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14 December 2012Book page
Native Title Report 2008 - Chapter 3
The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the land. This is despite the Western Australian government openly acknowledging the Noongar peoples as the Traditional Owners of the land. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
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I’m sorry that I can’t be with you in person to deliver these remarks, but through my voice for the day, Mr Glenn Pearson, I am very pleased to be invited to talk about my perspectives on the new arrangements in Indigenous affairs. Glenn – I owe you one! -
Legal2 March 2016Submission
Submission on ALRC Freedoms Inquiry – Interim Report
ALRC Freedoms Inquiry – Interim Report AUSTRALIAN HUMAN RIGHTS COMMISSION SUBMISSION TO THE AUSTRALIAN LAW REFORM COMMISSION 16 October 2015 Table of Contents 1 Introduction 2 The Inquiry in Context 3 Scrutiny Mechanisms 4 Freedom of Religion 5 Property Rights - Real Property 1 Introduction The Australian Human Rights Commission (the Commission) makes this submission to the Australian Law Reform ... -
Legal14 December 2012Webpage
Morton v. Queensland Police Service (2010)
The Australian Human Rights Commission (‘the Commission’) has sought leave to appear as amicus curiae in these appeal proceedings. The Commission does not argue for a particular outcome in the appeal, but rather seeks to identify the relevant principles of law for the assistance of the Court. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 4
It is simple to remove discrimination against same-sex couples in laws conferring financial and work-related benefits: amend the definitions describing a couple to include same-sex and opposite-sex couples alike. -
Legal14 December 2012Webpage
Commission submissions: Katinyeri
1. The Human Rights and Equal Opportunity Commission ("the Commission") by notice of motion dated 24 December 1997, has sought leave to intervene in these proceedings pursuant to ss.11(1)(o)of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the Act") relying upon the affidavit of Christopher Dominic Sidoti sworn on 24 December 1997. -
Legal14 December 2012Webpage
Commission submissions: Mulrunji
These submissions concern the powers of a coroner under the Coroners Act 2003 (Qld) ('Coroners Act') to make comments on what might be described as 'systemic' issues arising out of an inquest. -
Aboriginal and Torres Strait Islander Social Justice1 March 2016Publication
Toomelah Report (1988)
The Toomelah community of five hundred Aboriginal people endures appalling living conditions which amount to a denial to them of the most basic rights taken for granted by most other groups in society, and by other Australian communities of similar size. Their houses are substandard and overcrowded, actually contributing to a range of diseases. The community has for decades lived without an adequate and certain water supply, a properly functioning sewerage system and a safe means of sewage disposal. -
Legal15 April 2013Submission
Inquiry into Slavery, Slavery-like conditions and People Trafficking
1 Introduction The Australian Human Rights Commission makes this submission to the Human Rights Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade in its Inquiry into Slavery, Slavery-like conditions and People Trafficking. 2 Summary The Australian Human Rights Commission welcomes the opportunity to make this submission to the Inquiry into Modern Slavery. 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: -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 2 - The Age Discrimination Act
The ADA commenced operation on 23 June 2004. At the date of publication there have been a limited number of cases in which the ADA has been considered[1] and there has not yet been a successful claim of unlawful age discrimination. This chapter therefore focuses on the background to the legislation and its significant features as well as highlighting some similarities and differences with other federal unlawful discrimination laws that may be relevant to its interpretation and application.[2] -
14 December 2012Book page
Social Justice Report 2004 : Appendix 1: Chronology of events relating to the introduction of new arrangements for the administration of Indigenous affairs, 2002 - 2004
This appendix provides an overview of the main events leading up to the introduction of the new arrangements for the administration of Indigenous affairs on 1 July 2004, as well as the key events which have occurred since that time to implement the new arrangements. -
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
Social Justice and Native Title Reports 2006
In my role as Social Justice Commissioner I am required to produce two annual reports on Indigenous human rights issues – the Social Justice Report and the Native Title Report. The reports, which are tabled in federal Parliament, analyse the major changes and challenges in Indigenous affairs over the past year. They also include recommendations to government that promote and protect the rights of Indigenous Australians. This easy-to-read Community Guide offers a snapshot of some of the key issues in both reports. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
1. BACKGROUND TO UNAA's CONCERN 2. THIS INQUIRY 3. AUSTRALIA'S INTERNATIONAL HUMAN RIGHTS OBLIGATIONS 4. MANDATORY DETENTION OF CHILDREN, and ALTERNATIVES 5. CHILD ASYLUM SEEKERS IN DETENTION AND THE COMMUNITY 6. IMPACT OF DETENTION ON THE DEVELOPMENT OF CHILDREN 7. MEASURES REQUIRED TO PROTECT INTERESTS OF CHILDREN 8. MEASURES FOR PROTECTING INTERESTS OF CHILD ASYLUM SEEKERS AND REFUGEES 9. CONCLUSION 10. RECOMMENDATIONS -
Legal14 December 2012Webpage
Commission submission: IVF
(a) whether section 8 of the Infertility Treatment Act 1995 (Vic) ('ITA') is inconsistent, in terms of section 109 of the Constitution, with section 22(1) of the Sex Discrimination Act 1984 (Cth) ('SD Act'); and -
Legal14 December 2012Webpage
Inquiry into the Welfare Reform and Reinstatement of Racial Discrimination Act Bill 2009 and other Bills
There is intense hurt and anger at being isolated on the basis of race and subjected to collective measures that would never be applied to other Australians. The Intervention was received with a sense of betrayal and disbelief. Resistance to its imposition undercut the potential effectiveness of its substantive measures. -
14 December 2012Book page
Native Title Report 2007: Chapter 10
The Native Title Act 1993 (Cth) (the Native Title Act) does not preclude the possibility that native title rights and interests recognised may be commercial rights and interests. -
14 December 2012Book page
Native Title Report 2006: Appendix 3: Recommendations and relevant international human rights law
At the international level there are three broad categories of obligation to which a state may be subject: treaty law, customary international law and emerging international standards. Treaty obligations become binding on states once they have ratified a treaty. This means that the state allows itself to be bound by the conditions and obligations contained within the treaty. Customary international law is enshrined in continuous practice by a majority of states over an extended period of time. -
Legal14 December 2012Webpage
Submission: Video Evidence
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 Law and Justice Legislation Amendment (Video Evidence and Other Measures) Bill 2005 (‘the Bill’). The Commission welcomes the opportunity to make this submission and thanks the Committee for its invitation.