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Legal14 December 2012Webpage
Native title payments discussion paper – Optimising Benefits from Native Title Agreements
The Aboriginal and Torres Strait Islander Social Justice Commissioner has produced 15 Native Title Reports which include analyses and recommendations on the operation of the native title system and its effect on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples.[1] Particularly relevant is the Native Title Report 2003, which provides a detailed comparative analysis of the international context of Indigenous peoples and agreement-making, concerning their lands, waters and natural resources. -
Legal14 December 2012Webpage
Submission: Anti-Terrorism Bill (No 2) 2005
Recommendation 1: The Bill should be amended to include additional sub-clauses (in s105.4(4) and (6)), which require the issuing authority to be satisfied that the purpose for which the order is made cannot be achieved by a less restrictive means. -
Legal14 December 2012Webpage
Submission: MIGRATION AMENDMENT (DESIGNATED UNAUTHORISED ARRIVALS) BILL 2006
1.1 The Human Rights and Equal Opportunity Commission (‘The Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 (‘the Bill’). 1.2 The Commission welcomes the opportunity to make this submission and thanks the Committee for its invitation. -
14 December 2012Book page
HREOC Report No. 29
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into complaints made by Ms Susan Campbell that the human rights of her daughter were breached by the Commonwealth of Australia. I have found that acts or practices of the Commonwealth were inconsistent with or contrary to the human rights of Ms Campbell’s daughter as provided for in Article 3(1) and 19 of the Convention on the Rights of the Child. -
14 December 2012Book page
Native Title Report 2003 : Chapter 3 : An Evaluation of native title policies throughout Australia
State, Territory and Commonwealth native title policies (1) direct the way in which governments conduct negotiations with native title claimant groups and the scope and content of the agreements they make as a result of these negotiations. Such policies may influence whether negotiations will be confined to native title rights and interests as they are legally defined, or whether they address the broader economic and social development needs of the claimant group. -
Commission – General14 December 2012Speech
H R Law Masterclass: Federal Anti-discrimination Law in an Employment Context: recent developments, likely future directions and the lessons from the past
To some of you the role of The Human Rights and Equal Opportunity Commission (HREOC) in the industrial relations scene in Australia will be well known, others of you may be wondering why a representative of a human rights body would be speaking on this occasion. I propose therefore to briefly summarise HREOC's role in the administration of federal anti-discrimination law, including its complaint handling function, and to give some recent statistics. -
1 August 2014Book page
Chapter 5: The legal and policy framework
Learn about how Australia has entered international human rights obligations to stop pregnancy and return to work discrimination against women. -
Legal14 December 2012Webpage
Submission: Human Rights and Good Governance Education
The Human Rights and Equal Opportunity Commission (HREOC) which was established in 1986 by the Federal Parliament as successor to the 1981 Human Rights Commission is an independent statutory authority whose functions are to monitor, protect and promote human rights in Australia. The Commission has played a key role in the education of civil society in regard to these rights. -
14 December 2012Book page
Annual Report 2001-2002: Chapter 3
As a result of the enactment of the Human Rights Legislation Amendment Act (No. 1) 1999 (Cth) the jurisdiction of the Commission to conduct public inquiries into complaints was transferred on 13 April 2000 to the Federal Court and Federal Magistrates Service. However, the Commission retained the jurisdiction to complete those public inquiries it had commenced prior to 13 April 2000. During 2000–01, 32 of these matters were finalised. Of those: -
14 December 2012Book page
4 The use of wrist x-ray analysis
This chapter considers some of the Commonwealth’s practices regarding the use of wrist x-ray analysis as a means of assessing chronological age for the purposes of criminal prosecution. It highlights situations where the reliance on wrist x-rays as evidence of age was contrary to stated Australian Government policy; or where it contributed to individuals who were in fact children, or who are likely to have been children, spending long periods of time in detention, including in adult correctional facilities. -
14 December 2012Book page
Report of an inquiry: Mr Zacharias Manongga
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint by Mr Zacharias Manongga Consul for the Northern Territory, consul of the Republic of Indonesia that the human rights of Indonesian Fishers detained on vessels in Darwin Harbour were breached by the Commonwealth of Australia. -
Rights and Freedoms11 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 ... -
5 February 2015Book page
13 Continuing impacts on children once released
13.1 How are children faring once released? 13.2 Continuing impacts of detention on infants and preschoolers 13.3 Continuing impacts of detention on primary school aged children 13.4 Continuing impacts of detention on teenagers 13.5 Ongoing impacts of long term detention 13.6 Findings regarding the continuing impacts of detention Both my children are nervous. They were scared of everything in ... -
Commission – General14 December 2012Speech
"I'm the boss, so that's the way it is!"
I would like to begin by thanking the Australian Public Service Commission (APSC) for inviting me to address you today, and to thank you for your attendance. -
14 December 2012Book page
Section 8 - Protection from discrimination on the basis of sex and/or gender identity - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
The consultation was directly concerned with how protection from discrimination on the basis of sex and/or gender identity might be included in federal law. Section 6 above outlines what the consultation heard about the benefits of such protections. This part outlines: -
Legal14 December 2012Webpage
Submission: MIGRATION LITIGATION REFORM BILL 2005
The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Litigation Reform Bill 2005 (‘the Bill’). -
14 December 2012Book page
Native Title Report 2008 - Appendix 4
The following international instruments[1] have been placed in tables according to topic area. Note, however, that many of the instruments are relevant to several topic areas. Clauses marked * are relevant to Indigenous knowledge’s. -
14 December 2012Book page
Social Justice Report 2001: Chapter 4: Laws mandating minimum terms of imprisonment (‘mandatory sentencing’) and Indigenous people
On 13 April 2000, the Senate requested the Human Rights and Equal Opportunity Commission to inquire into all aspects of the agreement between the Northern Territory Government and the Commonwealth regarding the Territory’s mandatory sentencing regime; the consistency of mandatory sentencing regimes with Australia’s international human rights obligations; and Western Australia’s mandatory sentencing regime.[1] -
14 December 2012Book page
DIAC Response to the Australian Human Rights Commission’s 2009 Immigration Detention and Offshore Processing on Christmas Island Report
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (the Commission) report on Immigration detention and offshore processing on Christmas Island following its visit to Christmas Island in July 2009. -
Rights and Freedoms10 April 2013Publication
Homelessness is a Human Rights Issue
This paper explores the many ways that homelessness impacts on a person’s ability to enjoy basic rights and freedoms. It shows that homelessness is more than just a housing issue. Homelessness is about human rights. Homeless people are not merely objects of charity, seeking help and compassion – like all Australians, they are individuals entitled to the protection and promotion of their human rights. Since human rights belong to everyone, it is in the interests of the Australian community as a whole to ensure that the rights of homeless people are respected and protected.
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