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Legal14 December 2012Webpage
Commission submissions: Gunn and Taylor
(gb) Where HREOC considers it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve issues of discrimination on the ground of sex, marital status, pregnancy or potential pregnancy or discrimination involving sexual harassment; -
Commission – General14 December 2012Speech
H R Law Masterclass: Federal Anti-discrimination Law in an Employment Context: recent developments, likely future directions and the lessons from the past
To some of you the role of The Human Rights and Equal Opportunity Commission (HREOC) in the industrial relations scene in Australia will be well known, others of you may be wondering why a representative of a human rights body would be speaking on this occasion. I propose therefore to briefly summarise HREOC's role in the administration of federal anti-discrimination law, including its complaint handling function, and to give some recent statistics. -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 1 - Introduction
It also considers the provisions of the Age Discrimination Act 2004 (Cth) (‘ADA’, see Chapter 2) in relation to which, at the date of publication, there have only been a limited number of cases. -
14 December 2012Book page
Same-Sex: Discussion paper
This is an Inquiry into discrimination against same-sex couples regarding access to financial and work-related entitlements and benefits. Many of Australia’s laws exclude same-sex couples from financial and work-related entitlements and benefits that are enjoyed by heterosexual couples. For example, same-sex couples do not enjoy the same tax and health concessions as other de facto couples and they may not have the same rights to pensions and other social security benefits as heterosexual couples. -
14 December 2012Book page
HREOC Report No. 26
Pursuant to s 31(b)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach, on behalf of the Commission, a report of an inquiry conducted by my predecessor, Professor Alice Tay. The inquiry dealt with a complaint of discrimination in employment by Mr Kenneth Douglas against the Commonwealth of Australia (Australian Defence Force). -
Legal20 May 2022Webpage
Submission to Court as Intervener and Amicus Curiae
The Commission has the power to intervene, with leave of the Court, in proceedings that involve issues of race, sex and disability discrimination, human rights issues and equal opportunity in employment. The power to seek leave to intervene is contained in: -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 3
This chapter explains how the provisions of international human rights treaties protect same-sex couples and their children, in the context of accessing financial and work-related entitlements. In particular, this chapter focuses on the right to non-discrimination on the grounds of sexual orientation. It also describes how the breach of that right can interfere with a range of other basic human rights, for example, the right to social security. The chapter also explains how discrimination against parents on the grounds of sexual orientation can impact on the rights of their children. -
14 December 2012Book page
Indigenous Deaths in Custody: Part D - Implementing the Recommendations
We are deeply dissatisfied with the performance to date by various government agencies... there does not appear to be any process beyond monitoring to ensure that effective implementation takes place... -
14 December 2012Book page
Bringing them Home - Chapter 14
The Government has to explain why it happened. What was the intention? I have to know why I was taken. I have to know why I was given the life I was given and why I'm scarred today. Why was my Mum meant to suffer? Why was I made to suffer with no Aboriginality and no identity, no culture? Why did they think that the life they gave me was better than the one my Mum would give me? </BLOCKQUOTE> -
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
Same-Sex: Same Entitlements: Appendix 1
The following 58 legal instruments must be amended to eliminate discrimination against same-sex couples and their children in the area of financial and work-related entitlements. -
Sex Discrimination20 April 2016Speech
National Press Club speech - Kate Jenkins
‘Accelerating change: gender equality from the household to the workplace’ Kate Jenkins Sex Discrimination Commissioner Australian Human Rights Commission National Press Club 20 April 2016 CHECK AGAINST DELIVERY I would like to acknowledge the Ngunnawal people, the Traditional Custodians and First People of the land on which we meet. I want to pay my respects to their Elders, past and present, and ... -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 12
The issue of divorce never arises for same-sex couples, since they cannot legally marry. However, a same-sex couple, like an opposite-sex de facto couple, may need the assistance of a court to resolve property and child-related issues if their relationship breaks down. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 4
It is simple to remove discrimination against same-sex couples in laws conferring financial and work-related benefits: amend the definitions describing a couple to include same-sex and opposite-sex couples alike. -
14 December 2012Book page
AusHRC 47: Mr Heyward v Commonwealth of Australia (Department of Immigration and Citizenship)
I attach my report of an inquiry into the complaint made pursuant to sК11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Heyward. -
14 December 2012Book page
Social Justice Report 2000: Chapter 5: Reparations
The Senate Legal and Constitutional References Committee conducted an inquiry this year into the federal government's implementation of recommendations made by the Human Rights and Equal Opportunity Commission in Bringing them home. The inquiry considered proposals for the establishment of an alternative dispute resolution tribunal for members of the stolen generations; and considered the consistency of the government's response to the recommendations with the reconciliation process and the aspirations and needs of members of the stolen generations. -
14 December 2012Book page
Chapter 3: A human rights-based approach to lateral violence - Social Justice Report 2011
When we look at the many issues that face Aboriginal and Torres Strait Islander communities, it is easy to get paralysed by their complexity, entrenched nature and the sheer size of the challenge. But as an optimist, I believe that there is a lot that we can do to address these problems. There are many different tools available to suit the varying circumstances that face our diverse communities. Lateral violence is no different. -
14 December 2012Book page
HREOC Report No. 24
This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission [1] (the Commission) following an inquiry conducted by the Commission. The inquiry related to a complaint by Amnesty International Australia (Amnesty) on behalf of Mr PH1, Mr PH2, Mr PH3, Mr PH4 and Mr PH5 (the asylum seekers) against the Commonwealth of Australia (the Commonwealth), Department of Immigration, Multicultural and Indigenous Affairs (the Department). -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 2 - The Age Discrimination Act
The ADA commenced operation on 23 June 2004. At the date of publication there have been a limited number of cases in which the ADA has been considered[1] and there has not yet been a successful claim of unlawful age discrimination. This chapter therefore focuses on the background to the legislation and its significant features as well as highlighting some similarities and differences with other federal unlawful discrimination laws that may be relevant to its interpretation and application.[2] -
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.