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14 December 2012Book page
Native Title Report 2002: Summary
The High Court's decisions in Yarmirr [1], Miriuwung Gajerrong [2], Wilson v Anderson [3] and Yorta Yorta [4] clarify the law with respect to the recognition and extinguishment of native title. The consequences of the law of native title for Indigenous people are now starkly apparent. It is thus timely that the 2002 Native Title Report evaluates these principles against the human rights standards to which Australia is committed under international law. Such an evaluation reveals fundamental shortcomings within the native title system. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
There is no task more important than building a world in which all of our children can grow up to realise their full potential in health, peace and dignity. [1] -
Commission – General
14 December 2012SpeechH R Law Masterclass: Federal Anti-discrimination Law in an Employment Context: recent developments, likely future directions and the lessons from the past
To some of you the role of The Human Rights and Equal Opportunity Commission (HREOC) in the industrial relations scene in Australia will be well known, others of you may be wondering why a representative of a human rights body would be speaking on this occasion. I propose therefore to briefly summarise HREOC's role in the administration of federal anti-discrimination law, including its complaint handling function, and to give some recent statistics. -
14 December 2012Book page
Native Title Report 2004 : Annexure 2 : Promoting Economic and Social Development through Native Title
...the Aboriginal and Torres Strait Islander Social Justice Commissioner report on the operation of the [NTA] and its effect on the exercise and enjoyment of human rights of Aboriginal peoples and Torres Strait Islanders. -
Legal
14 December 2012WebpageNational Security Legislation Proposed Amendments (2009)
The Australian Human Rights Commission (the Commission) makes this submission to the Attorney-General’s Department, providing comments on the Attorney-General’s discussion paper on proposed amendments to the National Security Legislation (the discussion paper). -
Legal
14 December 2012Webpage
CERD: Concluding observations - Australian 2005
1. The Committee considered the 13 th and 14 th periodic reports of Australia, respectively due in 2000 and 2002, submitted as one document (CERD/C/428/Add.2), at its 1685 th and 1686 th meetings (CERD/C/SR/1685 and 1686), held on 1 and 2 March 2005. At its 1699 th meeting, held on 10 March 2005 , it adopted the following concluding observations. -
14 December 2012Book page
Native Title Report 2005 : Chapter 3 : The economic logic of the NIC Principles and economic development on Indigenous lands
As my predecessor pointed out in the Native Title Report 2003, native title is a political process as well as a legal process. Indigenous people enter a relationship with the State on the basis of their identity as the traditional owner group of an area of land. In some cases native title has provided the first opportunity since colonisation for a relationship of this type to be formed. -
Legal
14 December 2012Webpage
Commission submissions: Clarke
The Commission has an interest and expertise in relation to the interpretation of the RDA, the application of the International Convention of the Elimination of all forms of Racial Discrimination (CERD),[1] and racial discrimination issues generally, as set out in paragraphs 14 and 15 of the affidavit of Ms Branson dated 18 July 2011. -
14 December 2012Book page
Intersections between the Law, Religion and Human Rights Project
Schofield King Lawyers was contracted by the Australian Human Rights Commission (the Commision) to investigate intersections between the law, religion and human rights focusing on: -
Rights and Freedoms
14 December 2012SpeechHuman rights issues for rural families: Chris Sidoti (1998)
Families, and those who support them, play a vital role in the protection of human rights. Accordingly, I am very pleased to address this conference, and I commend all of you for your work in preserving and strengthening families. -
14 December 2012Book page
20 Years on: The Challenges Continue - Chapter 5
Sexual harassment is unlawful under the SDA and complaints of sexual harassment are managed by HREOC under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("HREOCA"). This Chapter provides a short overview of the public policy framework which governs sexual harassment and examines some of the implications of the survey results for public policy, particularly in comparison with the findings from A Bad Business.[131] -
14 December 2012Book page
Don't judg
During these ten years, thousands of individuals and organisations have used the DDA to create change, either by making complaints of discrimination, using the law as a basis for negotiating broad social change or educating organisations on their responsibilities. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechConference: Realising the Rights to Health and Development for all
I’d like to begin by acknowledging the conference organisers: the Central Commission for Popularization and Education of The Communist Party of Vietnam, and The University of New South Wales Initiative for Health and Human Rights, and particularly Professor Daniel Tarantola. -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 6: Procedure and Evidence
Part IIB of the HREOC Act sets out the provisions governing the procedure for federal unlawful discrimination matters.1 That procedure can be summarised as follows: -
Legal
14 December 2012Webpage
Commission submissions: Mulrunji
These submissions concern the powers of a coroner under the Coroners Act 2003 (Qld) ('Coroners Act') to make comments on what might be described as 'systemic' issues arising out of an inquest. -
14 December 2012Book page
Annual Report 2008-2009: Chapter 5
The Commission has a function of intervening, with the leave of the Court, in proceedings that involve issues of human rights, equal opportunity in employment and age, race, sex, marital status, pregnancy and disability discrimination. -
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. -
Commission – General
14 December 2012Speech
President speech: Settlement services through the looking glass of human rights
I would like to begin by acknowledging the traditional owners of the land on which we meet, the Ngunnawal peoples, and pay my respect to their elders past and present. -
1 August 2014Book page
Chapter 5: The legal and policy framework
Learn about how Australia has entered international human rights obligations to stop pregnancy and return to work discrimination against women. -
Legal
14 December 2012Webpage
Crimes Amendment (Bail and Sentencing) Bill 2006
1. The Human Rights and Equal Opportunity Commission (‘the Commission’) provides this submission to the Senate Legal and Constitutional Affairs Committee (‘the Committee’) in its inquiry into the Crimes Amendment (Bail and Sentencing) Bill 2006 (‘the Bill’).