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Legal14 December 2012Webpage
Commission submission - Child's Right to be Heard
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's views should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child. -
5 February 2015Book page
10 Unaccompanied children in detention
10.1 Impact of detention on emotional and mental wellbeing 10.2 Self-harm by unaccompanied children 10.3 Pontville Detention Centre 10.4 Forcible transfer of children to Bravo Compound at Christmas Island 10.5 Guardianship and welfare 10.6 Findings specific to unaccompanied children I feel like I’m in jail, no one here to help us. It’s just me and God. (17 year old unaccompanied child, Christmas ... -
Legal14 December 2012Webpage
Commission Submission - Access for All Alliance v Hervey Bay City Council
1. The present application does not specify the sections of the Disability Discrimination Act 1992 (Cth) (‘the DDA’) relied upon in making out the claim of unlawful discrimination. The Acting Disability Discrimination Commissioner (‘the Commissioner’) makes these general submissions on the assumption that the applicant characterises the alleged discrimination as indirect discrimination (as defined by s 6) in the manner in which access to premises is provided by the respondent (as made unlawful by s 23). -
Legal18 May 2015Submission
Submission to Inquiry into the responsibilities of the Commonwealth Government in connection with the management and operation of the Regional Processing Centre in Nauru
27 April 2015 PO Box 6100 Parliament House Australia ACT 2600 By email: regionalprocessingnauru.sen@aph.gov.au Dear Chair, Inquiry into the responsibilities of the Commonwealth Government in connection with the management and operation of the Regional Processing Centre in Nauru The Commission has held long-standing concerns regarding the transfer to and detention of asylum seekers in Nauru. The ... -
14 December 2012Book page
Towards Accessible Telecommunications for People with Disabilities
5.1 Europe and the UK 5.2 United States 5.2.1 Americans with Disabilities Act 5.2.2 Section 255 of the Telecommunications Act 5.2.3 Section 508 of the Rehabilitation Act 5.3 World Summit on the Information Society -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Launch of the 2011 Social Justice and Native Title Reports (2011)
It is with respect and gratitude that I acknowledge that we sit today on the lands of the Gadigal peoples of the Eora nation. Thank you to Michael West for your generous welcome to country on behalf of the Gadigal people. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
The Integration of Customary Law into the Australian legal system
Good afternoon, I’d like to begin by acknowledging the Noongar people, the traditional owners and custodians of the land where we are gathered today, and pay my respects to their elders. I’d also like to acknowledge my distinguished fellow speakers. My presentation today is focused on customary law. I will refer to Aboriginal customary law, though the points that I will make are equally relevant to Torres Strait Islanders and to their distinct systems of law and governance. -
14 December 2012Book page
Indigenous Deaths in Custody: Chapter 8 Custodial Conditions
8.1 The profiles indicate a growing awareness by custodial and medical staff of issues concerning the proper treatment of both Indigenous and non-Indigenous prisoners. However, implementation of the recommendations is uneven. Some recommendations have not been implemented in any jurisdiction. -
14 December 2012Book page
A Community Guide to the 2009 Social Justice and Native Title Reports
In my role as Aboriginal and Torres Strait Islander Social Justice Commissioner, I produce two annual reports on Aboriginal and Torres Strait Islander peoples’ human rights issues – the Social Justice Report and the Native Title Report. -
Commission – General14 December 2012Speech
President Speech: Flinders University Law School Prize Giving Ceremony 2010
I am honoured to have been invited to address you this evening on this beautiful campus of the Flinders University of South Australia. Let me begin my address by recalling that, long before the establishment of this prestigious place of learning in the European tradition, there was learning of another tradition here; the learning of the Kaurna people of the Adelaide Plains.I would like to acknowledge the Kaurna people, the traditional owners of the land on which we meet, and pay my respect to their elders, past and present. -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - Vickers v Ambulance Service NSW
These submissions are filed on behalf of the Acting Disability Discrimination Commissioner ('the Commissioner') in the event that leave is granted by the Court for the Commissioner to appear as amicus curiae in these proceedings pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOC Act'). Such leave was sought by the Commissioner by way of Notice of Motion and affidavit affirmed by the Commissioner on 16 June 2006 and filed on the same date. -
Legal14 December 2012Speech
Law Seminar 2008: Housing and Homelessness – What’s Human Rights got to do with It? by Cassandra Goldie
Paper presented at the Homelessness and Human Rights Seminar Australian Human Rights and Equal Opportunity Commission 12.30 – 2pm, Monday 7 April 2008 133 Castlereagh Street, Sydney, NSW -
Rights and Freedoms14 December 2012Speech
Lawasia Conference
In the contemporary world, and particularly amongst developed economies, many of us believed that the culture of civil liberties, freedoms and non-discrimination are reasonably well established and these precepts have clear links to innovation, creativity and the broader concepts of economic productivity and a well functioning civil society. Indeed, I believe that many of us had come to accept and expect this to be the situation, and that conferences like the one we attend here today could be built on this very premise. -
29 January 2015Book page
1 Introduction
1.1 A snapshot of children in detention 1.2 Australian law and the detention of children 1.3 Does the Government owe a duty of care to children in detention? 1.4 International law and the detention of children My hope finished now. I don’t have any hope. I feel I will die in detention . (Unaccompanied 17 year old, Phosphate Hill Detention Centre, Christmas Island, 4 March 2014) Drawing by primary ... -
Legal14 December 2012Webpage
Submissions - Yorta Yorta
1. By Notice of Motion filed 1 May 2002, the Human Rights and Equal Opportunity Commission ("the Commission") seeks leave to intervene at the hearing of the appeal pursuant to para 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 and para 20(1)(e) of the Racial Discrimination Act 1975 ("RDA"). -
14 December 2012Book page
Bringing them Home - Chapter 11
Actually what you see in a lot of us is the shell, and I believe as an Aboriginal person that everything is inside of me to heal me if I know how to use it, if I know how to maintain it, if I know how to bring out and use it. But sometimes the past is just too hard to look at. Confidential evidence 284, South Australia. -
14 December 2012Book page
HRC Report No.11
This is a report to the Attorney-General on inquiries made by the Human Rights and Equal Opportunity Commission into a complaint made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the Act) of discrimination in employment on the ground of age. The complaint was made by Ms Akiko Ishikuni against the Japan Travel Bureau (Australia) (JTB). -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Native Title and Service Delivery
My presentation today will focus on the content of my Native Title Report 2005. I will outline the debates about economic development on Indigenous land - the possibilities and the challenges. At the conclusion of this presentation I will provide some challenge statements about the responsibilities of service deliverers on Indigenous land. -
Legal14 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
Social Justice Report 2001: Chapter 6: Reconciliation – National progress one year on
In its final recommendations, the Council for Aboriginal Reconciliation proposed that there be a legislative requirement for the Social Justice Commissioner to monitor progress towards reconciliation on an annual basis. In the Social Justice Report 2000 it was noted that while legislative amendment to this end was desirable, this task could be undertaken under my existing functions. Accordingly, I undertook to provide an annual evaluation of progress towards reconciliation as part of the social justice report.