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Legal14 December 2012Webpage
Tasmanian Human Rights Charter Consultation (2010)
The Commission congratulates the Tasmanian Government on making significant progress towards the legislated protection of human rights and promoting community discussion about human rights. -
14 December 2012Book page
Native Title Report 2007: Chapter 11
</B>While the native title system is able to deliver social and cultural outcomes through determinations of native title, Indigenous land use agreements (ILUAs) are one of the only ways in which native title holders can pursue economic development. -
14 December 2012Book page
Track the History - Us Taken-Away Kids: commemorating the 10th anniversary of the 'Bringing them home' report
This timeline focuses on one particular aspect of the history of Aboriginal and Torres Strait Islander peoples - the forcible removal of Indigenous children from their families. This material identifies some significant laws and practices that made removal lawful and includes writing and artwork from members of the Stolen Generations and their families which illustrate their experiences of these policies. This section uses as its primary resource Bringing them home, the report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families. -
14 December 2012Book page
Indigenous Deaths in Custody: Chapter 6 Police Practices
Explore a report prepared for the Aboriginal and Torres Strait Islander Commission in relation to Indigenous deaths in custody and police practices. -
Age Discrimination14 December 2012Publication
Age Discrimination: exposing the hidden barrier for mature age workers
Since the introduction of the Age Discrimination Act 2004 (Cth), experiences of age discrimination in employment among mature age workers have featured prominently in the complaints of age discrimination received by the Australian Human Rights Commission. In 2008-09, I undertook a series of consultations with peak bodies including age-based community groups, legal service providers, business groups, unions, academics and relevant government departments. As well I undertook research to learn more about the barriers to employment facing mature age workers. -
Legal14 December 2012Webpage
Inquiry into the Native Title Amendment Bill 2009
Submission by the Aboriginal and Torres Strait Islander Social Justice Commissioner to the Senate Standing Committee on Legal and Constitutional Affairs -
Legal14 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: -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 3: The Racial Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the subsequent SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination ('ICERD').1 -
14 December 2012Book page
HREOC Report No. 26
Pursuant to s 31(b)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach, on behalf of the Commission, a report of an inquiry conducted by my predecessor, Professor Alice Tay. The inquiry dealt with a complaint of discrimination in employment by Mr Kenneth Douglas against the Commonwealth of Australia (Australian Defence Force). -
Legal14 December 2012Webpage
Re: Bernadette (2008)
1.1 On 7 March 2006, the Family Court of Australia granted leave to the Human Rights and Equal Opportunity Commission (HREOC) to intervene in these proceedings pursuant to s 92 of the Family Law Act 1975 (Cth) (‘Family Law Act’). -
Legal14 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. -
14 December 2012Book page
Native Title Report 2003 : Chapter 4: Native Title and Agreement Making : a Comparative Study
The failure in Australia to perceive native title and land rights as the basis on which to address Indigenous economic and social development has been evident at legal, policy and administrative levels. Legally, the increasingly narrow interpretation of native title by the High Court has, as Noel Pearson has pointed out, stripped native title of much economic meaning or benefit. -
14 December 2012Book page
Native Title Report 2011: Chapter 3: Giving effect to the Declaration
Indigenous peoples from all over the world have suffered the long-standing effects of colonisation. Consequently, we continue to struggle with the challenges that I have raised in this Report; particularly those that concern our identity, culture and access to and protection of our lands, territories and resources. -
26 March 2014Book page
Chapter 6: Principle 3: Increasing numbers requires increasing opportunities
Key findings of ADF Review The ADF Review found that the ADF’s talent pool was narrowing, while competition for workers had intensified. To enhance capability and operational effectiveness, the ADF Review found that the ADF must draw on a broader talent pool, of which women were a critical part. The ADF Review found that: There had only been a one percent increase in the recruitment of women in ... -
14 December 2012Book page
Social Justice Report 2000: Chapter 2: Reconciliation and human rights
This will be how we assess the success or otherwise of the reconciliation process in years to come. The reconciliation process has the potential to be as significant, and difficult, as the process that led to the joining together of the states into one indissoluble federation in 1901. It challenges us to adapt the structures of society in ways that ensure that first nation peoples can participate fully, be welcomed and have our cultures respected. Integral to this process is an acknowledgement of the wrongs of the past and an acceptance of the need for a restructured relationship. -
Legal14 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. -
Legal14 December 2012Webpage
Commission submissions: Khafaji
The Commonwealth relies upon Australia's response to the UNHRC's decision in A v Australia.(34) Nothing flows from that response. The UNHRC hears individual complaints of violations of the ICCPR (called "communications") under the First Optional Protocol to the ICCPR. (35) Australia is a party to the First Optional Protocol. (36) The decisions or "views" of the UNHRC regarding those communications do not constitute legally binding decisions in international law. (37) However, as the UNHRC has noted: -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission will focus on the current Australian immigration detention regime as it applies to minors. The regime will be examined based on data and information made available by the Department of Immigration and Multicultural and Indigenous Affairs (“DIMIA”) and supporting documentation ranging from government publications, the Flood Inquiry and testimonies given to the Australian Human Rights and Equal Opportunity Commission “HREOC” under oath. -
14 December 2012Book page
Native Title Report 2003 : Chapter 2 : Native Title Policy - State and Commonwealth profiles
Human rights principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given legal recognition and protection. International legal principles also recognise that Indigenous peoples have economic, social and cultural human rights. Native title, as it is constructed through the Australian legal system, has a limited capacity to meet these human rights standards. -
14 April 2015Book page
1 Social justice - Year in review
1.1 Introduction 1.2 Machinery of Government changes 1.3 The 2014 Budget 1.4 Leadership, representation and engagement 1.5 Constitutional recognition 1.6 Indigenous Jobs and Training Review 1.7 Closing the Gap 1.8 Stolen Generations 1.9 International developments 1.10 Australian Human Rights Commission complaints 1.11 Conclusion 1.1 Introduction At the beginning of this reporting period, we were ...