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14 December 2012Book page
Appendix 1 - Chronology of events relating to the administration of Indigenous affairs, 1 July 2008 – 30 June 2009: Social Justice Report 2009
[1] Minister for Families, Housing, Community Services and Indigenous Affairs, ‘Cape York Welfare Reform Trial to begin’ (Media Release, 1 July 2008). At http://www.jennymacklin.fahcsia.gov.au/internet/jennymacklin.nsf/content/cape_york_welfare_1jul08.htm (viewed 28 July 2008). -
14 December 2012Book page
A Last Resort? - Summary Guide (2004)
It was established to consider whether Australia's immigration detention laws and its treatment of children in immigration detention comply with the United Nations Convention on the Rights of the Child. -
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. -
4 February 2015Book page
6 Mothers and babies in detention
6.1 Responsive and sensitive parenting 6.2 Pregnant women in Australian detention centres 6.3 Pregnancies on Nauru 6.4 Babies with no nationality 6.5 Miscarriages, deaths and terminations 6.6 Family separation 6.7 Mental health disorders in new mothers 6.8 Parent disempowerment 6.9 Motor, sensory and language development in babies 6.10 Adequate nutrition and healthcare 6.11 Protection from ... -
14 December 2012Book page
A Report on Visits to Immigration Detention Facilities by the Human Rights Commissioner 2001
1.1 Background to this report 1.2 Compliance with human rights obligations 1.3 Conduct of visits 1.4 Overview of immigration detention facilities 1.5 Response by Department of Immigration and Multicultural and Indigenous Affairs -
Aboriginal and Torres Strait Islander Social Justice19 May 2014Submission
ALRC: Review of the Native Title Act 1993
Australian Human Rights Commission Submission to the Australian Law Reform Commission ALRC: Review of the Native Title Act 1993 14 May 2014 Downloads Download in PDF Download Word Table of Contents 1 Introduction 2 Recommendations 3 General Comments 4 The Native Title Act and its consistency with international human rights standards 4.1 The United Nations Declaration on the Rights of Indigenous ... -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Publication
Submission: Human rights and fundamental freedoms of Indigenous people
The Australian Human Rights and Commission has made a submission on behalf of the Indigenous Peoples Organisation Network (IPON) of Australia to Professor S. James Anaya, UN Special Rapporteur on the human rights and fundamental freedoms of Indigenous Peoples, on the current status of Indigenous human rights in Australia for his Mission to Australia which is taking place from 17-28 August 2009. -
14 December 2012Book page
Native Title Report 2010: Chapter 3: Consultation, cooperation, and free, prior and informed consent: The elements of meaningful and effective engagement
On 3 April 2009, the Minister for Families, Housing, Community Services and Indigenous Affairs (Minister for Indigenous Affairs) delivered a formal statement in support of the United Nations Declaration on the Rights of Indigenous Peoples (Declaration).[1] In this statement, the Minister acknowledged that ‘[w]e need to find more ways of hearing Indigenous voices’.[2] -
14 December 2012Book page
Native Title Report 2007: Chapter 1
Native title is now well established in Australian law. The native title system was set up in 1994 under the Native Title Act 1993 (Cth) (the Native Title Act). It is for gaining recognition and protection of native title, and for resolving native title matters. It has been successfully used in many parts of the country. -
14 December 2012Book page
10. Physical Health of Children in Immigration Detention
The human right to health is not simply the right to health care. It is also a right to the underlying determinants of health, including food and nutrition, housing, access to safe drinking water and adequate sanitation, and a healthy environment. -
14 December 2012Book page
Chapter 2 – An Aboriginal and Torres Strait Islander human rights protection framework for the 21st century: Social Justice Report 2008
All Australians are equally entitled to enjoy the rights, benefits and responsibilities of citizenship. In our society, every person should feel free from discrimination of any kind and have the right to share in the nation's land, resources and wealth. The entitlements and freedoms of all people are recognised in human rights instruments, many of which have been freely signed and ratified by Australia, and in some instances are now a part of Australian law. -
14 December 2012Book page
6. Australia's Immigration Detention Policy and Practice
Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals). Australian law makes no distinction between the detention of adults and children. -
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. -
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
Our future in our hands (2009)
“The discussion about a new National Representative Body is about our place at the table in making the decisions that impact on our communities, on our men, our women and our children. -
Aboriginal and Torres Strait Islander Social Justice10 April 2013Publication
"Our future in our hands"
Download in PDF [1.72MB] Community Guide to the Report Table of Contents Introduction Section 1: The importance of a National Representative Body Section 2: What we heard in the national consultation process Section 3: The proposed model: a new National Representative Body for Aboriginal and Torres Strait Islander peoples Section 4: A developmental approach: the interim process for the new national representative body to December 2010. -
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. -
14 December 2012Book page
Social Justice Report 2006: Chapter 3: Addressing the fundamental flaw of the new arrangements for Indigenous affairs – the absence of principled engagement with Indigenous peoples
This is the third successive Social Justice Report to report on the implementation of the new arrangements for Indigenous affairs at the federal government level. The past two Social Justice Reports have emphasised the importance of governments ensuring the effective participation of Indigenous peoples in decision making that affects our lives. This includes the development of policy, program delivery and monitoring by governments at the national, as well as state, regional and local levels. -
14 December 2012Book page
Social Justice Report 2003: Executive Summary
The Social Justice Report 2003 is the fifth report by Aboriginal and Torres Strait Islander Social Justice Commissioner, Dr William Jonas. It was tabled in federal Parliament, along with the Native Title Report 2003, in March 2004. -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: