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14 December 2012Book page
HREOC Social Justice Report 2002: Measuring Indigenous disadvantage
4. Research relevant to benchmarking 5. The Commonwealth Grants Commission Report on Indigenous Funding 6. Australian Bureau of Statistics 7. Initiatives at the inter-governmental level related to benchmarking 8. The Steering Committee framework for reporting on Indigenous disadvantage 9. Governance and capacity building 10. Developments at State and Territory level -
14 December 2012Book page
HREOC Report No. 35
Pursuant to section 11(1)(f) and 20(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint against the Commonwealth of Australia (Department of Immigration and Multicultural Affairs) and GSL (Australia) Pty Ltd. I have found that acts done on behalf of the Commonwealth were contrary to the human rights of the complainant as provided for in articles 7 and 10 of the International Covenant on Civil and Political Rights. -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 4 - The Sex Discrimination Act
The definitions of discrimination include both direct and indirect discrimination, with the exception of the definition of discrimination on the ground of family responsibilities, which is limited to direct discrimination. -
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 -
Disability Rights14 December 2012Speech
Burdekin: The Human Rights Of Australians With Disabilities
I would like to thank ACROD for inviting me to deliver the Kenneth Jenkins Oration; both because I regard it as a privilege and because it gives me the opportunity to address a gathering of the key people in the disability field at an important time in the work of the Human Rights and Equal Opportunity Commission. -
Disability Rights14 December 2012Webpage
Productivity Commission review of the Disability Discrimination Act
Note: Printer friendly versions of this and other submissions are also available together with transcripts of hearings and other relevant documents on the Productivity Commission site -
14 December 2012Book page
International Review of Indigenous issues in 2000: Australia - 4. National laws contributing to racism, racist practices and / or race related discrimination
On 3 June 1992 the High Court of Australia handed down its decision in Mabo v Queensland (No.2) (1992) 175 CLR 1. This decision constitutes the first recognition of indigenous property rights at common law in Australia. The Court rejected the previously existing view that Australia was terra nullius (or land belonging to no-one) upon settlement by Europeans in 1788. -
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 -
14 December 2012Book page
Social Justice Report 2000: Chapter 3: International scrutiny of Australia's Indigenous Affairs policies
In the past year Australia's compliance with international human rights obligations has been under scrutiny by United Nations human rights treaty committees through consideration of Australia's periodic reports under four treaties. [1] Much of this attention has focused on issues relating to Aborigines and Torres Strait Islanders. This chapter focuses on the dialogue between the Australian government and the Committee on the Elimination of Racial Discrimination (the Committee or the CERD), which took place in March 2000. -
15 July 2014Book page
Appendix 3: Key developments in native title 2012–13
Overview This appendix reviews the following key developments in native title over the reporting period from 1 July 2012 to 30 June 2013 (Reporting Period): native title determinations and agreements the proposed Native Title Amendment Bill 2012 (Cth) other legislative amendments including the Tax Laws Amendment (2012 Measures No 6) Act 2012 (Cth) and the Courts and Tribunals Amendment ... -
Rights and Freedoms19 August 2016Speech
Tony Blackshield Lecture
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years. I have two memories ... -
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
12. Education for Children in Immigration Detention
Just send my children to school, and let them be in freedom. They should live in a human good atmosphere, they should learn something good, and not the things they are learning here.(1) -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - AB v Registrar, Births Deaths and Marriages
The Sex Discrimination Commissioner was granted leave on 2 May 2006 to appear as amicus curiae at the hearing of these proceedings and make submissions on the following matters: -
Rights and Freedoms26 September 2016Speech
Human rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS GILLIAN TRIGGS [*] (Annual Tony Blackshield Lecture delivered at Macquarie Law School, Macquarie University, 5 November 2015) I It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the ... -
Legal14 December 2012Webpage
Commission submissions: Alex
1.1 On 15 January 2004, the Family Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in these proceedings, pursuant to s 92 of the Family Law Act 1975 (Cth) ("Family Law Act"). -
Complaint Information Service14 December 2012Publication
Behind closed doors: Approaches to resolving complaints of sexual harassment in employment
This paper looks specifically at the issue of sexual harassment in employment and approaches to resolving associated complaints that are brought before the Australian Human Rights Commission ("AHRC"). -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Australia is a signatory to a number of International Conventions, which are relevant to mandatory detention of children in Australia’s immigration detention centres. Under International law, each of the conventions that Australia has ratified is binding on the Australian state, which is obliged to bring its domestic laws into conformity with their stipulations. In Australia, International Conventions do not have legal force in domestic law, and cannot be directly applied by the domestic courts in Australia, unless the Australian Parliament enacts them into legislation. -
14 December 2012Book page
Native Title Report 2011: Chapter 4: Options for addressing lateral violence in native title
This Chapter considers options for addressing lateral violence in environments that concern our lands, territories and resources. Although this is the beginning of the conversation, the Chapter aims to give Aboriginal and Torres Strait Islander peoples and communities some ideas about how to address lateral violence through the establishment of strong structural foundations and principles. It also seeks to assist governments to help us confront this problem by reinforcing these structures through legislation and policy. -
14 December 2012Book page
Native Title Report 2003 : Chapter 1
Australia is a wealthy nation. In 2003, Australia ranked fourth in the United Nations Human Development Index (1) indicating Australians enjoyed one of the highest qualities of life in the world. Overall, Australia ranks equal fourth with the highest life expectancy at birth (79.0 years) suggesting Australians are among the healthiest people in the world. (2)
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