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Legal14 December 2012Webpage
Submission: MIGRATION LITIGATION REFORM BILL 2005
The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Litigation Reform Bill 2005 (‘the Bill’). -
Legal26 March 2015Submission
Inquiry into the Commonwealth’s Treaty-Making Process
Download PDF Download Word 1 Introduction and summary The Australian Human Rights Commission makes this submission to the Foreign Affairs, Defence and Trade References Committee in its Inquiry into the Commonwealth’s Treaty-Making Process. The Commission is established by the Australian Human Rights Commission Act 1986 (Cth) and is Australia’s national human rights institution with an accredited ... -
Legal14 December 2012Webpage
No. V 470 of 2002
1. The Human Rights and Equal Opportunity Commission (the 'Commission') files these written submissions pursuant to the orders entered on 13 September 2002. The Commission makes no submissions on the issue of whether the Minister should be granted leave to appeal from the judgment and orders of Merkel J. On the assumption that such leave is granted, the Commission's submissions address the proper construction of s.196 of the Migration Act 1958 (Cth) (the 'Act'). -
Legal14 December 2012Webpage
Submission: Sex Discrimination Amendment Bill (No 1) 2000 (Cth)
1.1 The amendments effected by the Sex Discrimination Amendment Bill (No 1) 2000 (Cth) ("the Amendment Bill") go to the core of the guarantee of non discrimination contained in the Sex Discrimination Act 1984 (Cth) ("the SDA"). 1.2 The provisions of the Amendment Bill are of great concern to the Human Rights and Equal Opportunity Commission ("the Commission") and the Sex Discrimination Commissioner ("the Commissioner") for a number of reasons outlined below. -
Legal14 December 2012Speech
Dignity, Fairness and Good Government: The Role of a Human Rights Act - Lord Bingham
It would clearly test to destruction the tolerance of the ordinary red-blooded Australian to have a Pom getting off the plane from London and telling them how to run their country. So I shall not presume to say how the current human rights debate in this country should be resolved. But perhaps I may contribute some thoughts, prompted by our own experience in the United Kingdom, acknowledging as I do so that the Australian context, while in some ways similar, is in others significantly different. -
Legal14 December 2012Webpage
Australia's compliance with the Convention Against Torture
Learn how Australia complies with the UN Committee Against Torture in areas such as immigration detention, prison conditions and victims of trafficking. -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 8 - Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the Federal Magistrates Court (‘FMC’) and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) (‘the Federal Court Act’) and the Federal Magistrates Act 1999 (Cth) (‘the Federal Magistrates Act’).[1] -
Legal14 December 2012Webpage
Submission: MIGRATION AMENDMENT (DESIGNATED UNAUTHORISED ARRIVALS) BILL 2006
1.1 The Human Rights and Equal Opportunity Commission (‘The Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 (‘the Bill’). 1.2 The Commission welcomes the opportunity to make this submission and thanks the Committee for its invitation. -
14 December 2012Book page
Social Justice Report 2001: Chapter 5: Juvenile diversionary schemes and Indigenous people
On 27 July 2000, the Commonwealth government and the Northern Territory Government signed an agreement for the establishment of a juvenile pre-court diversion scheme in the Northern Territory (NT). This agreement arose specifically as a response to the continued criticism of the NT’s mandatory minimum imprisonment laws and their impact on juveniles and Indigenous people. By establishing the pre-court juvenile diversionary scheme, the NT has belatedly joined most other states and territories in Australia in providing such options for dealing with juvenile offenders. -
Legal14 December 2012Webpage
Submission: Anti-Terrorism Bill (No 2) 2005
Recommendation 1: The Bill should be amended to include additional sub-clauses (in s105.4(4) and (6)), which require the issuing authority to be satisfied that the purpose for which the order is made cannot be achieved by a less restrictive means. -
Legal14 December 2012Webpage
Submissions on the Sex Discrimination Amendment (Teaching Profession) Bill 2004
2. First, the Bill is unnecessary because it is unlikely to achieve its stated purpose; that is to address the problem of the imbalance in the number of male and female school teachers and the assumed effect of that imbalance on the education of male school students. In that regard the Commission notes that there is little available evidence which suggests that proposed amendment would increase the proportion of male teachers. -
14 December 2012Book page
It's About Time - Chapter 3
3.1 Introduction 3.2 Australia's human rights obligations for workers with family and carer responsibilities 3.3 Limitations of federal discrimination law 3.4 The need for law reform 3.5 Conclusion -
14 December 2012Book page
HREOC Report No. 28
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into complaints made by twenty six immigration detainees at the Curtin Immigration Reception and Processing Centre. I have found that acts or practices of the Commonwealth, namely placing some of the complainants in separation detention for periods of between three and eight months, were inconsistent with or contrary to the human rights of those detainees as provided for in Article 10(1) of the International Covenant on Civil and Political Rights. -
14 December 2012Book page
Native Title Report 2007: Chapter 8
These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples. -
Legal15 August 2016Submission
Information for List of Issues Prior to Reporting - Australia: Submission to Committee Against Torture (2016)
SUBMISSION BY THE AUSTRALIAN HUMAN RIGHTS COMMISSION Information for List of Issues Prior to Reporting - Australia 27 June 2016 Contents 1. Introduction 2. National Human Rights Institution 3. Ratification of OPCAT 4. Scrutiny of human rights and role of the Parliamentary Joint Committee on Human Rights 5. Violence against women and children 6. Trafficking in persons 7. Criminal Justice System 7.1 ... -
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. -
Legal14 December 2012Webpage
Commission Submission - Amicus Curiae - Jacomb v Australian Municipal, Administrative, Clerical And Services Union
General Recommendation No 5 Seventh Session, 1988 (Attachment Ten) General Recommendation No 23 Sixteenth Session, 1997 (Attachment Eleven) General Recommendation No 25 Thirtieth Session, 30 January 2004 (Attachment Twelve) -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 3: Mental Health and Developmen
from Behaviours Associated with Victimisation in The Impact of Current and Traumatic Stressors on the Psychological Well-Being of Refugee Communities. [1] -
Disability Rights14 December 2012Webpage
Disability Rights: Commission Submission 2008
The Australian Human Rights and Commission (the Commission) makes this submission to the Standing Committee on Legal and Constitutional Affairs in its Inquiry into the Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 (the Bill). -
Legal15 September 2015Submission
Inquiry into the Counter-Terrorism Legislation Amendment (Foreign Fighters Bill)
Review the Commission's submission to the Parliamentary Joint Committee on Intelligence and Security regarding the Counter-Terrorism Legislation Amendment.