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11 February 2014Book page
3 Police, courts and corrections – the issues
<h4><a name="_Toc379195349"></a><a name="Heading274"></a><strong><em>3.1 General findings</em></strong></h4> <p>In our consultations the Commission received information from people with disabilities and their advocates, support services in the community and in government and people in the police, courts and the custody and release system.</p> -
Legal
14 December 2012WebpageCommission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need for an effective remedy is a need of non-citizens affected by decisions made under the Migration Act 1958 (Cth) ("the Act"). -
14 December 2012Book page
Ismaع - Listen: Independent Research
In June 2003, the Human Rights and Equal Opportunity Commission (HREOC) engaged the Centre for Cultural Research (CCR) at the University of Western Sydney (UWS) to investigate Australian Arabs' and Muslims' experiences of post-September 11 racism, the extent to which these experiences were going unreported and the reasons for this. The CCR team was charged with addressing the following questions: -
Commission – General
14 December 2012WebpageConvention on the Rights of the Child - Human rights at your fingertips
Learn about the principles proclaimed in the Charter of the United Nations, which recognises the inherent dignity and equal rights of all of humanity. -
Legal
14 December 2012Webpage
Consideration of Australia’s ratification of the Optional Protocol to the Convention against Torture
The Australian Human Rights Commission makes this submission to the Joint Standing Committee on Treaties (JSCOT) in its consideration of Australia’s ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 6 - Practice and Procedure
The procedure for making complaints of federal unlawful discrimination is set out in Part IIB of the HREOC Act.[1] That procedure can be summarised as follows. -
Disability Rights
14 December 2012SpeechThe right to belong
I have called this paper "the right to belong", and it is with this idea that I wish to begin my address to you this afternoon, before discussing in more detail the current state of the law in relation to disability discrimination. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The National Program on Refugees and Displaced People operates under the Christian World Service Commission of the National Council of Churches in Australia, which has been assisting refugees to resettle in Australia since 1948. -
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. -
Legal
14 December 2012Webpage
Commission submissions: Khafaji
The Commonwealth relies upon Australia's response to the UNHRC's decision in A v Australia.(34) Nothing flows from that response. The UNHRC hears individual complaints of violations of the ICCPR (called "communications") under the First Optional Protocol to the ICCPR. (35) Australia is a party to the First Optional Protocol. (36) The decisions or "views" of the UNHRC regarding those communications do not constitute legally binding decisions in international law. (37) However, as the UNHRC has noted: -
14 December 2012Book page
International Review of Indigenous issues in 2000: Australia - 4. National laws contributing to racism, racist practices and / or race related discrimination
On 3 June 1992 the High Court of Australia handed down its decision in Mabo v Queensland (No.2) (1992) 175 CLR 1. This decision constitutes the first recognition of indigenous property rights at common law in Australia. The Court rejected the previously existing view that Australia was terra nullius (or land belonging to no-one) upon settlement by Europeans in 1788. -
Legal
14 December 2012Webpage
Commission Submission - ON COMMON DIFFICULTIES FACING ABORIGINAL WITNESSES
The communication difficulties that may be faced by Aboriginal people in the legal system have long been recognised.1 In the Queensland context, these have been well documented by Dr Diana Eades 2 and the Criminal Justice Commission (CJC).3 These issues are also dealt with in detail in the Equal Treatment Benchbook of the Supreme Court of Queensland (‘the Queensland Benchbook’)4 and in Aboriginal English in the Courts: A Handbook, (‘The Queensland Handbook’) prepared by the Queensland Department of Justice and Attorney-General to assist judges and other members of the l -
Legal
14 December 2012Webpage
Web accessibility and Government 2.0 (2009)
The Australian Human Rights Commission (the Commission) makes this submission to the Government 2.0 Taskforce - Towards Government 2.0: An issues paper. -
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. -
14 December 2012Book page
Social Justice Report 2005 : Summary
The Social Justice Report 2005 covers the period from 1 July 2004 to 30 June 2005. The Report considers progress in achieving improvements in the health status of Aboriginal and Torres Strait Islander peoples and sets out a human rights framework for achieving health equality within a generation. -
14 December 2012Book page
Report No. 42: Mr KL v State of NSW - Report into discrimination in employment
Pursuant to s 31(b)(ii) of the Australian Human Rights Commission Act 1986 (Cth), I attach my report of an inquiry into the complaint made by Mr KL of discrimination in employment on the basis of criminal record by the NSW Department of Education. -
Sex Discrimination
14 December 2012PublicationPregnancy Guidelines (2001)
The Pregnancy Guidelines follow the Commission's Report of the National Inquiry into Pregnancy and Work, Pregnant and Productive: It's a right not a privilege to work while pregnant, commissioned by the federal Attorney-General in August 1998. -
Rights and Freedoms
19 August 2016SpeechTony Blackshield Lecture
<h2><strong>HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS</strong></h2> <p><span style="font-size: 13.008px; line-height: 1.538em;">It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law.&nbsp; He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years.</span></p> -
Legal
14 December 2012Webpage
Inquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2011
Recommendation 2: The Migration Act should be amended to provide that detention of unlawful non-citizens in immigration detention facilities must only be used as a measure of last resort. There should be a clear presumption against the detention of children for immigration purposes. -
14 December 2012Book page
Freedom of Religion and Belief in the 21st Century - Discussion Paper (2008)
Submissions are invited on issues of Freedom of Religion and Belief in the 21st Century in Australia. In particular we are interested in your responses to any or all of the questions in the Discussion Paper, as well as any other issues of concern.