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Commission – General14 December 2012Speech
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In just one week the nations of the world will celebrate the 50th Anniversary of the Universal Declaration of Human Rights. It is an historic occasion. The last 50 years has seen significant progress in the recognition and protection of human rights, both at an international level and within the borders of sovereign states. -
14 December 2012Book page
Native Title Report 2006: Appendix 3: Recommendations and relevant international human rights law
At the international level there are three broad categories of obligation to which a state may be subject: treaty law, customary international law and emerging international standards. Treaty obligations become binding on states once they have ratified a treaty. This means that the state allows itself to be bound by the conditions and obligations contained within the treaty. Customary international law is enshrined in continuous practice by a majority of states over an extended period of time. -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
Legal14 December 2012Webpage
Review Of The Claims Resolution Process In The Native Title System - Submission (2006)
The Aboriginal and Torres Strait Islander Social Justice Commissioner under section 209 of the Native Title Act 1993 (NTA), is required to report annually to the Commonwealth Attorney-General on the operation of the NTA and its effect on the human rights of Aboriginal and Torres Strait Islander peoples. As part of this role, the Commissioner also provides submissions to government reviews and inquiries in relation to the operation and effectiveness of the native title system. -
Legal14 December 2012Webpage
Inquiry into the Criminal Cases Review Commission Bill 2010
The Australian Human Rights Commission (the Commission) welcomes the opportunity to make a submission to the Legislative Review Committee of South Australia in its Inquiry into the Criminal Cases Review Commission Bill 2010. -
Legal14 December 2012Webpage
INQUEST INTO THE DEATH OF SCOTT SIMPSON
1.2 These written submissions are made by the Human Rights and Equal Opportunity Commission (‘the Commission’) pursuant to its functions relating to human rights under section 11(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’).[1] In these submissions, the Commission sets out the human rights issues surrounding the incarceration and death of Mr Simpson, including principally the treatment of mentally ill people within the criminal justice system. -
14 December 2012Book page
Chapter 1: Towards a reconciled Australia: An agenda of hope - Social Justice Report 2010
I could tell you of heartbreak, hatred blind I could tell of crimes that shame mankind Of brutal wrongs and deeds malign Of rape and murder son of mine -
Legal14 December 2012Webpage
Expert seminar on Indigenous Peoples - Issue 3: Recognising Aboriginal customary law and developments in community justice mechanisms (2003)
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. It provides an overview of recent developments relating to: -
Legal14 December 2012Webpage
Commission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need for an effective remedy is a need of non-citizens affected by decisions made under the Migration Act 1958 (Cth) ("the Act"). -
Disability Rights14 December 2012Speech
Is the placement of young people with high support needs in nursing homes a breach of their human rights?
Allow me to commence by acknowledging the traditional owners of the land on which we meet today, and by so doing remind ourselves that Australia's cultural traditions stretch back many thousands of years. I acknowledge also people with disabilities here together with advocates and other conference participants. -
14 December 2012Book page
Social Justice Report 2000: Chapter 5: Reparations
The Senate Legal and Constitutional References Committee conducted an inquiry this year into the federal government's implementation of recommendations made by the Human Rights and Equal Opportunity Commission in Bringing them home. The inquiry considered proposals for the establishment of an alternative dispute resolution tribunal for members of the stolen generations; and considered the consistency of the government's response to the recommendations with the reconciliation process and the aspirations and needs of members of the stolen generations. -
Legal26 February 2016Submission
Submission to Inquiry into the Regulatory and Legislative Aspects of Surrogacy Arrangements (2016)
Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Surrogacy and human rights 4.1 What is surrogacy? 4.2 Human rights issues in surrogacy arrangements 5 Current regulation of domestic surrogacy in Australia 6 Options for future domestic regulation: increase consistency and certainty domestically 6.1 Previous attempts at national consistency 6.2 Identifying people willing to enter into ... -
Disability Rights14 December 2012Speech
Opening the door to the employment of more people with disabilities
Allow me to begin by acknowledging the traditional owners of the land on which we meet, the Bidjigal clan of the Eora people. I also acknowledge Bryan Woodford, ACROD President; Ken Baker, ACROD Chief Executive, my fellow speakers and participants. -
Disability Rights14 December 2012Speech
The Disability Discrimination Act and the rights of people with disabilities
I recently returned from attending a United Nations meeting, where work is progressing on the development of an International Convention on the Rights of People with Disabilities. -
Aboriginal and Torres Strait Islander Social Justice18 March 2013Speech
Standing Firm for Change: A Journey to Justice
Barriers to Accessing Justice: Lateral Violence Mick Gooda Aboriginal and Torres Strait Islander Social Justice Commissioner Australian Human Rights Commission Jasper Hotel Melbourne Thursday 22 November 2012 Acknowledgements I would like to begin by acknowledging that we sit on the lands of the Wurrundjeri Peoples. I pay my respects to their Elders past and present. My people are the Gangulu from ... -
14 December 2012Book page
Native Title Report 2002: Recognition of native title
Native title is an intersection of two different legal systems and cultures. The way in which Australia chooses to give recognition to the relationship that Indigenous people have with their land, and the range of options it considers to express that relationship, are matters that affect the human rights of Indigenous people. -
Legal14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ( Commission') was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, His Honour Justice Carr directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to in the application, no later than 14 days prior to the hearing. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 6: Procedure and Evidence
Part IIB of the HREOC Act sets out the provisions governing the procedure for federal unlawful discrimination matters.1 That procedure can be summarised as follows: -
Aboriginal and Torres Strait Islander Social Justice8 July 2014Speech
Quandamooka Yoolooburrabee Aboriginal Council 3rd Year Celebrations
Friends, today marks the three year anniversary of when the western system, through the Federal Court, recognised the Quandamooka system by acknowledging you as the owners of this land. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
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I’d like to acknowledge the traditional owners of this country and pay my respect to Elders past and present. I’d like also to acknowledge my fellow panel members and thank Richard for inviting me to speak tonight.