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Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 8: Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the FMC and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) and the Federal Magistrates Act 1999 (Cth).1 -
Legal14 December 2012Webpage
Submission: Anti-Terrorism Bill (No. 2) 2004
1. The Human Rights and Equal Opportunity Commission ('the Commission') is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth). It is Australia's national human rights institution. -
LGBTIQ+14 December 2012Webpage
Marriage Equality (2012)
The Australian Human Rights Commission considers that the fundamental human rights principle of equality means that civil marriage should be available, without discrimination, to all couples, regardless of sex, sexual orientation or gender identity. The Commonwealth Parliament, and some state parliaments are now considering legislation that would provide all couples with the same access to civil marriage that is currently confined to opposite-sex couples. This paper considers how the human rights principle of equality underpins legislative recognition of marriage equality. -
Disability Rights14 December 2012Speech
Hot Topics
Can I also acknowledge Blake Dawson Waldron lawyers for providing the venue and facilities, and the NSW Disability Discrimination Legal Service for their initiative in organising this forum. -
Legal14 December 2012Webpage
Workplace Relations Amendment (WorkChoices) Bill 2005
Mr John Carter, Secretary Senate Employment, Workplace Relations and Education Committee Department of the Senate Parliament House Canberra ACT 2600 By email: eet.sen@aph.gov.au -
14 December 2012Book page
Native Title Report 2000: Chapter 5: Implementing the amendments to the Native Title Act
In 1999 and 2000 the Committee on the Elimination of Racial Discrimination (the CERD Committee) and the Human Rights Committee (HRC) of the United Nations both criticised the 1998 amendments to the Native Title Act 1993 (the NTA) as limiting the rights of Indigenous people.(1) The committees found that the amendments were discriminatory and recommended that Australia either suspend implementation of the 1998 amendments (2) or amend the NTA anew.(3) No action has since been taken to lessen the discriminatory impact of the 1998 amendments and the true extent of the diminution of native title par -
Legal14 December 2012Webpage
Comments by the Australian Human Rights Commission to the United Nations Human Rights Committee on issues relevant to Australia’s fifth periodic report under the ICCPR (2008)
The Australian Human Rights and Commission (the Commission) provides these comments to the United Nations Human Rights Committee (the Committee) in response to the Committee’s request for information relevant to Australia’s fifth periodic report under the International Covenant on Civil and Political Rights (ICCPR).[1] -
14 December 2012Book page
Social Justice Report 1998 : Introduction: A Handful of Soil
The removal of the children from Wave Hill by MacRobertson Miller aircraft was accompanied by distressing scenes the like of which I wish never to experience again. The engines of the 'plane are not stopped at Wave Hill and the noise combined with the strangeness of an aircraft only accentuated the grief and fear of the children, resulting in near-hysteria in two of them. I am convinced that the news of my action at Wave Hill preceded me to other stations, resulting in the children being taken away prior to my arrival. -
Legal14 December 2012Webpage
Commission submissions: Mulrunji
The Human Rights and Equal Opportunity Commission ('the Commission') makes these submissions in relation to the comments that may be made by the Coroner in this matter. -
Legal14 December 2012Webpage
Web accessibility and Government 2.0 (2009)
The Australian Human Rights Commission (the Commission) makes this submission to the Government 2.0 Taskforce - Towards Government 2.0: An issues paper. -
14 December 2012Book page
Native Title Report 2008 - Chapter 5
Climate change has been regarded as a diabolical policy problem globally. The potential threat to the very existence of Indigenous peoples is compounded by legal and institutional barriers raise distinct challenges for our cultures, our lands and our resources.[1] More seriously, it poses a threat to the health, cultures and livelihoods of Indigenous peoples both here in Australia and around the world. -
14 December 2012Book page
Introduction - Social Justice Report 2010
It is with great pleasure that I present my first Social Justice Report (the Report) as the Aboriginal and Torres Strait Islander Social Justice Commissioner, having commenced my five-year term on 1 February 2010. -
14 December 2012Book page
Native Title Report 2011: Chapter 3: Giving effect to the Declaration
Indigenous peoples from all over the world have suffered the long-standing effects of colonisation. Consequently, we continue to struggle with the challenges that I have raised in this Report; particularly those that concern our identity, culture and access to and protection of our lands, territories and resources. -
Legal14 December 2012Webpage
Commission Submission - ON COMMON DIFFICULTIES FACING ABORIGINAL WITNESSES
The communication difficulties that may be faced by Aboriginal people in the legal system have long been recognised.1 In the Queensland context, these have been well documented by Dr Diana Eades 2 and the Criminal Justice Commission (CJC).3 These issues are also dealt with in detail in the Equal Treatment Benchbook of the Supreme Court of Queensland (‘the Queensland Benchbook’)4 and in Aboriginal English in the Courts: A Handbook, (‘The Queensland Handbook’) prepared by the Queensland Department of Justice and Attorney-General to assist judges and other members of the l -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
1. The provisions made by Australia to implement its international human rights obligations regarding child asylum seekers, including unaccompanied minors -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 4: Health and Nutrition
1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services. -
14 December 2012Book page
Valuing Parenthood - Part A
2.1 Introduction 2.2 Women, work and children in Australia 2.3 Existing maternity leave arrangements 2.4 Government payments to parents 2.5 Lack of statistical information -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 6
Employment is fundamental to the lives of Australian families. For many individuals, work is their major activity outside the home, and ensures their family’s financial security. -
14 December 2012Book page
Native Title Report 2008 - Chapter 1
In November 2007, Australia elected a new federal government. With the new government came new policies aimed at improving Aboriginal’s and Torres Strait Islander’s social and economic situation. In the new government’s National Platform and Constitution[1], the Australian Labor Party stated that it: -
Legal14 December 2012Webpage
HREOC Submission: Productivity Commission on the Inquiry into Paid Maternity, Paternity and Parental Leave
The Human Rights and Equal Opportunity Commission (HREOC) makes this submission to the Productivity Commission in its Inquiry into Paid Maternity, Paternity and Parental Leave (‘the Inquiry’).
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