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14 December 2012Book page
1 Introduction and background
Between 1 September 2008 and 22 November 2011, 180 young Indonesians who said that they were children arrived in Australia, having worked as crew on boats bringing asylum seekers to Australia. These young people were often fishermen from impoverished communities in the south and east of Indonesia. Many of them have spent long periods of time in immigration detention without being charged, or prior to being charged, with an offence. -
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
Inquiry into the Native Title Amendment Bill 2009
Submission by the Aboriginal and Torres Strait Islander Social Justice Commissioner to the Senate Standing Committee on Legal and Constitutional Affairs -
Legal14 December 2012Webpage
Bill to remove Commissioner
I write to alert you to a Federal Government proposal to abolish the post of Aboriginal and Torres Strait Islander Social Justice Commissioner (together with the posts of Race Discrimination Commissioner, Sex Discrimination Commissioner, Disability Discrimination Commissioner and Human Rights Commissioner). Those interested in this matter may wish to make a submission to the Senate Legal and Constitutional Legislation Committee inquiry into the government's bill before the closing date of 24 April 2003. Details follow. -
Legal14 December 2012Webpage
Australia's compliance with the Convention Against Torture
Learn how Australia complies with the UN Committee Against Torture in areas such as immigration detention, prison conditions and victims of trafficking. -
Legal14 December 2012Webpage
Commission Submission - Country v Beers
1. On 16 July 2003 the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner (the Commissioner) was granted leave to appear as amicus curiae in these proceedings, pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the HREOC Act). -
Commission – General14 December 2012Speech
The Admission and Exclusion of Asylum Seekers Conference
I would like to acknowledge the Gadigal people of the Eora people, the traditional owners of the land on which we meet today, and pay my respects to their elders. -
Legal14 December 2012Webpage
Amicus - Hervey Bay:
If the court concerned is satisfied that there has been unlawful discrimination by any respondent, the court may make such orders (including a declaration of right) as it thinks fit, including any of the following orders or any order to a similar effect: -
Legal14 December 2012Webpage
Model Spent Convictions Bill
Recommendation 2: Provision be made for serious offences by providing that serious offences can only be spent if a court so orders (in accordance with the procedure set out at clause 9). -
14 December 2012Book page
Annual Report 2002-2003: Chapter 8
Commissioner Pru Goward’s appointment to the position of Sex Discrimination Commissioner was announced on 29 June 2001. She commenced her term on 30 July 2001. -
Asylum Seekers and Refugees23 May 2013Publication
Tell Me About: Refugees with Adverse Security Assessments
Learn about refugees with an 'Adverse Security Assessment,' which means they cannot be returned to their country of origin for fear of persecution. -
Legal14 December 2012Webpage
Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012 (2012)
The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Committees in the Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012. -
11 February 2014Book page
3 Police, courts and corrections – the issues
3.1 General findings In our consultations the Commission received information from people with disabilities and their advocates, support services in the community and in government and people in the police, courts and the custody and release system. The Commission also received many submissions and held a number of meetings with community members and public officials who work in or with the ... -
Legal14 December 2012Webpage
Submission - Proposed minor native title amendments (2009)
You are all aware of the cultural, linguistic and historical factors that impact upon Indigenous people’s interaction with the legal system. Such factors that include: -
15 July 2014Book page
Chapter 4: Human rights in practice – alcohol policy
4.1 Introduction Alcohol consumption, misuse and related harm are some of the most challenging issues confronting communities across the length and breadth of Australia. These challenges are not limited to Aboriginal and Torres Strait Islander communities, but confront every demographic in Australian cities and towns. From Kings Cross to Halls Creek, St Kilda to Santa Teresa – communities grapple ... -
Legal14 December 2012Webpage
Consolidation of Commonwealth Discrimination law
As indicated by the Attorney General and the Minister for Finance and Deregulation in announcing this process, the review of Commonwealth discrimination law offers important opportunities to ensure that discrimination law contributes as effectively as possible, as well as efficiently, to the objectives of the achievement of equality in Australian society and the removal of discriminatory barriers to participation and opportunity. -
Asylum Seekers and Refugees19 June 2013Speech
Australian Government’s third country processing regime & human rights
Explore a speech delivered by the former President of the Human Rights Commission, Professor Gillian Triggs, to the Refugee Advice and Casework Service. -
Legal14 December 2012Webpage
Inquest into the death of Mr Ward (2009)
the provisions of an international convention to which Australia is a party can also serve as an indication of the value placed by Australia on the rights provided for in the convention and, therefore, as indicative of contemporary values.[7] -
Legal14 December 2012Webpage
Migration Amendment (Immigration Detention Reform) Bill 2009
Recommendation 1: The Bill should be amended to ensure that detention in immigration detention centres is only used as a last resort and for the shortest practicable time, as committed to in Value 5. The words ‘The Parliament affirms as a principle that’ in section 4AAA(2) should be deleted. -
Rights and Freedoms1 May 2013Webpage
Minimum guarantees in criminal proceedings
Back to rights and freedoms: right by right ICCPR Article 14 states All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The Press and the public may be ...