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Legal14 December 2012Webpage
Amicus Submission: Ferneley
1. On 22 October 2001 the Sex Discrimination Commissioner ("the SD Commissioner") filed a Notice of Motion seeking to move the Court for orders that the SD Commissioner be granted leave to appear as amicus curiae in these proceedings, together with any consequential orders and directions. The Notice of Motion was supported by an affidavit of the SD Commissioner affirmed on 19 October 2001. -
Legal14 December 2012Webpage
Review of Counter-Terrorism and National Security Legislation
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. -
Legal14 December 2012Webpage
COAG Review of Counter-Terrorism Legislation
Division 104 of Part 5.3 of the Criminal Code Act 1995 (Cth) provides for the making of control orders. A control order is an order issued by a court (either the Federal Court, Family Court or Federal Magistrates Court), at the request of a member of the Australian Federal Police (AFP), to allow obligations, prohibitions and restrictions to be imposed on a person, for the purpose of protecting the public from a terrorist act.[8] -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - Howe v Qantas
In light of the issues raised during the hearing of the proceedings and in the parties’ written submissions, the Sex Discrimination Commissioner (‘the Commissioner’) seeks the Court’s leave to make the following supplementary submissions. -
Legal14 December 2012Webpage
Protection of the rights of the child in the context of migration (2010)
The Australian Human Rights Commission (the Commission) is Australia’s national human rights institution, established by the Australian Human Rights Commission Act 1986 (Cth). -
Disability Rights14 December 2012Webpage
Submission to Productivity Commission review of DDA
Introduction Effects of the DDA on competition and productivity Objects of the DDA: indigenous issues Statistics and measurement issues Definition of disability Assistance animals Definition of discrimination Coverage of defined areas only Disability vilification Harassment Unjustifiable hardship Exemptions Complaints Standards Action plans Education and awareness Offences Equality before the law Employment issues Education issues Access to premises issues Transport issues Telecommunications issues Electoral access Insurance issues Information access issues Government procurement requirements -
Legal14 December 2012Webpage
Review Of The Claims Resolution Process In The Native Title System - Submission (2006)
The Aboriginal and Torres Strait Islander Social Justice Commissioner under section 209 of the Native Title Act 1993 (NTA), is required to report annually to the Commonwealth Attorney-General on the operation of the NTA and its effect on the human rights of Aboriginal and Torres Strait Islander peoples. As part of this role, the Commissioner also provides submissions to government reviews and inquiries in relation to the operation and effectiveness of the native title system. -
Legal14 December 2012Webpage
Commission submission - Z.P
The Commission supports the submissions of the appellant in Matter No.12 of 1994 and of the applicant in Matter No.13 of 1994. Its additional submissions are limited to (1) the relevance of the welfare jurisdiction of the Family Court, and (2) a review of relevant comparative international law (written submissions). -
Legal14 December 2012Webpage
National Security Legislation Amendment 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 National Security Legislation Amendment Bill 2005 (‘the Bill’). The Commission welcomes the opportunity to make this submission and thanks the Committee for its invitation. -
Business and Human Rights30 November 2022Speech
Executive discretion in a time of COVID-19
Responses to the COVID-19 pandemic have required very quick action by governments. But those responses have also involved significant limitations on people’s rights and freedoms, especially freedom of movement, and implemented through executive power often with limited parliamentary involvement. -
14 December 2012Book page
Report No. 41: El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The complaints by Mr El Masri Part D: The Commission’s human rights inquiry and complaints function Part E: Mr El Masri’s detention from 14 November 2002 to 14 October 2005 Part F: The detention of Mr El Masri on 28 November 2006 Part G: The detention of Mr El Masri in MSU Part H: Use of force on 8 August 2005 Part I: Restrictions on Mr El Masri’s telephone calls Part J: Visits by Mr El Masri’s family Part K: Findings and recommendations Appendix 1 Appendix 2 Functions -
Legal6 April 2018Submission
Migration Amendment (Clarification of Jurisdiction) Bill 2018
Downloads Introduction The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Legislation Committee in its Inquiry into the Migration Amendment (Clarification of Jurisdiction) Bill 2018 (Cth) (Bill) introduced by the Australian Government. Summary This Bill proposes to amend Part 8 of the Migration Act 1958 (Cth) (Migration Act) which deals with ... -
Legal14 December 2012Webpage
Commission submission - MIRIUWUNG
A. International treaties and the interpretation of Statutes B. International treaties and the development of the common law C. International law and the Constitution D. Relevant human rights norms -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 8: Deprivation of Liberty and Humane Detention
In accordance with the general principle stated at Guideline 2 and the UNHCR [1] Guidelines on Refugee Children, minors who are asylum seekers should not be detained… -
14 December 2012Book page
Native Title Report 2011: Chapter 1: Reviewing key developments in the Reporting Period
In this Chapter I review key developments within the native title system that occurred throughout the Reporting Period (1 July 2010 to 30 June 2011) and consider the impact of these events on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples’ human rights. -
Legal14 December 2012Webpage
Migration Submission (May 2004)
As Mr Lenehan observed (at page 13 of the Hansard) the Commission's written submission did not include a specific proposal for a legislative provision conferring discretion on courts to extend the proposed time limits. Having had the opportunity to consider that issue further, the Commission puts forward the following suggested amendments to the Bill: -
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: -
Commission – General14 December 2012Speech
An update on the work of the Human Rights and Equal Opportunity Commission (HREOC)
I would like to acknowledge the Larrakia people on whose traditional land we meet today. I would also like to thank the Northern Territory Anti-Discrimination Commission for hosting this event at such short notice. What I plan to do today is to talk briefly about a few of the issues which are currently on HREOC’s agenda. The first issue is HREOC’s Same-Sex Same Entitlements Inquiry. -
Legal14 December 2012Webpage
Commission Guidelines
View the various Human Rights Commission Guidelines. Guidelines cover everything from the role of the President to Discrimination exemptions. -
Legal14 December 2012Webpage
Summary of Interventions by the Australian Human Rights Commission
Summary of Interventions by the Australian Human Rights Commission Updated 11 December 2009 Download PDF (100 kb) Word (181 kb) YEAR NO. OF CASES NAME OF CASE SUBJECT MATTER OF CASE COURT 1988 1. Re A Teenager (1988) 94 FLR 181 Family Law – Sterilisation of a young woman with a disability Family Court 2. Re Jane Family Law – Sterilisation of person with disability – whether parents require courts ...