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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
Commission Website: National Inquiry into Children in Immigration Detention
This submission to the Human Rights and Equal Opportunities Commission's Inquiry into Children in Immigration Detention Centres is the result of the work and contributions of many people. -
Business and Human Rights30 November 2022Speech
Executive discretion in a time of COVID-19
Responses to the COVID-19 pandemic have required very quick action by governments. But those responses have also involved significant limitations on people’s rights and freedoms, especially freedom of movement, and implemented through executive power often with limited parliamentary involvement. -
Legal14 December 2012Webpage
SJU: Submission to Inquiry into Aboriginal Customary Law in NT
To access the Executive Summary of the Aboriginal and Torres Strait Islander Social Justice Commissioner's Submission to the Northern Territory Law Reform Committee Inquiry into Aboriginal Customary law in the Northern Territory click here. -
14 December 2012Book page
HREOC Report No. 20
10.1 Whether there was an act or practice in terms of the HREOC Act 10.2 Whether there was a distinction, exclusion, or preference on the basis of criminal record 10.3 Whether the distinction, exclusion or preference nullified or impaired equality of opportunity or treatment in employment or occupation 10.4 Whether the distinction, exclusion or preference was based on the inherent requirements of the job -
Commission – General14 December 2012Speech
President speech: Using human rights to inform administrative decision-making
The right to non-discrimination on the basis of sex and immigration regulations: Abdulaziz, Cabales and Balkandali v The United Kingdom (28 May 1985) Eur Court HR -
Legal14 December 2012Webpage
Commission submissions: CEO
For the purposes of this Act, a person (discriminator) discriminates against another person (aggrieved person) on the ground of a disability of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition: -
14 December 2012Book page
National Inquiry into Childen in Immigration Detention - Background Paper 1: Introduction
In November 2001, the Human Rights Commissioner announced an Inquiry into the adequacy and appropriateness of Australia's treatment of child asylum seekers and other children who are, or have been, held in immigration detention, including: -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 5: The Disability Discrimination Act
The DDA covers discrimination on the ground of disability, including discrimination because of the use of a therapeutic device or aid;1 accompaniment by a carer or assistant;2 or accompaniment by an assistance animal.3 -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. INTRODUCTION 2. HUMAN RIGHTS IMPLICATIONS FOR MINORS OF AUSTRALIA'S MANDATORY DETENTION 3. ADDITIONAL ISSUES FOR UNACCOMPANIED MINORS IN DETENTION 4. ALTERNATIVES TO DETENTION 5. CONCLUSION -
14 December 2012Book page
Native Title Report 2007: Chapter 6
‘CATSI’ is an acronym for the Commonwealth’s Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), which came into effect on 1 July 2007. The Act ‘primarily provides for the incorporation and regulation of Aboriginal and Torres Strait Islander Corporations’. It replaces the Aboriginal Councils and Associations Act 1976 (Cth) (the ACA Act). -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased was travelling with a friend in a car on Kloeden St, Ceduna at around 1:30am on the morning of Sunday 2 July. The car was approached by police who later stated that they were attending to a break-in in the street. The officers ran a warrant check on the pair. The friend was allowed to go but the deceased was arrested on warrants for non-payment of fines and a non-appearance on an assault police charge at Port Lincoln Courthouse, 300km from Ceduna. Following the arrest procedures the deceased was placed in the police cell complex around about 2.30am. -
Legal14 December 2012Webpage
Submission to National Human Rights Consultation (2009)
The Australian Human Rights Commission (the Commission) welcomes the opportunity to make this submission to the National Human Rights Consultation (the Consultation). -
14 December 2012Book page
Same-Sex: Discussion paper 2
This discussion paper briefly discusses federal laws which exclude same-sex couples from accessing financial and work-related entitlements. The paper discusses the following areas of federal law: -
14 December 2012Book page
Bringing them Home - Chapter 14
The Government has to explain why it happened. What was the intention? I have to know why I was taken. I have to know why I was given the life I was given and why I'm scarred today. Why was my Mum meant to suffer? Why was I made to suffer with no Aboriginality and no identity, no culture? Why did they think that the life they gave me was better than the one my Mum would give me? </BLOCKQUOTE> -
14 December 2012Book page
Native Title Report 2010: Chapter 3: Consultation, cooperation, and free, prior and informed consent: The elements of meaningful and effective engagement
On 3 April 2009, the Minister for Families, Housing, Community Services and Indigenous Affairs (Minister for Indigenous Affairs) delivered a formal statement in support of the United Nations Declaration on the Rights of Indigenous Peoples (Declaration).[1] In this statement, the Minister acknowledged that ‘[w]e need to find more ways of hearing Indigenous voices’.[2] -
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. -
14 December 2012Book page
Native Title Report 2002: Discrimination and native title
The resolution of the debate as to whether the extinguishment of native title by the common law and the Native Title Act 1993 (Cwlth) (‘NTA’) is racially discriminatory, depends upon the interpretation given to its two essential components: extinguishment and discrimination. The interpretation that the High Court has given to the extinguishment provisions of the NTA and its relationship with the common law was the subject of the chapter 2. It is to the second of these components, the meaning of discrimination as it applies to the extinguishment of native title, that I now turn. -
14 December 2012Book page
Native Title Report 2005 : Chapter 3 : The economic logic of the NIC Principles and economic development on Indigenous lands
As my predecessor pointed out in the Native Title Report 2003, native title is a political process as well as a legal process. Indigenous people enter a relationship with the State on the basis of their identity as the traditional owner group of an area of land. In some cases native title has provided the first opportunity since colonisation for a relationship of this type to be formed. -
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).