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14 December 2012Book page
Native Title Report 2000: Chapter 4: Indigenous heritage
The recognition of native title by the High Court in 1992 was a significant development in the legal apparatus for protecting Indigenous culture. Under the concept of native title it is possible that sacred and significant sites and objects might be protected, not within the historical category of Aboriginal heritage, but as matters valued in contemporary Indigenous culture with current significance to a people whose culture is ongoing. In addition, under native title such protection could be provided, not as an act of beneficence by government, but as a matter of legal right. -
Disability Rights
14 December 2012SpeechSpeech - My body, my health, my decision (2012)
Both men acquired their disabilities 20 years ago. Neither of them work, nor do they have daily activities, or relationships with people outside their family. -
Commission – General
14 December 2012SpeechSite navigation
This session focuses primarily on relationships between National Human Rights Institutions (NHRI’s) and the Judiciary, but as well touches on their relationship with officers of the executive government such as the Attorney-General. One of the stated aims of this session is to assess how the independent institutions of the judiciary and NHRI’s can mutually and independently strengthen national protection systems for human rights. -
Rights and Freedoms
14 December 2012SpeechCan rights solve the issue of homelessness?
Homelessness has, I'm sure, been on your agendas for many years. More recently, both Parity and the Rudd federal government (if I can put you both in the same league) has given it a much increased focus. Today, I want to identify the many human rights issues raised in the context of homelessness, and suggest how a human rights framework would help address what is an ever-increasing problem in our society. -
Commission – General
14 December 2012Speech
President speeches: The influence of human rights on judicial decision-making
May I acknowledge the Gadigal people of the Eora nation, the traditional owners of the land upon which we meet, and pay my respect to their elders past and present. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Opinion pieceNative title reform could go closer to fulfilling Mabo's legacy (2012)
The following opinion pieces have been published by the President and Commissioners. Reproduction of the opinion pieces must include reference to where the opinion piece was originally published. -
Legal
14 December 2012WebpageInquest into the death of Mr Ward (2009)
the provisions of an international convention to which Australia is a party can also serve as an indication of the value placed by Australia on the rights provided for in the convention and, therefore, as indicative of contemporary values.[7] -
Rights and Freedoms
14 December 2012Speech
“Child Migrants and Human Rights in our Time”: Dr Sev Ozdowski OAM (2005)
I should add, at this point, that my work over the past few years and my inquiry on children in immigration detention (CIDI), in Australia, the report of which "A last resort?" was tabled in the Australian Federal parliament in May of 2004, has made me even more keenly aware of the fragility of child asylum seekers. But more on that later! -
Rights and Freedoms
14 December 2012Speech
THE CLASH OF CIVILISATIONS: Dr Sev Ozdowski OAM (2003)
"....the fundamental conflict in the next millennium will not be primarily ideological or primarily economic. The great divisions among humankind and the dominating source of conflict will be cultural"... -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Speech
Native Title and the Treaty Dialogue
It is very fitting that we discuss native title in the context of a treaty just one month after a very significant native title decision, the Miriuwung Gajerrong decision [1], has been handed down by the High Court. 406 pages of honed legal reasoning cut through almost the entire history of non-Indigenous land law in Western Australia to decide the final shape that native title would take for the Miriuwung Gajerrong people. -
Legal
14 December 2012Webpage
Review of Counter-Terrorism and National Security Legislation
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. -
Commission – General
14 December 2012Speech
Federal Anti-discrimination Law - 2004
In May last year I stepped down from my position as a Judge of the Federal Court to accept the role as President of HREOC. It has been a time of new challenges, such as the need to balance the legislative and administrative responsibilities that the Commission has been given by the federal government, with the important role of advocating for the rights of those on the margins of Australian society. -
Disability Rights
14 December 2012Speech
Pathways to Employment
Thanks for the opportunity to speak to this conference today. You are embarking on this topic, in my view, at just the right time. Unemployment is the lowest it has been for over a decade. Our economy is strong and needing more employees, and our population is ageing, reducing the relative size of the workforce. In coming years, there will be fewer of us to support more of us, so as many people as possible need to be working and paying taxes rather than receiving welfare benefits. What better time to introduce employees with disabilities in larger numbers. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Speech
Who’s driving the agenda?
I begin by paying my respects to the Wurundjeri people of the Kulin Nation, the traditional owners of the land where we meet today, and I pay my respects to your elders, to your ancestors and to those who have come before us. -
14 December 2012Book page
Indigenous Deaths in Custody: Part D - Implementing the Recommendations
We are deeply dissatisfied with the performance to date by various government agencies... there does not appear to be any process beyond monitoring to ensure that effective implementation takes place... -
14 December 2012Book page
Community arrangements -asylum seekers, refugees and stateless persons
This year marks the twentieth anniversary of Australia’s introduction of mandatory immigration detention and the eighteenth anniversary of the system of mandatory, indefinite immigration detention. In the current context, it is apt to recall that mandatory detention was introduced in reaction to the arrival of asylum seekers by boat, with concerns about a potential ‘influx’ spurring bipartisan support for increasingly tough measures on persons who arrived in Australia without a visa.[8] -
Legal
14 December 2012Webpage
Commission submission: IVF
(a) whether section 8 of the Infertility Treatment Act 1995 (Vic) ('ITA') is inconsistent, in terms of section 109 of the Constitution, with section 22(1) of the Sex Discrimination Act 1984 (Cth) ('SD Act'); and -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased had been arrested for driving under the influence of alcohol and for driving while disqualified. He was placed in what the Coroner described as an enclosed cell, in which occupant vision is impossible, at around 3.00am and told he would remain there for a period of four hours. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Speech
Norman Fry Speech in Darwin 2001
Social Justice Commissioner Dr William Jonas… Minister John Ah Kit…Commissioner Hill …Professor Bin Salik … Ladies and Gentlemen… Good evening. -
14 December 2012Book page
Native Title Report 2002: Extinguishment of Native Title
The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds to the specific issues raised by the recognition of native title, a proprietary interest which is inherent to a particular racial group.