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14 December 2012Book page
HREOCA: religious freedom
This is an information paper only. It is intended to provide general guidance. It is not a legally binding document and is not a substitute for independent legal advice. It is limited to the role and function of the Human Rights and Equal Opportunity Commission as contained in the legislation establishing the Commission. -
14 December 2012Book page
Social Justice Report 2001: Chapter 2: Mutual obligation, welfare reform and Indigenous participation: a human rights perspective
In recent years a mutual obligation approach has been adopted to reform public policy on welfare and employment issues. There has been much discussion about the applicability of this approach within an Indigenous policy context. It is seen by many as consistent with Indigenous cultural values such as reciprocity and an emphasis on community, as well as suggesting an antidote to the damage caused by intergenerational poverty, of which long-term welfare dependency and a crippling short-term local cash economy are often features. -
Rights and Freedoms19 August 2016Speech
Tony Blackshield Lecture
<h2><strong>HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS</strong></h2> <p><span style="font-size: 13.008px; line-height: 1.538em;">It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law.&nbsp; He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years.</span></p> -
Legal14 December 2012Webpage
Commission submissions: Alex
1.1 On 15 January 2004, the Family Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in these proceedings, pursuant to s 92 of the Family Law Act 1975 (Cth) ("Family Law Act"). -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - Howe v Qantas
However, if appropriate, and with leave of the Court, the Commissioner reserves the right to make further submissions on legal matters which may arise during the hearing of this matter and after receipt of the respondent’s particularised points of defence. No submissions are to be made in relation to the evidentiary and factual matters that may arise for determination. -
14 December 2012Book page
Bringing them Home - Chapter 22
Adoption is the transfer, generally by order of a court, of all parental rights and obligations from the natural parent(s) to the adoptive parent(s). In Australia, legal adoption is relatively recent. It was first introduced in 1928 in Victoria, for example. Until very recently adoption involved near-total secrecy, partly in deference to the desire of adoptive parents to present the child as their own and partly because of the stigma of illegitimacy which typically attached to adopted children. -
14 December 2012Book page
The Right to a Discrimination-Free Workplace
The prohibition on discrimination in employment is a relatively recent, but now well-established, feature of the Australian legal environment. Laws prohibiting discrimination in the workplace in Australia date back to 1966 when South Australia introduced the Prohibition of Discrimination Act 1966 (SA), to prohibit discrimination on the grounds of race in aspects of employment and in the provision of goods and services.[1] -
Rights and Freedoms26 September 2016Speech
Human rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
<p>&nbsp;</p> <p>&nbsp;</p> <p><strong>HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS</strong></p> <p>GILLIAN TRIGGS<sup><a href="#fn1" name="fnB1">[*]</a></sup></p> <p>(Annual Tony Blackshield Lecture delivered at Macquarie Law School,<br>Macquarie University, 5 November 2015)</p> <hr> <p>&nbsp;</p> -
Legal14 December 2012Webpage
Inquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2011
Recommendation 2: The Migration Act should be amended to provide that detention of unlawful non-citizens in immigration detention facilities must only be used as a measure of last resort. There should be a clear presumption against the detention of children for immigration purposes. -
14 December 2012Book page
Indigenous Deaths in Custody: Part D - Implementing the Recommendations
We are deeply dissatisfied with the performance to date by various government agencies... there does not appear to be any process beyond monitoring to ensure that effective implementation takes place... -
14 December 2012Book page
Native Title Report 2000: Chapter 3: Native title and sea rights
One of the major events of the period covered by this report was the handing down of the decision by the full Federal Court in the Croker Island case (1) on appeal from the decision of Justice Olney. (2) It is the major test case on the recognition of native title sea rights and represents the most authoritative statement of the law in Australia at the present time. It was a split decision and this chapter analyses the human rights implications of the different legal positions adopted by the majority and the minority decisions of the court. -
Legal14 December 2012Webpage
Submission: Sex Discrimination Amendment Bill (No 1) 2000 (Cth)
1.1 The amendments effected by the Sex Discrimination Amendment Bill (No 1) 2000 (Cth) ("the Amendment Bill") go to the core of the guarantee of non discrimination contained in the Sex Discrimination Act 1984 (Cth) ("the SDA"). 1.2 The provisions of the Amendment Bill are of great concern to the Human Rights and Equal Opportunity Commission ("the Commission") and the Sex Discrimination Commissioner ("the Commissioner") for a number of reasons outlined below. -
Commission – General14 December 2012Speech
President speeches: How to Proactively Manage Workplace Grievances
Ladies and Gentlemen I am very pleased to be at the Catholic Independent Schools Employment Relations Committee Conference. Occasions such as this one allow me, as President of the Australian Human Rights and Equal Opportunity Commission, to share with a very influential group my thoughts about how we can all better manage the complexity and diversity of today’s working environments. -
Commission – General14 December 2012Speech
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Human rights are said to be universal and indivisible. This paper explores how far that universality introduces human rights principles into the functions and work of the Administrative Appeals Tribunal (AAT). The answer, I think, could be “further than you realise”. -
14 December 2012Book page
Chapter 2: Constitutional reform: Creating a nation for all of us - Social Justice Report 2010
A century ago, the Australian people engaged in a debate about creating a nation. They held meetings...They wrote articles and letters in newspapers. Many views were canvassed and voices were heard. The separate colonies, having divided up the land between them, discussed ways of sharing powers in order to achieve a vision of a united Australia. The result was the Australian Constitution, establishing the Commonwealth of Australia in 1901. -
14 December 2012Book page
Voices of Australia: Activity sheet 4 - rightsED
It was a landmark for Australia - the first federal law to say that all people have the right to be treated fairly, regardless of their background, culture or colour. -
Legal14 December 2012Webpage
Submission - Access To Aboriginal Land Under The Northern Territory Land Rights Act February 2007
The Human Rights and Equal Opportunity Commission (HREOC) welcomes the opportunity to comment on the Federal Government"s Discussion Paper: Access to Aboriginal Land under the Northern Territory Aboriginal Land Rights Act - Time for Change? -
Legal14 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"). -
Legal14 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. -
14 December 2012Book page
Annual Report 2008-2009: Chapter 2
One of the Commission’s central functions is to undertake education programs that increase public awareness and generate discussion of human rights and anti-discrimination issues within Australia.