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Rights and Freedoms
14 December 2012Speech"Immigration Detention - the Current Position"
The Australian HR protection system is a direct result of the history and development of white settlement in this country. If you compare us with the United States, we Australians had no free settlement, no War of Independence and little or no nation building by private entrepreneurship; rather it was done by way of British government fiat. -
Rights and Freedoms
14 December 2012Speech
"Long-term detention and mental health": Dr Sev Ozdowski OAM (2002)
Professors Harry Minas and Byron Good - Conference Convenors and Co-directors, distinguished guests from both Australia and overseas, ladies and gentlemen, all. -
Commission – General
9 April 2013PublicationOur agenda: Commission workplan 2012-2013
This document provides an overview of the Commission’s major activities for 2012-13. The Commission regularly reviews the ways in which human rights are being observed and respected across Australia. We do this to determine where we can take practical action and make a positive difference. -
Legal
14 December 2012WebpageCommission submission - s134
1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the dicta of Dixon J in R v Hickman; Ex Parte Fox and Clinton (1945) 70 CLR 598 ("Hickman") are applicable to the provisions of the Act, including s 474. -
14 December 2012Book page
Report No. 41: El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The complaints by Mr El Masri Part D: The Commission’s human rights inquiry and complaints function Part E: Mr El Masri’s detention from 14 November 2002 to 14 October 2005 Part F: The detention of Mr El Masri on 28 November 2006 Part G: The detention of Mr El Masri in MSU Part H: Use of force on 8 August 2005 Part I: Restrictions on Mr El Masri’s telephone calls Part J: Visits by Mr El Masri’s family Part K: Findings and recommendations Appendix 1 Appendix 2 Functions -
Legal
14 December 2012Webpage
Migration Amendment (Immigration Detention Reform) Bill 2009
Recommendation 1: The Bill should be amended to ensure that detention in immigration detention centres is only used as a last resort and for the shortest practicable time, as committed to in Value 5. The words ‘The Parliament affirms as a principle that’ in section 4AAA(2) should be deleted. -
Rights and Freedoms
14 December 2012Speech
Mission Australia National Management Team Meeting
Speaking notes for a presentation to the Mission Australia National Management Team Meeting in Sydney on 22 August 2001 by Dr Sev Ozdowski OAM, Human Rights Commissioner -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechCollaborative indigenous policy development
I would also like to thank the conference organisers for two things: – firstly for inviting me to present today, and secondly, for developing a conference on such a critical but very marginalised theme on the national stage – Indigenous policy development – and how we can all do it better. -
Legal
14 December 2012Webpage
Inquiry into Better Support for Carers
The Human Rights and Equal Opportunity Commission (‘HREOC’) makes this submission to the House of Representatives Standing Committee on Family, Community, Housing and Youth (‘the Committee’) in its Inquiry into Better Support for Carers (‘the Inquiry’). -
Rights and Freedoms
14 December 2012Speech
Human Rights Protection and Resolution Through the Law
Mr. Neil Brown QC, Mr. Michael Shand QC, members of the Victoria Bar and of Chartered Institute of Arbitrators, distinguished guests, ladies and gentlemen, all. -
14 December 2012Book page
Native Title Report 2000: Appendix 5
The following instruments, declarations, principles and guidelines set out Australia's International human rights obligations with regard to cultural heritage protection. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Introduction Background Health Schooling Shelter Food/nutrition Transport Interpreters Language Social Support Maternity Recommendations Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 -
Disability Rights
14 December 2012WebpageGenetic information: submission to ALRC inquiry
If further discussions on issues raised in this submission would be useful may I suggest Mr David Mason, Director of this Commission's Disability Rights policy unit, as first point of contact, by phone on 02 9284 9724 or by email on david.mason@humanrights.gov.au . -
Legal
14 December 2012Webpage
Criminal Code Amendment (Trafficking in Persons Offences) Bill 2004
Your letter of 10 February 2005 invited the Human Rights and Equal Opportunity Commission ('the Commission') to make submissions to the Senate Legal and Constitutional Committee ('the Committee') on the Criminal Code Amendment (Trafficking in Persons) Bill 2004 ('the Bill'). -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Speech
Strengthening our relationships over lands, territories and resources
Let me begin by acknowledging and paying my respects to the Traditional Owners of the place upon which we sit and talk tonight. I honour your Elders that have come before us, those that are here tonight and I await in optimistic anticipation for those Elders who are yet to emerge. -
14 December 2012Book page
HRC Report No. 12
This report to the Attorney-General concerns inquiries made by the Human Rights and Equal Opportunity Commission ('the Commission') into complaints by Quan Ri Qing and Su Yu Fei against the Commonwealth of Australia, Department of Immigration and Multicultural Affairs ('the Department') concerning violations of human rights under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('the HREOC Act') which allegedly occurred during the detention of the complainants as unauthorised arrivals at the Port Hedland Detention Centre in 1996. -
Legal
14 December 2012Webpage
Commission submission - Minh Dung Luu
1. The Human Rights and Equal Opportunity Commission ("the Commission") was granted leave by his Honour Justice Marshall on 5 June 2001 to intervene in these proceedings pursuant to s 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the "HREOC Act"). -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - AB v Registrar, Births Deaths and Marriages
The Sex Discrimination Commissioner was granted leave on 2 May 2006 to appear as amicus curiae at the hearing of these proceedings and make submissions on the following matters: -
Legal
14 December 2012Webpage
International Covenant on Civil and Political Rights – List of issues prior to reporting
This submission is made by the Australian Human Rights Commission, Australia’s national human rights institution. It outlines a number of issues that the Commission suggests should be considered by the Human Rights Committee as it develops a List of Issues Prior to Reporting ahead of Australia’s preparation of its sixth periodic report regarding the implementation of the International Covenant on Civil and Political Rights (ICCPR). -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Speech
Native Title and the Treaty Dialogue
It is very fitting that we discuss native title in the context of a treaty just one month after a very significant native title decision, the Miriuwung Gajerrong decision [1], has been handed down by the High Court. 406 pages of honed legal reasoning cut through almost the entire history of non-Indigenous land law in Western Australia to decide the final shape that native title would take for the Miriuwung Gajerrong people.