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For the purposes of this Act, a person (discriminator) discriminates against another person (aggrieved person) on the ground of a disability of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition:

This submission is prepared by Australia's national human rights institution, the Human Rights and Equal Opportunity Commission (HREOC). It provides information in relation to the Australian Government's combined 13th and 14th periodic report under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). All of the material contained in this document has previously been brought to the attention of the Australian government through a range of Commission publications and submissions.

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.

The English superior courts have taken the view that their inherent parens patriae powers, which include making the child a ward of the court, are invoked where the child has British nationality or is ordinarily resident in the jurisdiction: Nugent -v- Vetzera [1866] L.R. 704, at p.714; McKee -v- McKee [1951] AC 352, at p.360; In re P (An Infant) [1965] 1 Ch 568, at pp. 584, 587, 588 and 590.

This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission (HREOC) of Australia. In recent years the Commissioner has undertaken many activities relating to the rights of Indigenous children. This submission provides an overview of law and justice issues relating to Indigenous children, with a focus on juvenile justice, diversionary programs, public order laws, mandatory sentencing schemes as well as Indigenous community justice mechanisms and partnership agreements in Australia.

1. An appeal lies to the Federal Court from "a judgment or order of a prescribed court exercising jurisdiction ~der" section 383 of the Commonwealth Electoral Act 1918 ("the Electoral Act'): sections. 383(9). A prescribed court is defined in sub-section 383(11) to include the Supreme Court of Victoria.

I refer to the letter to me of 23 December 2004 from Mr John Feneley, Acting Director General of the Attorney-General's Department in which he invites me to make a submission to the Attorney-General's review of the Terrorism (Police Powers) Act 2002 (NSW) ( the Act). The letter advises that the review is being conducted pursuant to s 36 of the Act which requires a 12 monthly review of the Act. The Minister is to review the Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.