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14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
That the death occured as a result of cardiorespiratory failure as a result of pneumonia from the aspiration of fluids in the chest cavity following brain damage. The deceased was found to have contributed to his death by his excessive intake of alcohol and his neglect of his own nourishment. The attending doctor at the hospital and the police forensic surgeon were also found to have acted unreasonably in relation to the transfer of the deceased from the Gippsland Base Hospital to the Sale Police Station. -
Legal14 December 2012Webpage
Catholic Education Office - Application for Exemption
By this instrument, the Human Rights and Equal Opportunity Commission (the "Commission") declines to grant to the Catholic Education Office, Archdiocese of Sydney (the "CEO") a temporary exemption pursuant to section 44(1) of the Sex Discrimination Act (Cth) 1984 (the "Act"), in relation to the operation of sections 21(2)(a) and 22(1) of the Act. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 2: The Age Discrimination Act
The ADA commenced operation on 22 June 2004. At the date of publication there has been no decided case of unlawful age discrimination under the ADA. This chapter sets out the background to the legislation and its significant features as well as highlighting some similarities and differences with other federal unlawful discrimination laws that may be relevant to its interpretation and application.1 -
14 December 2012Book page
HREOC Report No. 35
Pursuant to section 11(1)(f) and 20(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint against the Commonwealth of Australia (Department of Immigration and Multicultural Affairs) and GSL (Australia) Pty Ltd. I have found that acts done on behalf of the Commonwealth were contrary to the human rights of the complainant as provided for in articles 7 and 10 of the International Covenant on Civil and Political Rights. -
14 December 2012Book page
Social Justice Report 2001: Chapter 2: Mutual obligation, welfare reform and Indigenous participation: a human rights perspective
In recent years a mutual obligation approach has been adopted to reform public policy on welfare and employment issues. There has been much discussion about the applicability of this approach within an Indigenous policy context. It is seen by many as consistent with Indigenous cultural values such as reciprocity and an emphasis on community, as well as suggesting an antidote to the damage caused by intergenerational poverty, of which long-term welfare dependency and a crippling short-term local cash economy are often features. -
Sex Discrimination10 August 2023Project
The Positive Duty under the Sex Discrimination Act
The Commission has developed resources to help organisations and businesses understand their new legal responsibilities under the Sex Discrimination Act. -
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. -
14 December 2012Book page
Section 12 - Other actions that could be taken by the Australian Government to protect LGBTI people in Australia - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
The consultation received a number of suggestions about other ways in which the Australian Government could protect the human rights of LGBTI people in Australia. Many participants argued that while anti-discrimination legislation is an important step towards equality, it is essential that it is accompanied by other actions. Suggestions were often informed by personal experiences of discrimination. -
Legal14 December 2012Webpage
submission to the Parliamentary Joint Committee on Intelligence and Security
The Human Rights and Equal Opportunity Commission (HREOC) makes this submission to the Parliamentary Joint Committee on Intelligence and Security review of the power to proscribe organisations as terrorist organisations (the PJCIS Review). -
Rights and Freedoms14 December 2012Speech
USING THE LAW TO MAKE A DIFFERENCE Graeme Innes AM (2007)
Scarlett Finney was only six when she saw the brochures for the Hills Grammar School, set in park-like grounds in Sydney's outer suburbs. She indicated her keenness to attend "the school in the bush". Her parents were prepared to pay the fees, and saw the setting and curriculum as providing her with a great education. But the school refused her enrolment due to the fact that she had spina bifida, and sometimes used a wheelchair [1]. -
14 December 2012Book page
Valuing Parenthood - Part A
2.1 Introduction 2.2 Women, work and children in Australia 2.3 Existing maternity leave arrangements 2.4 Government payments to parents 2.5 Lack of statistical information -
Legal14 December 2012Webpage
Submission: Australia's Future Tax System (Retirement Income System) (2009)
The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the Review Panel on Australia’s future tax system (‘the Review’). The submission specifically addresses Australia’s retirement income system. -
Disability Rights14 December 2012Speech
Disability discrimination legislation and its implementation (1997)
When I was invited to prepare this paper, Andrew Byrnes encouraged me to concentrate on drawing out strategic thoughts from the Australian experience which might be relevant in Hong Kong , and perhaps in other countries also. That is what I hope to do, rather than spending much time simply reciting that experience or the terms of Australia 's legislation. -
14 December 2012Book page
Annual Report 2001-2002: Chapter 4
The 2000 Social Justice Report is the second by Dr Jonas. It tabled in both houses of the federal Parliament on 28 March 2001. The theme of the report is reconciliation and human rights. -
14 December 2012Book page
HREOC REPORT NO. 39: Complaint by Mr Huong Nguyen and Mr Austin Okoye
I attach a report of my inquiry into complaints by Mr Huong Hai Nguyen and Mr Austin Okoye against the Commonwealth of Australia and GSL (Australia) Pty Ltd, pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth). -
Legal14 December 2012Webpage
Commission submission: IVF
(a) whether section 8 of the Infertility Treatment Act 1995 (Vic) ('ITA') is inconsistent, in terms of section 109 of the Constitution, with section 22(1) of the Sex Discrimination Act 1984 (Cth) ('SD Act'); and -
Disability Rights29 June 2015Publication
Guidelines 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
The Right to a Discrimination-Free Workplace
The prohibition on discrimination in employment is a relatively recent, but now well-established, feature of the Australian legal environment. Laws prohibiting discrimination in the workplace in Australia date back to 1966 when South Australia introduced the Prohibition of Discrimination Act 1966 (SA), to prohibit discrimination on the grounds of race in aspects of employment and in the provision of goods and services.[1] -
14 December 2012Book page
Native Title Report 2009: Chapter 1
The reporting period for this Report is 1 July 2008 to 30 June 2009. Throughout this period, there was significantly more activity in native title law and policy than I witnessed in the first five years of my term as the Aboriginal and Torres Strait Islander Social Justice Commissioner. -
14 December 2012Book page
Chapter 2 – An Aboriginal and Torres Strait Islander human rights protection framework for the 21st century: Social Justice Report 2008
All Australians are equally entitled to enjoy the rights, benefits and responsibilities of citizenship. In our society, every person should feel free from discrimination of any kind and have the right to share in the nation's land, resources and wealth. The entitlements and freedoms of all people are recognised in human rights instruments, many of which have been freely signed and ratified by Australia, and in some instances are now a part of Australian law.