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Legal14 December 2012Webpage
Commission submission - Long Guan Juan & Others v Minister for Immigration
The Human Rights and Equal Opportunity Commission ("the Commission") was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 28 February 1995, His Honour Justice O'Loughlin directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues that are by virtue of the terms of the respective applications relevant to the matters that are still to be determined. -
Legal14 December 2012Speech
Law Seminar 2007: The Northern Territory National Emergency Response Legislation by Dr Sarah Pritchard
1. That Aboriginal child sexual abuse in the Northern Territory be designated as an issue of urgent national significance by both the Australian and Northern Territory Governments, and both governments immediately establish a collaborative partnership with a Memorandum of Understanding to specifically address the protection of Aboriginal children from sexual abuse. It is critical that both governments commit to genuine consultation with Aboriginal people in designing initiatives for Aboriginal communities.” (emphasis added) -
Aboriginal and Torres Strait Islander Social Justice24 May 2016Publication
Ending family violence and abuse
Family violence and abuse is causing untold damage to the cultures and fabric of Indigenous societies. It is damaging our communities, our families, our women, our children and our men. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Although it is not possible to precisely specify all the circumstance that lead people to arrive in Australia through people smuggling routes, there can be no doubt that they undertake perilous journeys which put their lives and that of accompanying family members at risk. Given the very high rates of approval for those who have sought asylum in Australia through these routes, it is reasonable to assume that most detainees have fled their countries for reasons of persecution. -
14 December 2012Book page
National Inquiry into Employment and Disability: Issues Paper 5
From the outset of this Inquiry, it was apparent that there was a need for clearer information on the services offered by the Commonwealth regarding employment of people with disabilities. -
14 December 2012Book page
Let’s talk about rights - A toolkit to help individuals and groups participate in the Australian Government’s National Human Rights Consultation (2009)
This toolkit, produced by the Australian Human Rights Commission (the Commission) is designed to help individuals and groups in the Australian community who wish to participate in the Australian Government’s National Human Rights Consultation. -
14 April 2015Book page
6 Giving effect to the Declaration
6.1 Introduction 6.2 Steps taken by the Australian Government to implement the Declaration 6.3 Giving effect to the Declaration 6.4 Conclusion and recommendations 6.1 Introduction Throughout my term, I have continually emphasised the importance of the United Nations Declaration on the Rights of Indigenous Peoples [565] (the Declaration). The Declaration is the most comprehensive and advanced ... -
Disability Rights14 December 2012Speech
Presentation to State and Local Government CEO's (2009)
It's a great pleasure for me to be back in Perth , and particularly here at the Association For The Blind. During the eighties and nineties I lived in Perth for around ten years. I met and married my wife here, and still have strong family links. We still own property here and, if I have my way, we'll retire back here. Despite the fact that I have lived over East now for 16 years, I still barrack for the Eagles and the Western Warriors, and pronounce the suburb Coogee rather than Coogee. -
14 December 2012Book page
2 Biomedical markers and the assessment of chronological age
Since 2001, the primary method of assessing whether an individual is under the age of 18 years in the context of criminal proceedings in Australia has been through the analysis of an x-ray of the young person’s wrist. As this Inquiry is considering the treatment of young Indonesian males suspected of people smuggling who say that they are children, it is important to consider the appropriateness of this and other age assessment processes in this context. -
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
Towards Accessible Telecommunications for People with Disabilities
Background and Purpose Disability Statistics DDA Telecommunications Complaints Technology and Service Access Fixed Line Telephony Cellular Mobile Telephony Internet Connectivity Next Generation Networks Policy and Regulation Telecommunications Act 1997 TCPSS Act 1999 Disability Discrimination Act Consumer Representation and Consultation Major Issues for People with disabilities Disability Equipment Programs Any-to-any Text Connectivity Telecommunications Disability Standard Mobile Phones Videocommunication Payphones Overseas Developments Conclusion -
14 December 2012Book page
Indigenous Deaths in Custody: Part C - Profiles Analysis
Explore a report for the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner in relation to Indigenous deaths in custody. -
14 December 2012Book page
5. Protecting the Human Rights of Children in Immigration Detention
Australia is responsible for ensuring that all children in its jurisdiction can enjoy all applicable human rights, including those in the Convention on the Rights of the Child (CRC), International Covenant on Civil and Political Rights (ICCPR) and Refugee Convention. That responsibility may be executed through legislation, executive action and the judicial system. Subject to the Australian Constitution, some of those functions may be fulfilled by State legislatures, executive bodies, courts or private entities. -
14 December 2012Book page
Indigenous Deaths in Custody: Chapter 8 Custodial Conditions
8.1 The profiles indicate a growing awareness by custodial and medical staff of issues concerning the proper treatment of both Indigenous and non-Indigenous prisoners. However, implementation of the recommendations is uneven. Some recommendations have not been implemented in any jurisdiction. -
Legal14 December 2012Webpage
SAGE: Submission to Inquiry into Aboriginal Customary Law in NT
The Aboriginal and Torres Strait Islander Social Justice Commissioner has also made a submission to this inquiry. To access that submission click here. -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
That the death occured as a result of cardiorespiratory failure as a result of pneumonia from the aspiration of fluids in the chest cavity following brain damage. The deceased was found to have contributed to his death by his excessive intake of alcohol and his neglect of his own nourishment. The attending doctor at the hospital and the police forensic surgeon were also found to have acted unreasonably in relation to the transfer of the deceased from the Gippsland Base Hospital to the Sale Police Station. -
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
Native Title Report 2002: Extinguishment of Native Title
The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds to the specific issues raised by the recognition of native title, a proprietary interest which is inherent to a particular racial group. -
14 December 2012Book page
It's About Time - Chapter 3
3.1 Introduction 3.2 Australia's human rights obligations for workers with family and carer responsibilities 3.3 Limitations of federal discrimination law 3.4 The need for law reform 3.5 Conclusion -
14 December 2012Book page
It's About Time - Chapter 4
4.1 Introduction 4.2 The key issues 4.3 Workplace relations framework 4.4 Recognising the relationship between paid work and caring work 4.5 Certainty and flexibility in the workplace 4.6 Structural change to support gender and carer equality 4.7 The need for expanded legal rights 4.8 Workplace culture and use of family-friendly policies 4.9 A life cycle approach to work and a universal approach to family-friendly flexibility 4.10 Community concern about WorkChoices and its impact on paid work and family/carer responsibilities 4.11 Conclusion