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14 December 2012Book page
HREOCA: religious freedom
This is an information paper only. It is intended to provide general guidance. It is not a legally binding document and is not a substitute for independent legal advice. It is limited to the role and function of the Human Rights and Equal Opportunity Commission as contained in the legislation establishing the Commission. -
Legal14 December 2012Webpage
Commission Submission - Maslauskas v Qld Nursing
If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’. The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to the circumstances set out in that subsection. -
14 December 2012Book page
Section 8 - Protection from discrimination on the basis of sex and/or gender identity - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
The consultation was directly concerned with how protection from discrimination on the basis of sex and/or gender identity might be included in federal law. Section 6 above outlines what the consultation heard about the benefits of such protections. This part outlines: -
Legal14 December 2012Webpage
No. V 470 of 2002
1. The Human Rights and Equal Opportunity Commission (the 'Commission') files these written submissions pursuant to the orders entered on 13 September 2002. The Commission makes no submissions on the issue of whether the Minister should be granted leave to appeal from the judgment and orders of Merkel J. On the assumption that such leave is granted, the Commission's submissions address the proper construction of s.196 of the Migration Act 1958 (Cth) (the 'Act'). -
Legal14 December 2012Webpage
Submission: Sex Discrimination Amendment Bill (No 1) 2000 (Cth)
1.1 The amendments effected by the Sex Discrimination Amendment Bill (No 1) 2000 (Cth) ("the Amendment Bill") go to the core of the guarantee of non discrimination contained in the Sex Discrimination Act 1984 (Cth) ("the SDA"). 1.2 The provisions of the Amendment Bill are of great concern to the Human Rights and Equal Opportunity Commission ("the Commission") and the Sex Discrimination Commissioner ("the Commissioner") for a number of reasons outlined below. -
Legal14 December 2012Webpage
Information concerning Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (2010)
Recommendation 2: That the proposed Joint Parliamentary Committee on Human Rights be empowered to make recommendations in relation to the implementation of ICERD Committee Concluding Observations. -
Legal14 December 2012Webpage
Submission: Human Rights and Good Governance Education
The Human Rights and Equal Opportunity Commission (HREOC) which was established in 1986 by the Federal Parliament as successor to the 1981 Human Rights Commission is an independent statutory authority whose functions are to monitor, protect and promote human rights in Australia. The Commission has played a key role in the education of civil society in regard to these rights. -
14 December 2012Book page
DIAC Response to the 2011 Australian Human Rights Commission Statement on Immigration Detention at Curtin
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (AHRC) Public Statement on Immigration Detention in Curtin. -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 5 The Disability Discrimination Act
The DDA covers discrimination on the ground of disability, including discrimination because of the use of a therapeutic device or aid, accompaniment by a carer or assistant or accompaniment by an assistance animal. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission to the Human Rights and Equal Opportunities Commission's Inquiry into Children in Immigration Detention Centres is the result of the work and contributions of many people. -
Legal14 December 2012Webpage
Commission Submission - Amicus Curiae - Jacomb v Australian Municipal, Administrative, Clerical And Services Union
General Recommendation No 5 Seventh Session, 1988 (Attachment Ten) General Recommendation No 23 Sixteenth Session, 1997 (Attachment Eleven) General Recommendation No 25 Thirtieth Session, 30 January 2004 (Attachment Twelve) -
14 December 2012Book page
Social Justice Report 2001: Chapter 4: Laws mandating minimum terms of imprisonment (‘mandatory sentencing’) and Indigenous people
On 13 April 2000, the Senate requested the Human Rights and Equal Opportunity Commission to inquire into all aspects of the agreement between the Northern Territory Government and the Commonwealth regarding the Territory’s mandatory sentencing regime; the consistency of mandatory sentencing regimes with Australia’s international human rights obligations; and Western Australia’s mandatory sentencing regime.[1] -
Legal14 December 2012Webpage
Migration Matters
This submission is made by the Human Rights Commissioner on behalf of the Human Rights and Equal Opportunity Commission (‘the Commission’) in response to the Terms of Reference issued by the Select Committee on Ministerial Discretion in Migration Matters. -
14 December 2012Book page
Questions and Answers About Refugees & Asylum Seekers
According to the United Nations Convention and Protocol relating to the Status of Refugees (also called the Refugee Convention), a refugee is someone who is outside their own country and cannot return due to a well-founded fear of persecution because of their: -
14 December 2012Book page
HREOC Report No. 18
1. The commission's jurisdiction 2. The complaint 3. The complainant's evidence and submissions 4. Respondent's response 5. Documentary material before the commission 6. Conciliation 7. Preliminary findings of Commissioner Sidoti 8. Response to Commissioner Sidoti's preliminary findings 9. My Further Preliminary Findings 10. Respondent's response to my Further Preliminary Findings 11. Section 21 Notice 12. Findings of fact 13. Findings on liability 14. Article 10 15. Article 9(1) 16. Recommendations -
14 December 2012Book page
3 The Commonwealth’s understanding of the usefulness of biomedical markers for age assessment purposes
This chapter considers the Commonwealth’s approach to the use of biomedical markers to assess age since wrist x-rays became a prescribed procedure for the purpose of age determination following the enactment of the Crimes Amendment (Age Determination) Bill 2001 (Cth). It also considers what each relevant Commonwealth agency knew, or should have known, about the value of specific age assessment processes for the purpose of establishing whether an individual is under the age of 18 years. -
14 December 2012Book page
Native Title Report 2009: Chapter 2
Despite the High Court’s landmark decision, Australian courts, governments and non-Indigenous people have struggled to accept fully the rights of Indigenous peoples to their lands, waters and territories. In successive court decisions, our cultures have been viewed through a non-Indigenous lens, with our rights separated and eliminated one by one. -
14 December 2012Book page
Valuing Parenthood - Appendices
This Appendix sets out currently available information describing women's labour force participation and the ways in which women combine work and family responsibilities in Australia. The Appendix also includes information about existing maternity and parental leave arrangements to provide a background to discussing any future paid maternity leave scheme. -
14 December 2012Book page
Report No. 40: Complaints by immigration detainees against the Commonwealth of Australia (Department of Immigration and Citizenship, formerly the Department of Immigration and Multicultural and Indigenous Affairs) and GSL (Australia) Pty Ltd (2008)
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of an inquiry by the former President of the Commission into complaints made by immigration detainees against the Commonwealth of Australia. The former President found that the Commonwealth had breached the human rights of the complainants pursuant to articles 10(1) and 17(1) of the International Covenant on Civil and Political Rights. -
14 December 2012Book page
Social Justice Report 2003: Appendix one: A statistical overview of Aboriginal and Torres Strait Islander peoples in Australia
This collection of statistics has been chosen for their relevance in highlighting the key characteristics of the Indigenous population. It focuses on key areas such as health, education, employment, housing, and contact with criminal justice and welfare systems. Where possible, the data is presented in a way that identifies absolute and relative change in the situation of Indigenous peoples over the past five and ten years, and provides some international comparisons.
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