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14 December 2012Book page
6. Australia's Immigration Detention Policy and Practice
Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals). Australian law makes no distinction between the detention of adults and children. -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
COMMISSIONER OZDOWSKI: Welcome to everyone. I would like to formally open this public hearing, the first of a series of hearings to be conducted around Australia. My name is Sev Ozdowski and I am the Human Rights Commissioner of Australia, and I have with me two Assistant Commissioners; to my right Professor Trang Thomas who is Professor of Psychology at the Royal Melbourne Institute of Technology, and to my left Dr Robin Sullivan who is Queensland Commissioner for Children. I also have two counsel assisting. -
14 December 2012Book page
Unlocking Doors: Audit of Initiatives Related to Police and Muslim Communities
Audit of Initiatives Related to Police and Muslim Communities AGENCY PROJECT DURATION COMMONWEALTH COMMONWEALTH SECRETARIAT Commonwealth Manual for Human Rights Training of Police This manual is designed to help Commonwealth Governments promote an understanding of and respect for human rights. The manual provides strategies and training programs to equip and enable police services to better deal ... -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
The Ethnic Communities Council of Western Australia commends the Human Rights and Equal Opportunity Commission and Human Rights Commissioner Sev Ozdowski in particular, for instituting the Children in Immigration Detention Inquiry. -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
DR OZDOWSKI: This is one of a series of hearings to be conducted around Australia. My name is Dr Sev Ozdowski and I am the Human Rights Commissioner and I am assisted in the Inquiry by two colleagues of mine, Mrs Robin Sullivan who is to the left of me, the Queensland Children's Commissioner. To the right of me is Dr Trang Thomas who is a Professor of Psychology at Melbourne Institute of Technology. Also at the table is sitting Ms Vanessa Lesnie who is Secretary to the Inquiry. -
14 December 2012Book page
Native Title Report 2000: Chapter 4: Indigenous heritage
The recognition of native title by the High Court in 1992 was a significant development in the legal apparatus for protecting Indigenous culture. Under the concept of native title it is possible that sacred and significant sites and objects might be protected, not within the historical category of Aboriginal heritage, but as matters valued in contemporary Indigenous culture with current significance to a people whose culture is ongoing. In addition, under native title such protection could be provided, not as an act of beneficence by government, but as a matter of legal right. -
Education14 December 2012Webpage
Bringing them home - Community Guide - 2007 update
A community guide to the findings and recommendations of the National Inquiry into the separation of Aboriginal and Torres Strait Islander Children From Their Families -
Rights and Freedoms14 December 2012Speech
"Long-term detention and mental health": Dr Sev Ozdowski OAM (2002)
Professors Harry Minas and Byron Good - Conference Convenors and Co-directors, distinguished guests from both Australia and overseas, ladies and gentlemen, all. -
Legal14 December 2012Webpage
R v Cheung
HIS HONOUR: The accused Cheung Ying Lun also known as Garry Cheung is to stand trial in this court on 15 February 1993 upon an indictment charging that between 1 August 1988 and 12 May 1989 he was knowingly concerned in the importation into Australia of a quantity of heroin exceeding the commercial quantity. -
Commission – General14 December 2012Speech
President speeches: The Potential Role of National Human Rights Institutions in the Pacific
This paper advocates that National Human Rights Institutions (NHRIs) have a very valuable role to play in the Pacific, and that the promotion and protection of human rights in the Pacific would benefit immensely by Pacific nations each establishing a NHRI. -
Legal14 December 2012Webpage
CERD Index
This submission is prepared by Australia's national human rights institution, the Human Rights and Equal Opportunity Commission (HREOC). It provides information in relation to the Australian Government's combined 13th and 14th periodic report under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). All of the material contained in this document has previously been brought to the attention of the Australian government through a range of Commission publications and submissions. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
We commend HREOC for instituting this Inquiry and thank them for giving us the opportunity to make input on an issue which is of grave concern to the Co-operative which, for 23 years has been advocating for the rights and needs of immigrant children and their families in a diverse multicultural society. -
14 December 2012Book page
Questions and Answers About Refugees & Asylum Seekers
According to the United Nations Convention and Protocol relating to the Status of Refugees (also called the Refugee Convention), a refugee is someone who is outside their own country and cannot return due to a well-founded fear of persecution because of their: -
10 April 2015Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations 2.2 National framework 2.3 Equality before the law and non-discrimination 2.4 Migrants, refugees and asylum seekers 2.5 Right to life, liberty and security of the person 2.1 Scope of international obligations Australia prides itself on its commitment to the promotion and protection of human rights and has announced its candidacy for election to the Human ... -
Disability Rights14 December 2012Webpage
Productivity Commission review of the Disability Discrimination Act
Note: Printer friendly versions of this and other submissions are also available together with transcripts of hearings and other relevant documents on the Productivity Commission site -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased was in the psychiatric unit at Long Bay Prison. He approached a nurse on 25 July 1989 at 2.30pm and stated he was feeling ill. She gave him advice as to the illness and provided him with medication. He later approached another nurse and said he wanted to return to his cell. The nurse checked with a prison officer and he was taken to his cell at about 3.30pm. At 4.10pm he was discovered hanging in his cell. -
Legal14 December 2012Webpage
Submission: MIGRATION AMENDMENT (DESIGNATED UNAUTHORISED ARRIVALS) BILL 2006
1.1 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 (Designated Unauthorised Arrivals) Bill 2006 (‘the Bill’). 1.2 The Commission welcomes the opportunity to make this submission and thanks the Committee for its invitation. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 6: Procedure and Evidence
Part IIB of the HREOC Act sets out the provisions governing the procedure for federal unlawful discrimination matters.1 That procedure can be summarised as follows: -
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) -
14 December 2012Book page
Report No. 40: Complaints by immigration detainees against the Commonwealth of Australia (Department of Immigration and Citizenship, formerly the Department of Immigration and Multicultural and Indigenous Affairs) and GSL (Australia) Pty Ltd (2008)
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of an inquiry by the former President of the Commission into complaints made by immigration detainees against the Commonwealth of Australia. The former President found that the Commonwealth had breached the human rights of the complainants pursuant to articles 10(1) and 17(1) of the International Covenant on Civil and Political Rights.