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Legal
14 December 2012WebpageCommission submissions: Gunn and Taylor
(gb) Where HREOC considers it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve issues of discrimination on the ground of sex, marital status, pregnancy or potential pregnancy or discrimination involving sexual harassment; -
Legal
14 December 2012Webpage
Commission submissions: CEO
For the purposes of this Act, a person (discriminator) discriminates against another person (aggrieved person) on the ground of a disability of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition: -
Legal
14 December 2012Webpage
Commission submissions: Husseini
I, Alastair Neil Hope, State Coroner, having investigated the deaths of Nurjan Husseini and Fatimeh Husseini, with an Inquest held at Fremantle Court House on 4-8 November, 2002 find that the identity of the deceased persons were Nurjan Husseini and Fatimeh Husseini and that deaths occurred on 8 November, 2001, 24 nautical miles from any portion of Australian Territory as a result of Immersion in the following circumstances - -
Legal
14 December 2012Webpage
Commission submissions: Hurst
View a report into the Commission seeking leave to intervene in the case of Tiahana Hurst v State of QLD in relation to the Disability Discrimination Act. -
Legal
14 December 2012Webpage
Commission submissions: Sakhi
1. The Human Rights and Equal Opportunity Commission (“the Commission”) seeks the leave of the Court to intervene to make submissions in this case. -
Legal
14 December 2012Webpage
Submissions - Yorta Yorta
1. By Notice of Motion filed 1 May 2002, the Human Rights and Equal Opportunity Commission ("the Commission") seeks leave to intervene at the hearing of the appeal pursuant to para 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 and para 20(1)(e) of the Racial Discrimination Act 1975 ("RDA"). -
Legal
14 December 2012Webpage
Commission submissions: Khafaji
The Commonwealth relies upon Australia's response to the UNHRC's decision in A v Australia.(34) Nothing flows from that response. The UNHRC hears individual complaints of violations of the ICCPR (called "communications") under the First Optional Protocol to the ICCPR. (35) Australia is a party to the First Optional Protocol. (36) The decisions or "views" of the UNHRC regarding those communications do not constitute legally binding decisions in international law. (37) However, as the UNHRC has noted: -
Legal
17 January 2019Speech
‘Vulnerability and the Law’ - UNSW
University of New South Wales Law Journal Launch of Thematic Issue on ‘Vulnerability and the Law’ Vol 41(3) 2018 27 September 2018 * Check against delivery Acknowledgements I pay my respects to the Gadigal people of the Eora nation and to their elders past and present—as well as to emerging leaders. Thank you to Lachlan Peake and Veronica Sebesfi for the invitation to speak tonight. Can I also ... -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechIntegration of Customary Law into the Australian Legal System: Calma
I’d like to begin by acknowledging the Gadigal people of the Eora nation, the traditional owners and custodians of the land where we are gathered today, and pay my respects to their elders. -
Disability Rights
14 December 2012WebpageSubmission to Senate Legal and Constitutional Committee Inquiry into the provisions of the Civil Aviation Amendment (Relationship with Anti-Discrimination Legislation) Bill 2004
1. The Human Rights and Equal Opportunity Commission (HREOC) appreciates and endorses the objective of the Bill - to ensure that possible inconsistencies with the Disability Discrimination Act 1992 ("DDA") and Sex Discrimination Act 1984 ("SDA") do not prevent measures necessary to ensure aviation safety. 2. The Bill confirms that civil aviation safety regulations can be made notwithstanding that they may be inconsistent with the DDA and the SDA, where this inconsistency is "necessary" to ensure aviation safety. 3. -
14 December 2012Book page
Law Society Journal 2009: HUMAN RIGHTS IN CORONIAL INQUESTS
This article considers how human rights principles can influence the conduct of coronial inquests. In particular, human rights principles may influence the scope of an inquest and the manner in which a coroner exercises their discretion to comment and/or make recommendations about matters related to a death. -
Sex Discrimination
28 January 2020Publication
Respect@Work: Sexual Harassment National Inquiry Report (2020)
Workplace sexual harassment is prevalent and pervasive: it occurs in every industry, in every location and at every level, in Australian workplaces. -
Legal
14 December 2012Webpage
Morton v Queensland Police Service D75/08. (2008)
The Human Rights and Equal Opportunity Commission (‘the Commission’)[1] has been granted leave to appear as an amicus curiae in the hearing of this appeal. -
14 December 2012Book page
Annual Report 2008-2009: Chapter 5
The Commission has a function of intervening, with the leave of the Court, in proceedings that involve issues of human rights, equal opportunity in employment and age, race, sex, marital status, pregnancy and disability discrimination. -
14 December 2012Book page
Law Society Journal 2009: What will constitute a legitimate interference with rights?
A recent decision of the full Federal Court in Bropho v State of Western Australia[1] has created the opportunity to reconsider the operation of s 10 of the Racial Discrimination Act 1975 (Cth). Section 10(1) of the RDA is unique in discrimination law around the country. It is concerned with the operation and effect of laws rather than with making the actions of individuals unlawful. -
Sex Discrimination
7 February 2020Publication
Respect@Work: Community Guide to the Sexual Harassment National Inquiry Report (2020)
Also available: Full Report A message from the Commissioner Australia was once at the forefront of tackling sexual harassment globally. Women’s organisations in Australia began to press for the legal and social recognition of sex discrimination in the early 1970s. This movement built on Australia’s ratification of two key international conventions: the International Labour Organization’s ... -
14 December 2012Book page
Annual Report 2002-2003: Chapter 3
Where a complaint is made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) alleging breaches of human rights and discrimination in employment, the President or his delegate may report to the Attorney-General where conciliation cannot resolve the matter and an inquiry has satisfied the President there has been a breach of human rights or discrimination in employment. The Legal Section assists the President or his delegate to inquire into the complaints and prepare reports to the Attorney-General. -
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. -
Rights and Freedoms
13 May 2022SpeechWhither human rights and freedoms protections in Australia?
As I reflect on the past two years, it is clear that the pandemic has brought a renewed national focus on the importance of centralising considering rights and freedoms during times of crisis — a greater ‘rights consciousness’. -
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