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14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. Save the Children Save the Children is the world's largest independent child development organisation, with 32 member countries and programs in over 100 countries. Save the Children works for: -
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. -
14 December 2012Book page
Native Title Report 2002: Summary of the Validation & Confirmation of Extinguishment Provisions in the NTA
In the High Court’s formulation of native title in Mabo (No 2), [1] delivered on 3 June 1992, it was made clear that in the past, governments could validly grant interests in land that would extinguish native title. These grants could be made without payment of compensation to native title holders. [2] At least that was as far as the common law was concerned. The Court did not need to consider the effect of the Racial Discrimination Act 1975 (Cwlth) (‘RDA’) on laws and grants after the RDA came into force on 31 October 1975. -
Legal14 December 2012Webpage
Commission submissions: Khafaji
SHDB Appellant PHILIPPA GODWIN First Respondent JULIE HELEN KEENAN Second Respondent MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS Third Respondent -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. In Beijing in 1995 the Australian government was one of 73 governments that made commitments for national action during their plenary speeches at the Beijing Conference. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
"Protection is not a simple concession made to the refugee: he is not an object of assistance, but rather a subject of rights and duties. Each country has the responsibility to respect the rights of refugees and assure that they are respected as much as the rights of its own citizens" [1] -
14 December 2012Book page
Bringing them Home - Chapter 16
That's why I wanted the files brought down, so I could actually read it and find out why I was taken away and why these three here [siblings] were taken by [our] auntie ... Why didn't she take the lot of us instead of leaving two there? ... I'd like to get the files there and see why did these ones here go to the auntie and the other ones were fostered. Confidential evidence 161, Victoria. -
Rights and Freedoms3 March 2023Speech
Human Rights in the time of Covid
Responding to the COVID-19 pandemic as a public health emergency tested national readiness in a federal system to contain the spread of the disease effectively and required very quick action by governments. -
Legal14 December 2012Webpage
Intervention: Annotated Submissions on Behlaf of the Australian Human Rights Commission (Intervening)
The Commission has an interest and expertise in relation to the rights of transgender persons generally, and transsexuals more particularly, as set out in paragraphs 7 and 12 of the affidavit of Catherine Branson filed on 27 April 2011. Accordingly it will be able to assist the Court by way of these written submissions and, if appropriate, by way of oral submissions. -
Commission – General14 December 2012Speech
Natural Justice Issues In A Tribunal Hearing
I was first approached by one of your Committee to speak tonight on a topic which sounded an easy one: "talk about your experiences in consensus judgments and how committees of more than one function". I shall amplify why that would be an easy topic in a moment. -
14 December 2012Book page
Bringing them Home - Chapter 13
Lots of white kids do get taken away, but that's for a reason - not like us. We just got taken away because we was black kids, I suppose - half-caste kids. If they wouldn't like it, they shouldn't do it to Aboriginal families. Confidential evidence 357, South Australia. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
'Still Riding for Freedom’ (2008)
I acknowledge the traditional owners of the land where we are meeting tonight, the Gadigal peoples of the Eora nation. I pay my respects to your elders and to those who have come before us. And thank you to Chicka Madden for your generous welcome to country. Chicka and I spent a term together on the Board of Aboriginal Hostels. -
14 December 2012Book page
Bringing them Home - Chapter 21
Indigenous children throughout Australia remain very significantly over-represented `in care' and in contact with welfare authorities. Their over-representation increases as the intervention becomes more coercive, with the greatest over-representation being in out-of-home care. Indigenous children appear to be particularly over-represented in long-term foster care arrangements. A high percentage of Indigenous children in long-term foster care live with non-Indigenous carers. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Indigenous peoples and the right to self-determination
I pay my respects to the Gadigal as a Kungarakan man whose traditional country lies far north from here, up near Darwin. I recognise the relationship of the Gadigal to this land and their ongoing responsibilities to it, under the watch of their ancestors. In other words, I recognise the ongoing dimensions of the sovereignty of the Gadigal to this country. -
Legal14 December 2012Webpage
Commission submissions: P v P
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's view should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Michael Dudley Conjoint Senior Lecturer, School of Psychiatry, University of New South Wales and Sydney Children's Hospital, and Chair, Suicide Prevention Australia -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 8: Deprivation of Liberty and Humane Detention
In accordance with the general principle stated at Guideline 2 and the UNHCR [1] Guidelines on Refugee Children, minors who are asylum seekers should not be detained… -
Legal29 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
16. Temporary Protection Visas for Children Released from Immigration Detention
The immigration status that results in the detention of children under Australian law also affects their entitlements to various services on release from detention, after they have been recognised as refugees. As discussed in Chapter 6 on Australia's Detention Policy, most children detained in immigration detention facilities for long periods are detained because they arrive in Australia without a visa (unauthorised arrivals). More than 90 per cent of those children are subsequently found to be refugees and are therefore released on temporary protection visas (TPVs). -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Australian Lawyers for Human Rights (ALHR) is a network of Australian lawyers interested in furthering awareness and advocacy of human rights in Australia. ALHR promotes the practice of human rights law in Australia and works with Australian and international human rights organisations to achieve this aim.