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14 December 2012Book page
Native Title Report 2007: Chapter 5
Good functioning of prescribed bodies corporate (PBC)2 is essential to native title. Recognition of native title rights only goes part of the way to redress the historical injustice of land dispossession. Without appropriate means to make decisions about land, the existence of native title makes minimal appreciable difference to Indigenous people. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Australian Psychological Society categorically condemns the practice of detaining child asylum seekers and their families, on the grounds that it is not commensurate with psychological best practice concerning children’s development and mental health and wellbeing. Detention of children in this fashion is also arguably a violation of the UN Convention on the Rights of the Child. -
15 July 2014Book page
Chapter 2: Looking back on 20 years of native title and the Social Justice Commissioner role
2.1 Introduction [1] Successive Aboriginal and Torres Strait Islander Social Justice Commissioners (Social Justice Commissioners) have always shown constant leadership and advocacy in reporting on Aboriginal and Torres Strait Islander peoples’ rights to our lands and waters in the 19 Native Title Reports written between 1994 and 2012. [2] These Reports consistently show that social justice is ... -
15 July 2014Book page
Executive Summary
It is with great pleasure that I present my fourth Social Justice and Native Title Report 2013 (the Report) as the Aboriginal and Torres Strait Islander Social Justice Commissioner. One of my primary responsibilities is to report annually on the enjoyment and exercise of human rights by Aboriginal and Torres Strait Islander peoples, and to make recommendations on the action that should be taken to ... -
14 December 2012Book page
Bringing them Home - Chapter 15
Nunga baby taken away `Where's my mama' hear him say `You takin' me to Goonyaland?' Carried and fed by white man's hand Growing up different Never knowing Aunts and uncles, cousins growing Mama cries - Government pays Children lost to city ways -
14 December 2012Book page
Native Title Report 2009: Chapter 3
In my previous two Native Title Reports, I have strongly argued the need to reform the native title system. Stakeholders from all sectors engaged in the native title system have also stressed the need for the Government to take significant steps to ensure that the system meets the original objectives set out in the preamble to the Native Title Act 1993 (Cth) (Native Title Act). -
14 December 2012Book page
Bringing them Home - Bibliography
Aboriginal and Torres Strait Islander Overview Committee (Queensland), 1996: First Report (Department of Families, Youth and Community Care, Brisbane). -
Disability Rights14 December 2012Webpage
Submission to Senate Inquiry on Mental Health
The Commission commends the Senate for the decision to establish this inquiry on mental health services in Australia . It is, however, a cause for concern in itself that yet another inquiry in this area has been found to be necessary. -
14 December 2012Book page
Native Title Report 2007: Chapter 3
It is crucial to the functioning of the native title system that there are organisations representing Indigenous people and assisting them to gain recognition and protection of native title. -
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. -
14 December 2012Book page
Bringing them Home - Appendix 6
The Protector of Aborigines made the legal guardian of every `aboriginal and half-caste child' whose parents are dead or unknown, or one of whom agrees, until the age of 21. Any two Justices, with the consent of the Governor and one of the parents, may apprentice `any half-caste or other aboriginal child having obtained a suitable age' until the age of 21 provided that `due and reasonable provision is made for the maintenance, clothing and humane treatment of any apprentice.' -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission draws substantially on research papers by Eileen Pittaway and Linda Bartolomei which are currently pending publication. The content of this submission may not be reproduced or quoted without the written permission of these authors. -
14 December 2012Book page
Native Title Report 2002: Summary of the Validation & Confirmation of Extinguishment Provisions in the NTA
In the High Court’s formulation of native title in Mabo (No 2), [1] delivered on 3 June 1992, it was made clear that in the past, governments could validly grant interests in land that would extinguish native title. These grants could be made without payment of compensation to native title holders. [2] At least that was as far as the common law was concerned. The Court did not need to consider the effect of the Racial Discrimination Act 1975 (Cwlth) (‘RDA’) on laws and grants after the RDA came into force on 31 October 1975. -
14 December 2012Book page
Bringing them Home - Chapter 21
Indigenous children throughout Australia remain very significantly over-represented `in care' and in contact with welfare authorities. Their over-representation increases as the intervention becomes more coercive, with the greatest over-representation being in out-of-home care. Indigenous children appear to be particularly over-represented in long-term foster care arrangements. A high percentage of Indigenous children in long-term foster care live with non-Indigenous carers. -
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. -
14 December 2012Book page
Psychological Well Being of Child and Adolescent Refugee and Asylum Seekers
This paper outlines major international research findings of the past ten years reflecting knowledge gathered about the psychological health of child and adolescent refugee/asylum seekers. In doing so, several key areas of consistency are identified. First, with the majority of research in this area centered on the prevalence of psychopathology, and particularly post-traumatic stress symptoms, it has been clearly demonstrated that refugee children and adolescents are vulnerable to the effects of pre-migration, most notably exposure to trauma. -
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 ... -
Disability Rights14 December 2012Speech
Mental Health Council of Australia Annual Board Dinner
I also acknowledge Keith Wilson, President of the Mental Health Council of Australia; Chief Executive Officer Dr Grace Groom; and others here who have profound knowledge of mental health issues as family members and carers, as professionals, and as people directly affected by mental illness. -
15 July 2014Book page
Chapter 1: How far have we come? Looking back on 20 years of the Social Justice Commissioner role
1.1 Introduction This year marks 20 years since the establishment of the Aboriginal and Torres Strait Islander Social Justice Commissioner (Social Justice Commissioner) role under the Australian Human Rights Commission Act 1986 (Cth). When I first started in this position I was asked if any of the previous Commissioners had left any words or notes of advice. I answered them ‘no, but they all left ... -
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.
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