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Rights and Freedoms1 May 2013Publication
Human rights issues raised by the third country processing regime
The Commission recognises the importance of effective border management and recognises that Australia has a right as a sovereign State to exclude non-citizens from its territory. However, Australia also has international obligations in relation to asylum seekers who come here, including those who arrive by boat, which must be observed in its border management practices. This paper provides a brief outline of the recent changes and highlights the key human rights concerns raised by the third country processing regime. -
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. -
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. -
Legal14 December 2012Webpage
Review of Counter-Terrorism and National Security Legislation
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. -
14 December 2012Book page
National Inquiry on Employment and Disability Interim Report
Issues Paper 3, which was issued on the launch of the Inquiry, discussed the incentives and disincentives regarding employment of people with disability from the perspective of employers. -
Rights and Freedoms14 December 2012Speech
"The rights of the child and international human rights law"
This morning I am going to talk to you about unaccompanied child migrants in the wider context of current world trends. In so doing, I have taken full account of the lessons to be learned from the experiences of the victims of British child migration schemes. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Social Justice and Wellbeing (2010)
I begin today by paying my respects to the Ngunnawal peoples and their elders, whose land we meet on today. I acknowledge their graciousness in sharing their lands and their culture with all those who live and visit here. -
14 December 2012Book page
Native Title Report 2009: Chapter 1
The reporting period for this Report is 1 July 2008 to 30 June 2009. Throughout this period, there was significantly more activity in native title law and policy than I witnessed in the first five years of my term as the Aboriginal and Torres Strait Islander Social Justice Commissioner. -
14 December 2012Book page
A Time to Value - Part C
The interim paper, Valuing Parenthood: Options for paid maternity leave set out an extensive range of objectives that paid maternity leave could meet. [242] Many of these objectives were dependent on the structure of the scheme that was implemented. -
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: -
14 December 2012Book page
Achieving Aboriginal and Torres Strait Islander health equality within a generation - A human rights based approach
Improving the health status of Aboriginal and Torres Strait Islander peoples is a longstanding challenge for governments in Australia. While there have been improvements made in some areas since the 1970s (notably in reducing high rates of infant mortality1) overall progress has been slow and inconsistent. The inequality gap between Aboriginal and Torres Strait Islander peoples and other Australians remains wide and has not been progressively reduced. -
26 March 2014Book page
Chapter 4: Principle 1: Strong leadership drives reform
Key findings of ADF Review To support and drive the cultural reform envisaged by the ADF Review, strong, clear and consistent leadership is essential. This commitment must be widely communicated and reinforced at all levels of the organisation through policies, practices, rewards and sanctions. Progress must be monitored at the most senior levels regularly and transparently. Every member of the ... -
14 December 2012Book page
Bringing them Home - Chapter 21
Indigenous children throughout Australia remain very significantly over-represented `in care' and in contact with welfare authorities. Their over-representation increases as the intervention becomes more coercive, with the greatest over-representation being in out-of-home care. Indigenous children appear to be particularly over-represented in long-term foster care arrangements. A high percentage of Indigenous children in long-term foster care live with non-Indigenous carers. -
14 December 2012Book page
2011 Immigration detention at Villawood
The Australian Human Rights Commission visited the immigration detention facilities at Villawood from 21 to 25 February 2011. This statement contains a summary of the key observations and concerns arising from the Commission’s visit. It focuses on conditions as they were at that time. -
Commission – General14 December 2012Webpage
Senate File Listing 1 January 2011 to 30 June 2011
FileId: 2006/341-4 Create Date 09-May-2011 Name: GENERAL COMPLAINTS Title: COMPLAINT HANDLING - NATIVE TITLE INVESTIGATION -
14 December 2012Book page
HREOC Social Justice Report 2002: Summary
The Social Justice Report 2002 discusses initiatives currently underway or in development at the federal, state and territory levels in relation to Aboriginal and Torres Strait Islander Affairs. The report commends the following positive developments in Indigenous policy: -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased was travelling with a friend in a car on Kloeden St, Ceduna at around 1:30am on the morning of Sunday 2 July. The car was approached by police who later stated that they were attending to a break-in in the street. The officers ran a warrant check on the pair. The friend was allowed to go but the deceased was arrested on warrants for non-payment of fines and a non-appearance on an assault police charge at Port Lincoln Courthouse, 300km from Ceduna. Following the arrest procedures the deceased was placed in the police cell complex around about 2.30am. -
14 December 2012Book page
Chapter 3: From community crisis to community control in the Fitzroy Valley - Social Justice Report 2010
It is a story of colonisation; the threat of losing our cultural authority to manage our societies; and the despair that has come from that disempowerment. It is a story of grief and trauma and the continued pain of living with grog, drug and violence. -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 5 The Disability Discrimination Act
The DDA covers discrimination on the ground of disability, including discrimination because of the use of a therapeutic device or aid, accompaniment by a carer or assistant or accompaniment by an assistance animal. -
14 December 2012Book page
Native Title Report 2006: Chapter 1: Indigenous Perspectives on Land and Land Use
If a group’s traditional country is not in a mining area they escape the injury to country that mining represents but have little opportunity to really develop industry and commerce that could support their communities.1