issues in 2000: Australia - 5. Failure to provide adequate protection of Indigenous Rights
Failure to implement the Genocide Convention Education and the abolition of Bilingual Education Programs in the Northern Territory Redressing Indigenous disadvantage -
14 December 2012Book page
International Review of Indigenous issues in 2000: Australia - 4. National laws contributing to racism, racist practices and / or race related discrimination
On 3 June 1992 the High Court of Australia handed down its decision in Mabo v Queensland (No.2) (1992) 175 CLR 1. This decision constitutes the first recognition of indigenous property rights at common law in Australia. The Court rejected the previously existing view that Australia was terra nullius (or land belonging to no-one) upon settlement by Europeans in 1788. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Publication
Native Title Reports
Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land. -
14 December 2012Book page
Native Title Report 2009: Chapter 2
Despite the High Court’s landmark decision, Australian courts, governments and non-Indigenous people have struggled to accept fully the rights of Indigenous peoples to their lands, waters and territories. In successive court decisions, our cultures have been viewed through a non-Indigenous lens, with our rights separated and eliminated one by one. -
14 December 2012Book page
Social Justice Report 2004 : Appendix 2: How the Racial Discrimination Act 1975 applies to Shared Responsibility Agreements
The Racial Discrimination Act 1975 (Cth) (RDA) makes it unlawful to discriminate on the basis of race, colour, descent or national or ethnic origin. The proscriptions of unlawful discrimination in the RDA potentially apply to Shared Responsibility Agreements (SRAs), including: -
14 December 2012Book page
Native Title Report 2000: Chapter 1: Nation in dialogue
The application of human rights principles to native title has been the subject of an ongoing dialogue taking place both nationally and internationally in the reporting period. -
Legal14 December 2012Webpage
Information concerning Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (2010)
Recommendation 2: That the proposed Joint Parliamentary Committee on Human Rights be empowered to make recommendations in relation to the implementation of ICERD Committee Concluding Observations. -
Aboriginal and Torres Strait Islander Social Justice10 April 2013Publication
Draft guidelines: Ensuring income management measures compliancy
The Commission has issued these draft guidelines to provide practical assistance to Parliament and the Government in designing and implementing income management measures that protect human rights and are consistent with the RDA. They are also intended to increase awareness among affected communities about the application of the RDA to income management regimes. -
14 December 2012Book page
Native Title Report 2001: Chapter One: The Right to Negotiate and Human Rights
The 'right to negotiate' is a fundamental right assured by the Commonwealth Native Title Act (the 'NTA') and reflected in international human rights standards. Yet in practice the capacity of native title parties to exercise their 'right to negotiate' is determined by factors other than the mere existence of the right. Given the primary role of state and territory governments in land administration, their policies regarding the administration of the right to negotiate have a significant impact on native title parties' capacity to exercise their 'right to negotiate'. -
14 December 2012Book page
Native Title Report 2005: Chapter 1: Background the origin of land rights and barriers to economic development through native title
The Australian Government has signalled that economic development is a central focus for the Indigenous Affairs portfolio this term. The Ministerial Taskforce on Indigenous Affairs, created in May 2004 to drive and coordinate the federal Government’s Indigenous policies,1 identified as one of three key areas2 for priority action: -
14 December 2012Book page
Native Title Report 2001: Introduction
Native title was recognised by the High Court, nearly ten years ago, on 3 June 1992. The Mabo decision [1] gave recognition to the unique and profound relationship that Indigenous people have always had with their land. -
Commission – General14 December 2012Webpage
Links to Human Rights Organisations and Resources
This website contains links to other websites that are external to the Australian Human Rights Commission. The Commission takes reasonable care in linking websites but has no direct control over the content of the linked sites, or the changes that may occur to the content on those sites. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites. -
14 December 2012Book page
Social Justice Report 2005 : Appendix 1 : Chronology of events relating to the new arrangements for the administration of Indigenous affairs, 1 July 2004 - 30 June 2005
This Appendix provides an overview of main events since the introduction of the new arrangements for the administration of Indigenous affairs on 1 July 2004. It commences with a summary table and is followed by a detailed description of each event. -
14 December 2012Book page
Native Title Report 2002: Extinguishment of Native Title
The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds to the specific issues raised by the recognition of native title, a proprietary interest which is inherent to a particular racial group.