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Legal14 December 2012Webpage
Australasian Railways Association application for temporary exemption under the Disability Discrimination Act: Recommendations (Consultation Draft)
These draft recommendations are being circulated for comment before final recommendations are put to the Human Rights and Equal Opportunity Commission. In view of the amount of discussion which has already occurred on this application a period of four weeks for comments is being provided. -
14 December 2012Book page
Native Title Report 2007: Chapter 10
The Native Title Act 1993 (Cth) (the Native Title Act) does not preclude the possibility that native title rights and interests recognised may be commercial rights and interests. -
14 December 2012Book page
4. Australia's Human Rights Obligations
The purpose of this chapter is to explain the relevance of international human rights law to children in Australia's immigration detention centres and to provide a quick reference point on the fundamental human rights principles that have influenced the approach of this Inquiry. This chapter also explains the role of United Nations (UN) guidelines in the Inquiry's analysis of Australia's human rights treaty obligations. -
14 December 2012Book page
5. Protecting the Human Rights of Children in Immigration Detention
Australia is responsible for ensuring that all children in its jurisdiction can enjoy all applicable human rights, including those in the Convention on the Rights of the Child (CRC), International Covenant on Civil and Political Rights (ICCPR) and Refugee Convention. That responsibility may be executed through legislation, executive action and the judicial system. Subject to the Australian Constitution, some of those functions may be fulfilled by State legislatures, executive bodies, courts or private entities. -
14 December 2012Book page
Native Title Report 2010: Chapter 1: Working together in ‘a spirit of partnership and mutual respect’: My native title priorities
Seventy-two Prescribed Bodies Corporate (PBCs) have been registered as Registered Native Title Bodies Corporate to either hold native title rights on trust for, or to act as the agent of, native title holders.[3] -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 11
This chapter focuses on discrimination against same-sex couples and their families in the context of access to the Medicare and Pharmaceutical Benefits Scheme (PBS) Safety Nets. -
14 December 2012Book page
HREOC Report No. 17
This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission (the Commission) following an inquiry conducted by the Commission. The inquiry related to a complaint by the Asylum Seekers Centre (the Centre) against the Commonwealth of Australia (the Commonwealth), Department of Immigration and Multicultural Affairs (the Department). -
14 December 2012Book page
National Inquiry on Employment and Disability Interim Report
This section of the Interim Report summarises the main issues raised in submissions which relate to the job search phase of employment. Those issues include: -
14 December 2012Book page
11. Children with Disabilities in Immigration Detention
One of the underlying goals of international and Australian laws relating to children with disabilities is to provide the highest possible level of support and assistance in the least restrictive way. Laws, policies and programs should be designed to ensure that children with disabilities have the opportunity to participate, to the maximum extent possible, in all aspects of the general community. -
14 December 2012Book page
Native Title Report 2005 : Chapter 4 : Leasing on Indigenous land: a human rights appraisal
This report has focused on proposals for the leasing or alienation of Indigenous land, with a specific focus on the Indigenous Land Tenure Principles released by the National Indigenous Council (NIC). The purpose of this Chapter is to discuss these Principles from a human rights perspective, with a particular focus on the right to development. -
14 December 2012Book page
International Review of Indigenous issues in 2000: Australia - 2. The fight against racism: Principles of non-discrimination and equality
The international human rights norms against which practices of racism and discrimination against Indigenous people must be judged are the guarantees of equality before the law and racial non-discrimination. These norms are recognised in every major international human rights treaty, convention and declaration. They are recognised and protected in the following instruments to which Australia is a party. -
Legal14 December 2012Webpage
Native Title Amendment (Reform) Bill 2011
Recommendation 2: The Committee recommend the Australian Government commission an independent inquiry to review the operation of the native title system and explore options for native title law reform, with a view to aligning the system with international human rights standards, including the United Nations Declaration on the Rights of Indigenous Peoples. -
Legal14 December 2012Webpage
Draft Indigenous Economic Development Strategy (2010)
The Australian Human Rights Commission makes this submission to the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) in response to the draft Indigenous Economic Development Strategy (IEDS). -
14 December 2012Book page
Report No. 40: Complaints by immigration detainees against the Commonwealth of Australia (Department of Immigration and Citizenship, formerly the Department of Immigration and Multicultural and Indigenous Affairs) and GSL (Australia) Pty Ltd (2008)
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of an inquiry by the former President of the Commission into complaints made by immigration detainees against the Commonwealth of Australia. The former President found that the Commonwealth had breached the human rights of the complainants pursuant to articles 10(1) and 17(1) of the International Covenant on Civil and Political Rights. -
Legal14 December 2012Webpage
Discussion Paper "Australia's Children: Safe and Well - A National Framework for Protecting Australia's Children"
“If the measures were targeted solely to parents or families in need of assistance to prevent neglect or abuse of children, as they are in s123UC of the legislation, then some form of income management may be capable of being seen as an appropriate exercise of the governments ‘margin of discretion’ to ensure that families benefit from welfare and receive the minimum essentials for survival.”[13] -
Disability Rights29 June 2015Publication
Inquiry into Human rights of People with Mental Illness report
The Report of the National Inquiry into the Human Rights of People with Mental Illness was tabled in Parliament and publicly released on 20 October 1993 and found that people affected by mental illness are among the most vulnerable and disadvantaged in our community and that they suffer from widespread systemic discrimination -
14 December 2012Book page
Native Title Report 2011: Appendix 2
The Australian Human Rights Commission welcomes the opportunity to comment on the proposed changes to the Native Title Act 1993 (Cth) in the Native Title Amendment (Reform) Bill 2011. -
Legal14 December 2012Webpage
Workplace Relations Amendment (WorkChoices) Bill 2005
Mr John Carter, Secretary Senate Employment, Workplace Relations and Education Committee Department of the Senate Parliament House Canberra ACT 2600 By email: eet.sen@aph.gov.au -
Legal14 December 2012Webpage
Inquiry into the Equal Opportunity for Women in the Workplace Act 1999 and Equal Opportunity for Women in the Workplace Agency (2009)
The Australian Human Rights Commission (the Commission)[1] welcomes the opportunity to make this Submission to the Australian Government Review of the Equal Opportunity for Women in the Workplace Act 1999 (Cth) (the EOWW Act) and the Equal Opportunity for Women in the Workplace Agency (the EOWA). -
14 December 2012Book page
Native Title Report 2001: Chapter Three: Negotiating co-existence through framework agreements
A stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land is emerging through negotiation and agreement-making. Native title agreements are increasingly seen as an important tool in defining the rights of native title holders over their land. But here, as in other aspects of native title, there is concern that there are currently no mechanisms to safeguard human rights principles. Substantive, just and equitable outcomes are only achieved if there are minimum standards in place to recognize and protect these principles.