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2.1 A two stage decision-making process There are two stages of the decision-making process under section 501. At the first stage, the Minister or the delegate must consider whether the person passes the character test (referred to as the ‘threshold test for refusal or cancellation’ in the sections below). The character test is set out in subsection 501(6), and is discussed in section 2.3 below ...

It was a landmark for Australia - the first federal law to say that all people have the right to be treated fairly, regardless of their background, culture or colour.

In the past year Australia's compliance with international human rights obligations has been under scrutiny by United Nations human rights treaty committees through consideration of Australia's periodic reports under four treaties. [1] Much of this attention has focused on issues relating to Aborigines and Torres Strait Islanders. This chapter focuses on the dialogue between the Australian government and the Committee on the Elimination of Racial Discrimination (the Committee or the CERD), which took place in March 2000.

The year 2001 marked the tenth anniversary of the final report of the Royal Commission into Aboriginal Deaths in Custody. The 5 volumes and 339 recommendations that comprise the national report of Commissioner Johnston remain among the most extensive, frank and devastating examinations of the impact of colonialism on the Indigenous peoples of this country.

As noted above, article 19(3) of the ICCPR permits limitations on the rights recognised in article 19(2), but those limitations must be: (1) provided by law and (2) necessary for respect of the rights or reputations of others, for the protection of national security, public order, or public health or morals. The HRC in its General Comment 34 has emphasised that: when a State party imposes ...

The position of Aboriginal and Torres Strait Islander Social Justice Commissioner was established within the Human Rights and Equal Opportunity Commission in 1993 to carry out the following functions:

Mick Gooda Aboriginal and Torres Strait Islander Social Justice Commissioner There have been many issues confronting Aboriginal and Torres Strait Islander Australians in 2013-14, such as the over-representation of our people in the criminal justice and child protection systems, the future of the National Congress of Australia’s First Peoples and constitutional recognition of Aboriginal and Torres ...

The Commission plays a significant role in monitoring legislation and policy in Australia to assess compliance with human rights principles. This monitoring role includes:

Indigenous imprisonment rates in Australia are unacceptably high. Nationally, Indigenous adults are 13 times more likely to be imprisoned than non-Indigenous people[1] and Indigenous juveniles are 28 times more likely to be placed in juvenile detention than their non-Indigenous counterparts.[2]

Established the Northern Territory Aboriginals Department with responsibility for the control and welfare of Aborigines and `to provide where possible for the custody, maintenance and education of the children of aboriginals'.