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Legal
14 December 2012WebpageNational Human Rights Consultation - Appendix 4
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.[13] -
Legal
14 December 2012Webpage
Intervention: Commonwealth Director of Public Prosecutions v Wei Tang (2008)
1 On 17 April 2008 the Human Rights and Equal Opportunity Commission (“HREOC”) filed a summons seeking leave to intervene in these proceedings. The summons was supported by an affidavit of the Human Rights Commissioner, Graeme Gordon Innes, affirmed on 16 April 2008. -
Legal
14 December 2012Webpage
A Human Rights Guide to Australia's Counter-Terrorism Laws
This guide provides a basic overview of Australia’s counter-terrorism laws from a human rights perspective. It discusses the following questions: -
Legal
14 December 2012Webpage
Submission: Commission intervener
1.1 On 8 February 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.92 of the Family Law Act 1975 (Cth) ("Family Law Act"). -
Aboriginal and Torres Strait Islander Social Justice
19 May 2014SubmissionALRC: Review of the Native Title Act 1993
Australian Human Rights Commission Submission to the Australian Law Reform Commission ALRC: Review of the Native Title Act 1993 14 May 2014 Downloads Download in PDF Download Word Table of Contents 1 Introduction 2 Recommendations 3 General Comments 4 The Native Title Act and its consistency with international human rights standards 4.1 The United Nations Declaration on the Rights of Indigenous ... -
Legal
14 December 2012Webpage
Family Law Legislation Amendment (Family Violence and Other Measures) Bill
Recommendation 1: That item 13 of the Bill be amended by inserting a second note after new s 60B(4) that reads ‘the Act be interpreted consistently with Australia’s obligations under the Convention on the Elimination of all forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities, wherever relevant’. -
Race Discrimination
21 February 2017SpeechFree Speech Inquiry - Opening Statement (2017)
Parliamentary Joint Committee on Human Rights - Inquiry into Freedom of Speech, Public hearing 17 February 2017 -
Legal
14 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'). -
Legal
14 December 2012Webpage
Inquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2011
Recommendation 2: The Migration Act should be amended to provide that detention of unlawful non-citizens in immigration detention facilities must only be used as a measure of last resort. There should be a clear presumption against the detention of children for immigration purposes. -
14 December 2012Book page
Law Society Journal - Customary law and international human rights: The Queen v GJ
THE ROLE THAT ABORIGINAL customary law has, or should have, in the criminal codes and sentencing acts of the Commonwealth, states and territories has been the subject of detailed consideration for some time.1 -
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. -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 3 - The Race Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination. -
Legal
14 December 2012Webpage
Commission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need for an effective remedy is a need of non-citizens affected by decisions made under the Migration Act 1958 (Cth) ("the Act"). -
14 December 2012Book page
Resolving discrimination and human rights issues - Annual Report 2009-2010: Australian Human Rights Commission
Our complaints process provides a way in which individuals and groups can voice and resolve disputes about discrimination and human rights. Our complaint work is also central to our role in protecting and promoting human rights and complements our policy and education work. The number and type of complaints we receive often highlight systemic discrimination problems. We use this information to help address the underlying factors that lead to discrimination – developing education programs or suggesting policy reforms for workplaces, service providers, educational institutions and others. -
LGBTIQ+
14 December 2012WebpageMarriage Equality (2012)
The Australian Human Rights Commission considers that the fundamental human rights principle of equality means that civil marriage should be available, without discrimination, to all couples, regardless of sex, sexual orientation or gender identity. The Commonwealth Parliament, and some state parliaments are now considering legislation that would provide all couples with the same access to civil marriage that is currently confined to opposite-sex couples. This paper considers how the human rights principle of equality underpins legislative recognition of marriage equality. -
Legal
14 December 2012Webpage
International Covenant on Civil and Political Rights – List of issues prior to reporting
This submission is made by the Australian Human Rights Commission, Australia’s national human rights institution. It outlines a number of issues that the Commission suggests should be considered by the Human Rights Committee as it develops a List of Issues Prior to Reporting ahead of Australia’s preparation of its sixth periodic report regarding the implementation of the International Covenant on Civil and Political Rights (ICCPR). -
Legal
14 December 2012Webpage
Refugee review
1. The Human Rights and Equal Opportunity Commission ("the Commission") seeks to make submissions to the Tribunal pursuant to paragraphs 11(1)(g), (o) and (p) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). -
14 December 2012Book page
HRC Report No. 13
HRC Report No. 13 Copyright © Commonwealth of Australia 2001 Copying is permissible with acknowledgment of the authorship of the Human Rights and Equal Opportunity Commission, Sydney, 2001. -
Legal
14 December 2012Webpage
Human Rights Legislation Amendment Bill 1996
1.1 The Human Rights and Equal Opportunity Commission ("the Commission") has already presented a written submission to the Senate Legal and Constitutional Legislation Committee ("the Committee") in respect of the Human Rights Legislation Amendment Bill 1996 (Cth) ("the Bill") (copy annexed). The Commission also attended before the Committee on Tuesday 11 March 1997 to provide oral evidence and at that Committee provided a list of suggested amendments arising from that submission (copy annexed). -
14 December 2012Book page
Native Title Report 2010:Chapter 2: ‘The basis for a strengthened partnership’: Reforms related to agreement-making
For Aboriginal and Torres Strait Islander peoples, agreement-making can be an expression of free, prior and informed consent and the beginning of cooperative relationships with governments and other parties.