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Legal
14 December 2012WebpageCommission submissions: Al Masri
1. The Human Rights and Equal Opportunity Commission (the "Commission") files these written submissions pursuant to the orders entered 24 September 2002. The Commission makes no submissions on the respondent's motion of 18 September 2002. On the assumption that the appeal is competent, the Commission's submissions address the proper construction of s.196 of the Migration Act 1958 (Cth) (the "Act"). -
Legal
14 December 2012Webpage
CERD Index
This submission is prepared by Australia's national human rights institution, the Human Rights and Equal Opportunity Commission (HREOC). It provides information in relation to the Australian Government's combined 13th and 14th periodic report under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). All of the material contained in this document has previously been brought to the attention of the Australian government through a range of Commission publications and submissions. -
14 December 2012Book page
HREOC REPORT NO. 39: Complaint by Mr Huong Nguyen and Mr Austin Okoye
I attach a report of my inquiry into complaints by Mr Huong Hai Nguyen and Mr Austin Okoye against the Commonwealth of Australia and GSL (Australia) Pty Ltd, pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth). -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
The current submission recognises the need to move beyond mere critique of the status quo and focus resources on the development of viable alternatives. To be feasible any such model must satisfy the legitimate concerns of the government while upholding the fundamental right of freedom of movement. -
Legal
14 December 2012Webpage
Submission to the Law Reform Commission
"Not every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation, as required by article 4, paragraph 1. The Covenant requires that even during an armed conflict measures derogating from the Covenant are allowed only if and to the extent that the situation constitutes a threat to the life of the nation. If States parties consider invoking article 4 in other situations than an armed conflict, they should carefully consider the justification and why such a measure is necessary and legitimate in the circumstances. -
Rights and Freedoms
14 December 2012SpeechBuilding an Australia Fit for Children: Dr Sev Ozdowski (2001)
Keynote presentation delivered at the 8th National Conference of the Association for the Welfare of Child Health (AWCH) - "Children on the margin: addressing the health care needs of marginalised children and young people", 11 October 2001, Dr Sev Ozdowski -
15 June 2015Book page
8 Legal and policy framework
The following section outlines the relevant legal and policy framework, including the international human rights framework. 8.1 International legal framework The rights of older persons are protected by a number of key international human rights treaties. [27] However, there is no specific United Nations convention on the rights of older persons. [28] Some of the key rights protected under ... -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechSpeeches 2007: 40 years on: what does the ‘Yes’ vote mean for Indigenous Australians?
Anglicare, Tasmania Annual Social Justice Lecture 22 August, 2007 TOM CALMA Aboriginal and Torres Strait Islander Social Justice Commissioner National Race Discrimination Commissioner Human Rights and Equal Opportunity Commission -
Disability Rights
14 December 2012SpeechHastings: Transition
When I was discussing this event with Jenni Huon we talked about whether the theme should be "transition" or "transitions". At the time I thought it did not matter much, but as soon as I started to write this address I realised that I am going to talk about "transition". "Transitions" (plural) suggests one discrete thing after another, a beginning, middle and end before another beginning. It is a word describing things, separate events, bits of life that can be captured, have edges put round them. -
Legal
14 December 2012Webpage
Discussion paper: Leading practice agreements: maximising outcomes from native title benefits (2010)
The Australian Human Rights Commission makes this submission in response to the Leading practice agreements: maximising outcomes from native title benefits discussion paper (the Agreements Discussion Paper).[1] -
Legal
14 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'). -
14 December 2012Book page
Human Rights: On the record: Employment (Chapter 6)
The Commission accepts complaints of discrimination on the basis of criminal record from people who allege that they have been discriminated against in their conditions of employment. For example some people may feel discriminated against because they have been denied promotion or training on the basis of their criminal record. As with recruitment and termination decisions, an employer should only deny a person these benefits and conditions of employment if the criminal record is relevant to the inherent requirements of the job. -
14 December 2012Book page
Annual Report 2001-2002: Chapter 3
As a result of the enactment of the Human Rights Legislation Amendment Act (No. 1) 1999 (Cth) the jurisdiction of the Commission to conduct public inquiries into complaints was transferred on 13 April 2000 to the Federal Court and Federal Magistrates Service. However, the Commission retained the jurisdiction to complete those public inquiries it had commenced prior to 13 April 2000. During 2000–01, 32 of these matters were finalised. Of those: -
14 December 2012Book page
Social Justice Report 2000: Chapter 2: Reconciliation and human rights
This will be how we assess the success or otherwise of the reconciliation process in years to come. The reconciliation process has the potential to be as significant, and difficult, as the process that led to the joining together of the states into one indissoluble federation in 1901. It challenges us to adapt the structures of society in ways that ensure that first nation peoples can participate fully, be welcomed and have our cultures respected. Integral to this process is an acknowledgement of the wrongs of the past and an acceptance of the need for a restructured relationship. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 12
The issue of divorce never arises for same-sex couples, since they cannot legally marry. However, a same-sex couple, like an opposite-sex de facto couple, may need the assistance of a court to resolve property and child-related issues if their relationship breaks down. -
Rights and Freedoms
12 October 2021Webpage
COVID-19 vaccinations and federal discrimination law
This page provides general information on COVID–19 vaccinations and federal discrimination law and is intended as a guide only. It gives guidance on the most frequently asked questions we receive on this subject. -
Disability Rights
14 December 2012Speech
"Other status": disability and human rights (2011)
Amnesty International conference: Human rights challenges and opportunities in the 21st century Brisbane 6 October 2011 Graeme Innes, Disability Discrimination Commissioner -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Speech
Indigenous health: real solutions for a chronic problem (2007)
I would like to acknowledge the Yolngu people on whose land we are today. I would also like to thank Charles Darwin University for inviting me to speak at this Garma festival where we celebrate the Yolngu culture and world view. -
Commission – General
14 December 2012SpeechLaunch of Trustees on Trial - recovering the stolen wages by Dr Rosalind Kidd
As many of you know, for over a decade Dr Kidd has been a tenacious and dedicated advocate for the rights of Indigenous people. She has focused especially on the gross inequities that occurred through and under the various 'Protection Acts' that operated in Queensland from the 1890s to the 1980s. -
Legal
14 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)