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Commission – General
14 December 2012SpeechPresident speeches: The Potential Role of National Human Rights Institutions in the Pacific
This paper advocates that National Human Rights Institutions (NHRIs) have a very valuable role to play in the Pacific, and that the promotion and protection of human rights in the Pacific would benefit immensely by Pacific nations each establishing a NHRI. -
Rights and Freedoms
26 September 2016SpeechHuman rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS GILLIAN TRIGGS [*] (Annual Tony Blackshield Lecture delivered at Macquarie Law School, Macquarie University, 5 November 2015) I 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. He is a constitutional law scholar of the ... -
Commission – General
14 December 2012Speech
President speeches: The influence of human rights on judicial decision-making
May I acknowledge the Gadigal people of the Eora nation, the traditional owners of the land upon which we meet, and pay my respect to their elders past and present. -
14 December 2012Book page
Native Title Report 2004 : Chapter 1 : The Consultations
During the 2004 reporting period I have embarked on a series of consultations focusing on the ideas and principles that were contained in a Discussion Paper, released by my predecessor as Social Justice Commissioner in June 2003. The Discussion Paper was entitled Promoting Economic and Social Development through Native Title (at Annexure 1). This chapter seeks to record and develop the ideas and discussions that were generated in the consultation process. 1 -
Legal
14 December 2012WebpageCommission Submission Amicus Curiae - Howe v Qantas
However, if appropriate, and with leave of the Court, the Commissioner reserves the right to make further submissions on legal matters which may arise during the hearing of this matter and after receipt of the respondent’s particularised points of defence. No submissions are to be made in relation to the evidentiary and factual matters that may arise for determination. -
Disability Rights
29 June 2015PublicationGuidelines for Providers of Insurance and Superannuation
The Commonwealth Disability Discrimination Act 1992 (the "DDA") aims, as far as possible, to promote the rights of people with a disability to participate equally in all areas of life. It does this by making it unlawful to discriminate against a person with a disability, subject to a number of exceptions intended to balance the rights of people with disabilities with those of other persons. The areas where discrimination is unlawful include insurance and superannuation. -
14 December 2012Book page
Native Title Report 2008 - Chapter 7
Over the millennia, Indigenous peoples have developed a close and unique connection with the lands and environments in which they live. They have established distinct systems of knowledge, innovation and practices relating to the uses and management of biological diversity on these lands and environments. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechThe End in the Beginning: Re(de)finding Aboriginality: Dodson (1994)
I don't care how hard it is. You build Aboriginality or you get nothing. There's no choice about it. If our Aboriginal people cannot change how it is among themselves, then the Aboriginal people will never climb back out of hell. 1 -
Aboriginal and Torres Strait Islander Social Justice
24 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. -
14 December 2012Book page
Native Title Report 2002: Extinguishment of Native Title
The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds to the specific issues raised by the recognition of native title, a proprietary interest which is inherent to a particular racial group. -
14 December 2012Book page
Native Title Report 2003 : Chapter 1
Australia is a wealthy nation. In 2003, Australia ranked fourth in the United Nations Human Development Index (1) indicating Australians enjoyed one of the highest qualities of life in the world. Overall, Australia ranks equal fourth with the highest life expectancy at birth (79.0 years) suggesting Australians are among the healthiest people in the world. (2) -
Legal
14 December 2012Webpage
Submission - REVIEW OF THE OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 (2006)
1. The Human Rights and Equal Opportunity Commission (HREOC) welcomes the opportunity to make this submission to the Department of Employment and Workplace Relations on the review of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act). -
15 July 2014Book page
Chapter 4: Human rights in practice – alcohol policy
4.1 Introduction Alcohol consumption, misuse and related harm are some of the most challenging issues confronting communities across the length and breadth of Australia. These challenges are not limited to Aboriginal and Torres Strait Islander communities, but confront every demographic in Australian cities and towns. From Kings Cross to Halls Creek, St Kilda to Santa Teresa – communities grapple ... -
Aboriginal and Torres Strait Islander Social Justice
2 August 2023Webpage
The history of Aboriginal and Torres Strait Islander peoples advocating for the right to be heard
There is a long history of First Nations people advocating for the right to representation and participation in decisions that affect them. The events listed are a selection of moments in history when Aboriginal and Torres Strait Islander peoples have taken action to call for large-scale change by Australian governments to realise their Indigenous rights, demonstrating the history leading to the Indigenous Voice to Parliament referendum. -
Legal
14 December 2012Webpage
Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012 (2012)
The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Committees in the Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012. -
17 February 2015Book page
Establishing effective pathways for positive change – an analysis by the Campaign Steering Committee
The need for a long-term approach and bipartisan support across the political divide [for addressing Aboriginal and Torres Strait Islander disadvantage] was stressed by those attending consultations across Australia and in the hundreds of written submissions to the review. First Australians and those working with them are rightly cynical about new government reform and how long it will last. The ... -
29 January 2013Book page
Appendix J – Examples of Best Practice from International Contexts
Introduction and Methodology As indicated in the body of the Report, the Review examined a range of international defence academies identified as bearing the greatest similarity to ADFA in terms of size, structure, or the wider contexts within which they functioned. [505] The Review conducted a broad ranging scan of Government and Defence Force inquiries, reports and evaluations; as well as an ... -
Rights and Freedoms
11 May 2016Speech
Human rights across the Tasman: a widening gulf
I am honoured to have been invited to give this lecture at the Law School of the University of Canterbury, funded by the generosity of the Sir Eric Hotung Fellowship. While I had settled the subject matter of this lecture, I thought it would be helpful to know what other Hotung Fellows had discussed in previous years. I looked at last year’s lecture and was pleased to see that Professor Morrison ... -
Legal
14 December 2012Webpage
Commission Submission - Maslauskas v Qld Nursing
If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’. The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to the circumstances set out in that subsection. -
Commission – General
14 December 2012Speech
Equality before the law
In the second century AD, Marcus Aurelius, a Roman emperor and Stoic philosopher, thanked one of his brothers for teaching him to value "the conception of the state with one law for all, based upon individual equality and freedom of speech, and of a sovereignty which prizes above all things the liberty of the subject."1