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14 December 2012Book page
HREOC REPORT NO. 37 (2007) - Report of an inquiry into Dr Julie Copeman’s complaint that Derbarl Yerrigan Health Service terminated her employment on the basis of her trade union activity
Pursuant to section 11(1)(d) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOC Act'), I attach a report of my inquiry into a complaint made by Dr Julie Copeman. I have found that Dr Copeman's employment as a general medical practitioner was terminated by Derbarl Yerrigan Health Service (her employer) in circumstances that amounted to discrimination, and that such termination constitutes discrimination in employment for the purposes of s 31(b) of the HREOC Act. -
Legal
14 December 2012WebpageIndependent review of the Environment Protection and Biodiversity Conservation Act 1999 (2009)
The Australian Human Rights Commission (the Commission) makes this submission to Mr Allan Hawke in response to the Independent review of the Environment Protection and Biodiversity Conservation Act 1999. -
Legal
14 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: -
Legal
14 December 2012Webpage
Inquiry into the Fair Work Bill 2008 (2009)
The Australian Human Rights Commission (the Commission) makes this submission to the Senate Education, Employment and Workplace Relations Committee in its Inquiry into the Fair Work Bill 2008. -
14 December 2012Book page
Social Justice Report 2001: Chapter 5: Juvenile diversionary schemes and Indigenous people
On 27 July 2000, the Commonwealth government and the Northern Territory Government signed an agreement for the establishment of a juvenile pre-court diversion scheme in the Northern Territory (NT). This agreement arose specifically as a response to the continued criticism of the NT’s mandatory minimum imprisonment laws and their impact on juveniles and Indigenous people. By establishing the pre-court juvenile diversionary scheme, the NT has belatedly joined most other states and territories in Australia in providing such options for dealing with juvenile offenders. -
Legal
12 September 2018Submission
Telecommunications and Other Legislation Amendment (Assistance and Access) draft Bill 2018
1. Executive summary The Australian Human Right Commission (the Commission) makes this submission to the Department of Home Affairs (the Department), in response to the exposure draft of the Telecommunications and other Legislation Amendment (Assistance and Access) Bill 2018 (Cth) (the draft Bill). The stated purpose of the draft Bill is to provide national security and law enforcement agencies ... -
Legal
29 August 2014Submission
Submission to Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014
Inquiry into the National Security Legislation Amendment Bill (No. 1) 2014 Australian Human Rights Commission Submission to the Parliamentary Joint Committee on Intelligence And Security 21 August 2014 Download PDF Download Word Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Human Rights Framework 4.1 Article 17 – the Right to Privacy 4.2 Article 19 – Freedom of Expression 5 ... -
14 December 2012Book page
Native Title Report 2007: Chapter 2
Whether Indigenous peoples are able to gain full recognition and protection of their native title rights and interests, depends significantly on the process by which native title applications are resolved. -
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
HREOC submission to Inquiry into Immigration Detention in Australia
Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act. -
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"). -
Legal
14 December 2012Webpage
Commission submission - Minh Dung Luu
1. The Human Rights and Equal Opportunity Commission ("the Commission") was granted leave by his Honour Justice Marshall on 5 June 2001 to intervene in these proceedings pursuant to s 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the "HREOC Act"). -
Legal
14 December 2012Webpage
COAG Review of Counter-Terrorism Legislation
Division 104 of Part 5.3 of the Criminal Code Act 1995 (Cth) provides for the making of control orders. A control order is an order issued by a court (either the Federal Court, Family Court or Federal Magistrates Court), at the request of a member of the Australian Federal Police (AFP), to allow obligations, prohibitions and restrictions to be imposed on a person, for the purpose of protecting the public from a terrorist act.[8] -
Legal
14 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: -
14 December 2012Book page
3. Setting the Scene - Children in Immigration Detention
I want to tell you that actually I spent about fifteen nights in the ride to Australia. I was in a small boat if you want to call that a boat, because it was smaller than that, with lots of difficulties. When I saw [we were] getting near Australia I was becoming a little bit hopeful. When we passed Darwin I got to the detention centre as soon as I looked at these barbed wires my mind was full of fear. That was the time that I experienced fear ... -
Legal
14 December 2012Webpage
Submission: NTA Amendment Bill 2006
It is essential at all times when the reform of native title law is contemplated, that the historic importance of the recognition of native title to the building of a more just Australia, be kept squarely in mind. The law of native title provides for the limited recognition and protection of what remains of the traditional property rights of Indigenous Australian peoples that were unjustly ignored and denied for the first 200 years of European settlement. -
14 December 2012Book page
A Last Resort? - Summary Guide (2004)
It was established to consider whether Australia's immigration detention laws and its treatment of children in immigration detention comply with the United Nations Convention on the Rights of the Child. -
14 December 2012Book page
Native Title Report 2007: Chapter 8
These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples. -
Asylum Seekers and Refugees
10 April 2013PublicationHuman rights issues raised by the transfer of asylum seekers to third countries
Human rights issues raised by the transfer of asylum seekers to third countries’ sets out the Australian Human Rights Commission’s position in relation to steps taken recently by the Australian Government to transfer asylum seekers who arrive in Australia by boat to third countries for the processing of their claims for protection. -
14 December 2012Book page
Social Justice Report 2000: Chapter 4: Achieving meaningful reconciliation
This report identifies the necessity to adopt a human rights approach to reconciliation, as well as shortcomings in Australia's performance on human rights issues as they relate to Aborigines and Torres Strait Islanders. This chapter emphasises processes and mechanisms that enable reconciliation to be implemented within a human rights framework. It identifies crucial commitments and processes that governments must engage in to progress meaningful reconciliation in the coming years.