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14 December 2012Book page
2011 Immigration detention at Curtin
For more than a decade, the Australian Human Rights Commission has called for reforms to Australia’s system of mandatory and indefinite immigration detention – both in light of the impacts it has on people’s mental health and wellbeing, and because it leads to breaches of Australia’s international human rights obligations. During this time, the Commission has investigated numerous complaints from people in detention and conducted two national inquiries into the mandatory detention system.[1] -
14 December 2012Book page
Chapter 1 - Introduction: Social Justice Report 2009
This is my sixth, and final, Social Justice Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. It covers the period from 1 July 2008 to 30 June 2009. -
Commission – General
14 December 2012SpeechPresident speech: The National Human Rights Consultation: Outcomes
I would like to begin by acknowledging the traditional owners of the land on which we meet, the Wurundjeri People of the Kulin Nation, and pay my respects to their elders past and present. -
Children's Rights
14 February 2017Webpage
The National Children's Commissioner's work on the OPCAT
<p>In 2016 the National Children’s Commissioner conducted a national investigation into the Optional Protocol to the Convention against Torture (OPCAT) and how it relates to children and young people detained in youth justice centres or adult facilities.</p> -
Legal
14 December 2012WebpageHREOC submission to Inquiry into Immigration Detention in Australia
Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act. -
6 February 2015Book page
Appendix 1 – Review of detention policy and practices 2004–2014
<ul> <li><a href="#a1-1">1.1 Overview</a></li> <li><a href="#a1-2">1.2 Key findings and recommendations from A last resort? </a></li> <li><a href="#a1-3">1.3 Key legislative and policy changes</a></li> <li><a href="#a1-4">1.4 New Directions in Detention policy </a></li> <li><a href="#a1-5">1.5 Third country processing</a></li> <li><a href="#a1-6">1.6 Indefinite detention on Christmas Island</a></li> <li><a href="#a1-7">1.7 Rapid offshore processing after September election 2013</a></li> <li><a href="#a1-8">1.8 Other policy decisions</a></li></ul> -
14 December 2012Book page
2009 Immigration detention and offshore processing on Christmas Island
This report contains a summary of observations by the Australian Human Rights Commission (the Commission) following its July 2009 visit to Australia’s immigration detention facilities on Christmas Island. It follows the Commission’s 2006, 2007 and 2008 annual reports on inspections of immigration detention facilities.[1] -
14 December 2012Book page
Social Justice Report 2001: Chapter 4: Laws mandating minimum terms of imprisonment (‘mandatory sentencing’) and Indigenous people
On 13 April 2000, the Senate requested the Human Rights and Equal Opportunity Commission to inquire into all aspects of the agreement between the Northern Territory Government and the Commonwealth regarding the Territory’s mandatory sentencing regime; the consistency of mandatory sentencing regimes with Australia’s international human rights obligations; and Western Australia’s mandatory sentencing regime.[1] -
Rights and Freedoms
14 December 2012Speech“Child Migrants and Human Rights in our Time”: Dr Sev Ozdowski OAM (2005)
I should add, at this point, that my work over the past few years and my inquiry on children in immigration detention (CIDI), in Australia, the report of which "A last resort?" was tabled in the Australian Federal parliament in May of 2004, has made me even more keenly aware of the fragility of child asylum seekers. But more on that later! -
14 December 2012Book page
Let's talk about rights: A guide to help young people have their say about human rights in Australia (2009)
This guide has been produced by the Australian Human Rights Commission to help you participate in the Australian Government’s National Human Rights Consultation. -
Commission – General
14 December 2012Speech
Seventh International Conference for National Human Rights Institutions
Torture and various forms of terrorism have been practiced throughout history, though never on the scale we are now confronted with. The first visual records of police interrogation were discovered in a four thousand year old tomb in ancient Egypt. Since the pharaohs there have been many refinements in methods of inducing physical pain and gathering intelligence, most notably during the Spanish Inquisition, but more recently in the modern totalitarian state. -
Legal
6 February 2014Submission
Judicial review of lawfulness of detention (2013)
The Australian Human Rights Commission provides this response to the questionnaire from the Working Group on Arbitrary Detention in relation to judicial review of the lawfulness of detention. -
14 December 2012Book page
HREOC REPORT NO. 39: Complaint by Mr Huong Nguyen and Mr Austin Okoye
I attach a report of my inquiry into complaints by Mr Huong Hai Nguyen and Mr Austin Okoye against the Commonwealth of Australia and GSL (Australia) Pty Ltd, pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth). -
14 December 2012Book page
Complaint statistics - Annual Report 2009-2010: Australian Human Rights Commission
*Complaints in this category were not conciliable and therefore transferred from the Commission’s Complaint Handling Section to the Legal Section for further inquiry and possible reporting. -
14 December 2012Book page
Complaint statistics - Annual Report 2009-2010: Australian Human Rights Commission
*Complaints in this category were not conciliable and therefore transferred from the Commission’s Complaint Handling Section to the Legal Section for further inquiry and possible reporting. -
24 April 2015Book page
Annex 3: Recommendations by the Australian Human Rights Commission for Australia’s UPR appearance
<h2><strong>2 Background and framework for human rights promotion and protection</strong></h2> <h3><strong><em>2.2 Scope of international obligations</em></strong></h3> <ol> <li>The Commission recommends that Government expedite the ratification of OPCAT and establishment of a National Preventive Mechanism for places of detention.</li> <li>The Commission recommends that the Parliamentary Joint Standing Committee on Treaties conduct a National Interest Analysis on ratification of ILO Convention 169, Migrant Workers Convention and Optional Protocols for communications under ICESCR and CRC.</li></ol> -
14 December 2012Book page
HREOC Social Justice Report 2002: Media Pack
This document is intended to provide a brief overview of the main findings of the Social Justice Report 2002. See the executive summary of the report for a more detailed description of the reports findings. -
14 December 2012Book page
Social Justice Report 2001: Chapter 5: Juvenile diversionary schemes and Indigenous people
On 27 July 2000, the Commonwealth government and the Northern Territory Government signed an agreement for the establishment of a juvenile pre-court diversion scheme in the Northern Territory (NT). This agreement arose specifically as a response to the continued criticism of the NT’s mandatory minimum imprisonment laws and their impact on juveniles and Indigenous people. By establishing the pre-court juvenile diversionary scheme, the NT has belatedly joined most other states and territories in Australia in providing such options for dealing with juvenile offenders. -
14 December 2012Book page
HREOC Social Justice Report 2002: Media Pack
This document is intended to provide a brief overview of the main findings of the Social Justice Report 2002. See the executive summary of the report for a more detailed description of the reports findings. -
Commission – General
14 December 2012Speech
Creating a culture of human rights compliance
Debates about a charter of rights are often monopolised by the contentious issue of the proper role of the courts. While this is undoubtedly an important question, it overlooks the impact a charter would have on the role of Parliament as a guardian of rights of freedoms.