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Legal14 December 2012Webpage
Commission submissions: Langer
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. -
Legal14 December 2012Webpage
Commission submissions: P v P
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's view should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Staff in the Social Policy and Advocacy Research Centre, and the Youth Studies Flagship at the Australian Catholic University welcome the Human Rights and Equal Opportunity Commission's initiative in establishing an inquiry into children in Australia's immigration detention centres. -
14 April 2015Book page
3 Native Title - Year in Review
3.1 Introduction 3.2 Key trends in native title over the last five years 3.3 Federal reviews of native title 3.4 Budget reforms 3.5 Reinstating legislation to amend the Native Title Act 3.6 Tax Laws Amendment Acts 2013 3.7 Native title developments in Queensland 3.8 South Australia 3.1 Introduction Section 209 of the Native Title Act 1993 (Cth) (Native Title Act) requires the Aboriginal and Torres ... -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The current mandatory detention policy of the Commonwealth of Australia breaches the fundamental principle of the rights of the child which is that children should be able to develop to their full potential. The policy breaches every article of the Convention on the Rights of the Child. The policy violates the right to health as established by international law. -
14 December 2012Book page
Native Title Report 2000: Appendix 1
(a) whether the finding of the Committee on the Elimination of Racial Discrimination (CERD Committee) that the Native Title Amendment Act 1998 is inconsistent with Australia's international legal obligations, in particular the Convention on the Elimination of all Forms of Racial Discrimination, is sustainable on the weight of informed opinion; -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased was in the psychiatric unit at Long Bay Prison. He approached a nurse on 25 July 1989 at 2.30pm and stated he was feeling ill. She gave him advice as to the illness and provided him with medication. He later approached another nurse and said he wanted to return to his cell. The nurse checked with a prison officer and he was taken to his cell at about 3.30pm. At 4.10pm he was discovered hanging in his cell. -
Aboriginal and Torres Strait Islander Social Justice21 November 2014Publication
Social Justice and Native Title Report 2014
One of my primary responsibilities is to report annually on the enjoyment and exercise of human rights by Aboriginal and Torres Strait Islander peoples. I also report annually on the operation of the Native Title Act 1993 (Cth) (the Native Title Act) and the effect of the Act on the exercise and enjoyment of human rights of Aboriginal and Torres Strait Islander peoples. In 2014, I have again combined the reporting requirements into the Social Justice and Native Title Report, which covers the period from 1 July 2013 to 30 June 2014. -
Legal14 December 2012Webpage
CERD Index
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. -
15 July 2014Book page
Chapter 3: How do we keep moving forward? A road map for our future
3.1 Introduction In chapters 1 and 2, I look back over the past 20 years that the Social Justice Commissioner position has been in place and think about the journey and our learning over this time. In this chapter, I want to explore how those lessons can take us forward to chart a confident course into the future and how the realisation of our rights can produce long term sustainable improvements ... -
Commission – General14 March 2024Speech
‘Bringing rights home—mapping an agenda on human rights in Australia
‘Bringing rights home—mapping an agenda on promoting, protecting and fulfilling human rights in Australia Michael Kirby Justice Oration 2021 Emeritus Professor Rosalind Croucher AM President, Australian Human Rights Commission The annual Kirby orations pay tribute to Michael Kirby’s commitment to social justice and human rights and his relationship as friend, colleague and mentor to Victoria ... -
Commission – General14 December 2012Speech
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I feel very honoured to have been invited to contribute to this symposium. As a theme for today's discussion, I have chosen the notions of regionalisation and responsibility within Asia and the Pacific. I believe that the ability to accept responsibility for our neighbourhood, and to generate cooperative regional dialogues and actions to fulfill that responsibility will be the key to meeting the challenges and opportunities human rights will face in the new century. -
14 December 2012Book page
Human Rights Brief No. 4
Many fundamental freedoms are guaranteed by international human rights law. They include the freedoms of expression, movement and choice of residence, peaceful assembly and association, and the freedom to manifest one's religion or belief. -
14 December 2012Book page
Native Title Report 2007: Overview
The year 2007 is the fortieth anniversary of the 1967 constitutional referendum. The referendum changed the Australian Constitution however it didn’t specify directions to be taken. In many ways, it could be said that the referendum represented promises to Indigenous Australians for new ways of enjoying human rights, and promises to other Australians that Indigenous citizens could expect a new and equal deal. -
Commission – General22 March 2024Speech
Women’s Club – Foundation Day Club Lunch
Emeritus Professor Rosalind Croucher AM Introduction Thank you Danielle Asciak, for inviting me here today. Let me begin by acknowledging the traditional custodians of the land on which we meet, the Gadigal people of the Eora Nation and pay my respect to Elders, past, present and emerging, and also to acknowledge any Indigenous guests attending today. I am sorry that as a nation we did not accept ... -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Although it is not possible to precisely specify all the circumstance that lead people to arrive in Australia through people smuggling routes, there can be no doubt that they undertake perilous journeys which put their lives and that of accompanying family members at risk. Given the very high rates of approval for those who have sought asylum in Australia through these routes, it is reasonable to assume that most detainees have fled their countries for reasons of persecution. -
14 December 2012Book page
Native Title Report 2007: Chapter 1
Native title is now well established in Australian law. The native title system was set up in 1994 under the Native Title Act 1993 (Cth) (the Native Title Act). It is for gaining recognition and protection of native title, and for resolving native title matters. It has been successfully used in many parts of the country. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 13
Superannuation is one of the main ways of saving for retirement. It is designed to provide financial security for individuals and their families in retirement; or when a person dies unexpectedly. -
14 December 2012Book page
Bringing them Home - Chapter 18
Indigenous mental health is finally on the national agenda. As participants in the National Mental Health Strategy, States and Territories acknowledge the importance of the issue. Some of the effects of removal including loss and grief, reduced parenting skills, child and youth behavioural problems and youth suicide are increasingly recognised. -
14 December 2012Book page
Sterilisation
This paper will highlight the findings of research examining Family Court and state Guardianship Tribunal's originating materials and written reports from 'experts' and family members. It includes all sterilisation cases involving minors that have proceeded to legal judgment in Australia between 1992-1998. The central assertion is that non-consensual sterilisation continues to be framed as a medical problem to be 'cured' for family and social reasons.