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Commission – General18 February 2015Webpage
Senate File Listing - 1 July 2014 - 31 December 2014
Previous reports FileId: 2011/58-4 Create Date 10-Sep-2014 Name: MALE CHAMPIONS OF CHANGE Title: HUMAN RIGHTS COMPLIANCE - SAGE POLICY FileId: 2011/58-5 Create Date 20-Oct-2014 Name: MALE CHAMPIONS OF CHANGE Title: HUMAN RIGHTS COMPLIANCE - SAGE POLICY FileId: 2011/58-6 Create Date 20-Oct-2014 Name: MALE CHAMPIONS OF CHANGE Title: HUMAN RIGHTS COMPLIANCE - SAGE POLICY FileId: 2011/58-7 Create Date ... -
14 December 2012Book page
7 Some further aspects of the treatment of the young Indonesians
As discussed in Chapter 1, Australia’s international human rights obligations require that individuals who say that they are children be given the benefit of the doubt and treated as minors unless there is proof to the contrary. In the case of unaccompanied children, this should lead to consideration by the State of what steps need to be taken to ensure their special protection and care. -
14 December 2012Book page
Bringing them Home - Chapter 24
The most distressing aspect about the level of juvenile justice intrusion in the lives of young Aboriginal and Torres Strait Islander people is the fact that entry into the system is usually the start of a long career of incarceration for many (SNAICC submission 309 page 28). -
Legal14 December 2012Webpage
Commission submission - s134
1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the dicta of Dixon J in R v Hickman; Ex Parte Fox and Clinton (1945) 70 CLR 598 ("Hickman") are applicable to the provisions of the Act, including s 474. -
Legal14 December 2012Webpage
Submission to the Expert seminar on Indigenous Peoples and the administration of justice (2003)
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission (HREOC) of Australia. HREOC is Australia’s national human rights institution established by a law of the federal Parliament and operating in compliance with the ‘Paris Principles’ for national institutions for the promotion and protection of human rights. [1] -
14 December 2012Book page
Community arrangements for asylum seekers, refugees and stateless persons - Recommendations
Recommendation 2: The need to detain should be assessed on a case-by-case basis taking into consideration individual circumstances. That assessment should be conducted when a person is taken into immigration detention or as soon as possible thereafter. A person should only be held in a closed immigration detention facility if they are individually assessed as posing an unacceptable risk to the Australian community and that risk cannot be managed in a less restrictive way. -
14 December 2012Book page
5 Focused age assessment interviews
Focused age assessment interviews can be a useful technique for assessing age. Interviews of this kind have been used in Australia in a range of different ways since late 2010. -
Legal14 December 2012Webpage
Submission to the Senate Legal and Constitutional Legislation Committee
1.1 Wide-ranging amendments to the structure and functions of the Human Rights and Equal Opportunity Commission ("the Commission") are proposed by the Australian Human Rights Commission Legislation Bill 2003 (Cth) ("AHRC Bill"). -
29 January 2015Book page
1 Introduction
1.1 A snapshot of children in detention 1.2 Australian law and the detention of children 1.3 Does the Government owe a duty of care to children in detention? 1.4 International law and the detention of children My hope finished now. I don’t have any hope. I feel I will die in detention . (Unaccompanied 17 year old, Phosphate Hill Detention Centre, Christmas Island, 4 March 2014) Drawing by primary ... -
14 December 2012Book page
Annual Report 2001-2002: Chapter 6
Dr Ozdowski has made public education on human rights a priority for his term. Other priority areas are the elderly in our ageing society and children. Dr Ozdowski is working to progress the Commission’s 2000 recommendations for alleviating age discrimination, as set out in the report Age matters: a report on age discrimination. -
14 December 2012Book page
An age of uncertainty - Foreword
This report makes disturbing reading. It documents numerous breaches by Australia of both the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights. As a nation that is understandably anxious that the rights of our own children should be respected when they come into contact with the authorities of other countries, it is troubling that between late 2008 and late 2011 Australian authorities apparently gave little weight to the rights of this cohort of young Indonesians. -
Legal14 December 2012Webpage
Submission: MIGRATION LITIGATION REFORM BILL 2005
The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Litigation Reform Bill 2005 (‘the Bill’). -
Legal14 December 2012Webpage
Submission: MIGRATION AMENDMENT (JUDICIAL REVIEW) BILL 2004
1. The Human Rights and Equal Opportunity Commission ('the Commission') has been invited by the Senate Legal and Constitutional Legislation Committee ('the Committee') to make submissions on the Migration Amendment (Judicial Review) Bill 2004 ('the Bill'). -
14 December 2012Book page
Annual Report 2002-2003: Chapter 1
The Commission is a national independent statutory body established under the Human Rights and Equal Opportunity Commission Act 1986. It has a President and five Commissioners. The five positions are currently held by three persons. Please refer to the organisational chart for further information. -
14 December 2012Book page
Report No. 40: Complaints by immigration detainees against the Commonwealth of Australia (Department of Immigration and Citizenship, formerly the Department of Immigration and Multicultural and Indigenous Affairs) and GSL (Australia) Pty Ltd (2008)
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of an inquiry by the former President of the Commission into complaints made by immigration detainees against the Commonwealth of Australia. The former President found that the Commonwealth had breached the human rights of the complainants pursuant to articles 10(1) and 17(1) of the International Covenant on Civil and Political Rights. -
14 December 2012Book page
Annual Report 2001-2002: Chapter 3
As a result of the enactment of the Human Rights Legislation Amendment Act (No. 1) 1999 (Cth) the jurisdiction of the Commission to conduct public inquiries into complaints was transferred on 13 April 2000 to the Federal Court and Federal Magistrates Service. However, the Commission retained the jurisdiction to complete those public inquiries it had commenced prior to 13 April 2000. During 2000–01, 32 of these matters were finalised. Of those: -
Rights and Freedoms18 May 2017Publication
OPCAT in Australia Consultation Paper (2017)
OPCAT in Australia Consultation Paper MAY 2017 Table of Contents 1 Introduction 2 What is OPCAT? 2.1 National Preventive Mechanism 2.2 Sub-committee on the Prevention of Torture 3 The NPM model 4 Key issues for consideration 4.1 Stocktake of places of detention 4.2 Definitional issues – what does OPCAT cover? 4.3 Progressive implementation of OPCAT 4.4 Scope of the role of the NPM 4.5 Coordination ... -
Asylum Seekers and Refugees8 July 2013Webpage
The Commission's role
Asylum seekers, refugees and people in immigration detention Over the last decade the Commission has worked to promote and protect the human rights of asylum seekers, refugees, and people in immigration detention. This work has included: i nvestigating complaints about alleged breaches of human rights in immigration detention conducting visits to immigration detention facilities and publishing ... -
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
Annual Report 2008-2009: Chapter 2
One of the Commission’s central functions is to undertake education programs that increase public awareness and generate discussion of human rights and anti-discrimination issues within Australia.