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Legal
14 December 2012WebpageCrisis Support Services Inc
By this instrument, the Human Rights and Equal Opportunity Commission (‘the Commission’) grants to Crisis Support Services Inc (‘the Applicant’) a temporary exemption pursuant to s 44(1) of the Sex Discrimination Act 1984 (Cth) (‘the SDA’) in the terms set out below. -
Complaint Information Service14 December 2012Webpage
Complaints under the Racial Discrimination Act
Learn about the Racial Discrimination Act, which makes it illegal to treat people unfairly due to their race, colour, ethnic origin or immigrant status. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechNative Title and the Treaty Dialogue
It is very fitting that we discuss native title in the context of a treaty just one month after a very significant native title decision, the Miriuwung Gajerrong decision [1], has been handed down by the High Court. 406 pages of honed legal reasoning cut through almost the entire history of non-Indigenous land law in Western Australia to decide the final shape that native title would take for the Miriuwung Gajerrong people. -
14 December 2012Book page
Native Title Report 2002: Discrimination and native title
The resolution of the debate as to whether the extinguishment of native title by the common law and the Native Title Act 1993 (Cwlth) (‘NTA’) is racially discriminatory, depends upon the interpretation given to its two essential components: extinguishment and discrimination. The interpretation that the High Court has given to the extinguishment provisions of the NTA and its relationship with the common law was the subject of the chapter 2. It is to the second of these components, the meaning of discrimination as it applies to the extinguishment of native title, that I now turn. -
14 December 2012Book page
Annual Report 06-07: Chapter 5 - Legal Services
The Human Rights and Equal Opportunity Commission Act gives HREOC the function of inquiring into complaints concerning breaches of human rights or discrimination in employment. HREOC attempts to resolve such complaints through conciliation where appropriate. If the matter is not resolved through conciliation and the President is satisfied that a breach of human rights or an act of discrimination has occurred, the President reports on the matter to the federal Attorney-General. -
14 December 2012Book page
Same-Sex: Discussion paper 2
This discussion paper briefly discusses federal laws which exclude same-sex couples from accessing financial and work-related entitlements. The paper discusses the following areas of federal law: -
Aboriginal and Torres Strait Islander Social Justice
4 August 2023Webpage
Indigenous Rights & the Voice
The Indigenous Voice to Parliament referendum proposes a mechanism that addresses Indigenous peoples’ right to participation in decision making, and the right to consultation with government. The Voice could also promote the realisation of other human rights for Indigenous peoples, including to ensure the full realisation of rights to health, education, housing and the protection of Indigenous cultures. -
Aboriginal and Torres Strait Islander Social Justice
21 November 2014Publication
Social Justice and Native Title Report 2014
One of my primary responsibilities is to report annually on the enjoyment and exercise of human rights by Aboriginal and Torres Strait Islander peoples. I also report annually on the operation of the Native Title Act 1993 (Cth) (the Native Title Act) and the effect of the Act on the exercise and enjoyment of human rights of Aboriginal and Torres Strait Islander peoples. In 2014, I have again combined the reporting requirements into the Social Justice and Native Title Report, which covers the period from 1 July 2013 to 30 June 2014. -
Legal
14 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
Native Title Report 2010: Chapter 3: Consultation, cooperation, and free, prior and informed consent: The elements of meaningful and effective engagement
On 3 April 2009, the Minister for Families, Housing, Community Services and Indigenous Affairs (Minister for Indigenous Affairs) delivered a formal statement in support of the United Nations Declaration on the Rights of Indigenous Peoples (Declaration).[1] In this statement, the Minister acknowledged that ‘[w]e need to find more ways of hearing Indigenous voices’.[2] -
Commission – General
14 December 2012SpeechFederal Anti-discrimination Law - 2004
In May last year I stepped down from my position as a Judge of the Federal Court to accept the role as President of HREOC. It has been a time of new challenges, such as the need to balance the legislative and administrative responsibilities that the Commission has been given by the federal government, with the important role of advocating for the rights of those on the margins of Australian society. -
Rights and Freedoms
5 November 2020SpeechDo we have the necessary legal grammar to talk human rights?
We’re all talking human rights—but do we have the necessary legal grammar for them? Emeritus Professor Rosalind Croucher AM Acknowledgement Chief Justice, Justices, Masters and Registrars, good morning. Thank you to Justice Paul Tottle for the invitation to speak with you today. I’m sorry I can’t be with you in 3D, but WA once again has distanced itself from the rest of Australia in closing ... -
Legal
22 March 2024Speech
Probate and Lunatics: A Curious Cameo of Supreme Court History
ANZOA meeting Perspectives on Fairness Meeting of the Minds Emeritus Professor Rosalind Croucher AM President, Australian Human Rights Commission Acknowledgment I would like to begin my presentation by acknowledging the traditional custodians of the land where I am delivering my presentation today, the Gadigal people of the Eora nation, and pay my respects to the elders, past, present and emerging ... -
Commission – General
14 March 2024Speech
Perspectives on Fairness
ANZOA meeting Meeting of the Minds Acknowledgment I would like to begin my presentation by acknowledging the traditional custodians of the land where I am delivering my presentation today, the Gadigal people of the Eora nation, and pay my respects to the elders, past, present and emerging. I would like to thank Janine Young, Energy & Water Ombudsman, NSW and current Chair of ANZOA, for the kind ... -
Legal
14 December 2012Webpage
Discussion Paper "Australia's Children: Safe and Well - A National Framework for Protecting Australia's Children"
“If the measures were targeted solely to parents or families in need of assistance to prevent neglect or abuse of children, as they are in s123UC of the legislation, then some form of income management may be capable of being seen as an appropriate exercise of the governments ‘margin of discretion’ to ensure that families benefit from welfare and receive the minimum essentials for survival.”[13] -
14 December 2012Book page
Chapter 1: Towards a reconciled Australia: An agenda of hope - Social Justice Report 2010
I could tell you of heartbreak, hatred blind I could tell of crimes that shame mankind Of brutal wrongs and deeds malign Of rape and murder son of mine -
14 December 2012Book page
Bringing them Home - Appendix 2
neglected child - a child found begging, wandering about or frequenting any thoroughfare or tavern, sleeping in the open air and who has no settled place of abode or means of subsistence; residing in any brothel or associating or dwelling with any person, known or reputed to be a thief, prostitute or drunkard or a person convicted of vagrancy; a child having committed an offence and who, in the opinion of the Justices, ought to be sent to an industrial school; an inmate of an immigrants' home or a child whose parent cannot control him/her and want him/her to be placed in an industrial school. -
Legal
14 December 2012Webpage
Human Rights Legislation Amendment Bill 1996
1.1 The majority of amendments contained in the Human Rights Legislation Amendment Bill 1996 ("the Bill") draw on the work of a Review Committee established in September 1993 comprising members of the Attorney-General's Department, the Human Rights and Equal Opportunity Commission ("HREOC") and the Department of Finance. The purpose of the review was a broad ranging examination of the role and the various functions of HREOC. -
Commission – General
14 December 2012Speech
Presentation at the Governor’s Leadership Foundation Forum
HREOC is a statutory body independent of government. While our main function is to promote an understanding and acceptance of human rights in Australia, we are also charged with the responsibilities of investigating, and attempting to conciliate complaints of unlawful discrimination under the federal Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992 and the Age Discrimination Act 2004.1 HREOC also has specific responsibilities to report annually to Parliament on the enjoyment of human rights of Indigenous Australians. -
Legal
14 December 2012Webpage
Commission submission - Child's Right to be Heard
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's views should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child.