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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 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 -
14 December 2012Book page
17. Major Findings and Recommendations of the Inquiry
In addition to the detailed findings in each of Chapters 5-16, the Inquiry has made the following major findings in relation to Australia's mandatory immigration detention system as it applied to children who arrived in Australia without a visa (unauthorised arrivals) over the period 1999-2002. -
Rights and Freedoms14 December 2012Publication
Implementing the Optional Protocol to the Convention against Torture : Options for Australia
A report to the Australian Human Rights Commission by Professors Richard Harding and Neil Morgan (Centre for Law and Public Policy, The University of Western Australia) -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 6: Procedure and Evidence
Part IIB of the HREOC Act sets out the provisions governing the procedure for federal unlawful discrimination matters.1 That procedure can be summarised as follows: -
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
National Inquiry into Children in Immigration Detention
1. The provisions made by Australia to implement its international human rights obligations regarding child asylum seekers, including unaccompanied minors -
Legal14 December 2012Webpage
Proposed Wild Rivers Declarations
‘The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.’[11] There is a fundamental link between accessing water and living in dignity which means that the human right to water is receiving increased attention and recognition both in Australia and worldwide.[12] The right to water is linked to many other rights including the right to food, the right to health and the right to take part in cultural life.[13] -
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] -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
This submission has been prepared by staff and law students from the Southern Communities Advocacy Legal and Education Service Inc (SCALES). The students worked on this submission as part of a course offered through Murdoch University School of Law in Advanced Clinical Legal Education. This unit is conducted at the School's Law Clinic - SCALES which is also a community legal centre that provides free legal advice, information and representation to low income people living in the Kwinana, Rockingham and Mandurah areas. -
Aboriginal and Torres Strait Islander Social Justice24 May 2016Publication
Ending family violence and abuse
Family violence and abuse is causing untold damage to the cultures and fabric of Indigenous societies. It is damaging our communities, our families, our women, our children and our men. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Mental illness and cognitive disability in Aboriginal and Torres Strait Islander prisoners – a human rights approach (2012)
I would like to begin by acknowledging the Gimuy Walubara Yidinji people of the Cairns region on whose land we gather today. I pay my respects to their Elders past and present. -
14 December 2012Book page
Ending family violence and abuse in Aboriginal and Torres Strait Islander communities – Key issues (2006)
Family violence and abuse is causing untold damage to the cultures and fabric of Indigenous societies. It is damaging our communities, our families, our women, our children and our men. All Indigenous people are entitled to live their lives in safety and full human dignity - without fear of intimidation, family violence or abuse. This is their cultural and their human right. Like all Australians, Indigenous peoples are also entitled to the full and equal protection of the law. -
14 December 2012Book page
Chapter 4 - Introduction: Social Justice Report 2009
Homelands still belong to the people, we want to build homes on our land and live there. When we come to the homeland we come back to the peace and quiet. ... It is a much better environment on the homelands, better things for the children.[1] -
14 December 2012Book page
Questions and Answers About Refugees & Asylum Seekers
According to the United Nations Convention and Protocol relating to the Status of Refugees (also called the Refugee Convention), a refugee is someone who is outside their own country and cannot return due to a well-founded fear of persecution because of their: -
14 December 2012Book page
Native Title Report 2011: Chapter 2: Lateral violence in native title: our relationships over lands, territories and resources
A key priority throughout my five year term as Social Justice Commissioner is to strengthen and rebuild relationships within our Aboriginal and Torres Strait Islander communities. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
“I saw an Afghani guy cut his own throat in my compound – he was working with me in the kitchen that day, and after work, he went outside and he cut himself up everywhere. It was really hard. Even the officers started crying when this happened”. [17–year–old asylum-seeker] -
14 December 2012Book page
Social Justice Report 2004 : Chapter 2 : Walking with the Women - Addressing the needs of Indigenous women exiting prison
Introduction Pre and post-release programs for Indigenous women exiting prison An overview of Indigenous women in corrections Intersectional discrimination - Addressing the distinct experiences of Indigenous women Post-release programs for Indigenous women exiting prison - common themes from consultations Policy and programs relating to Indigenous women exiting prison Post-release housing programs for Indigenous women exiting prison Healing programs for Indigenous women exiting prison Conclusion Endnotes Introduction -
Disability Rights14 December 2012Webpage
DISABILITY DISCRIMINATION BILL 1992: Second Reading
Mr DEPUTY SPEAKER (Hon. G.G.D. Scholes)--I understand that it is the wish of the House to debate the Disability Discrimination Bill concurrently with the Human Rights and Equal Opportunity Legislation Amendment Bill. There being no objection, the Chair will allow that course to be followed. -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: