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14 December 2012Book page
HREOC REPORT NO. 37 (2007) - Report of an inquiry into Dr Julie Copeman’s complaint that Derbarl Yerrigan Health Service terminated her employment on the basis of her trade union activity
Pursuant to section 11(1)(d) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOC Act'), I attach a report of my inquiry into a complaint made by Dr Julie Copeman. I have found that Dr Copeman's employment as a general medical practitioner was terminated by Derbarl Yerrigan Health Service (her employer) in circumstances that amounted to discrimination, and that such termination constitutes discrimination in employment for the purposes of s 31(b) of the HREOC Act. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 7
Workers’ compensation schemes are intended to provide compensation to an employee who is incapacitated because of a work-related accident or to an employee’s dependants if the employee dies because of a work-related accident. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 7: Damages and Remedies
If the court concerned is satisfied that there has been unlawful discrimination by any respondent, the court may make such orders (including a declaration of right) as it thinks fit, including any of the following orders or any order to a similar effect: -
Aboriginal and Torres Strait Islander Social Justice24 May 2016Publication
Ending family violence and abuse
Family violence and abuse is causing untold damage to the cultures and fabric of Indigenous societies. It is damaging our communities, our families, our women, our children and our men. -
Rights and Freedoms14 December 2012Speech
Human Rights in Contemporary Australia: Dr Sev Ozdowski OAM (2001)
Despite its rather grand title, this presentation will be a relatively modest attempt to set out the key challenges for human rights in Australia as I see them at the outset of my term as Human Rights Commissioner. Let us begin with a quick survey of the state of human rights internationally and in Australia today. -
14 December 2012Book page
Bringing them Home - Chapter 2
Every morning our people would crush charcoal and mix that with animal fat and smother that all over us, so that when the police came they could only see black children in the distance. We were told always to be on the alert and, if white people came, to run into the bush or run and stand behind the trees as stiff as a poker, or else hide behind logs or run into culverts and hide. Often the white people - we didn't know who they were - would come into our camps. And if the Aboriginal group was taken unawares, they would stuff us into flour bags and pretend we weren't there. -
Rights and Freedoms31 October 2013Speech
Freedom of Speech and giving offence: can a balance be struck?
<h2><strong>Annual Kirby Lecture on International law: ANZSIL 2013</strong></h2> <p>Thursday 4 July 2013<br>6:30 pm</p> <p>Finkel Theatre, John Curtin School of Medical Research,<br>Garran Rd, Australian National University</p> <p><em>(Check against delivery)</em></p> -
14 December 2012Book page
Native Title Report 2003 : Chapter 2 : Native Title Policy - State and Commonwealth profiles
Human rights principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given legal recognition and protection. International legal principles also recognise that Indigenous peoples have economic, social and cultural human rights. Native title, as it is constructed through the Australian legal system, has a limited capacity to meet these human rights standards. -
Commission – General14 December 2012Speech
Issues Affecting Behaviour in the Workplace
I would like to begin by thanking the Australian Public Service Commission (APSC) for inviting me to address you today, and thank Margaret Boylan (Regional Director, APS Commission, SA/NT) for her warm welcome. -
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. -
Legal14 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: -
14 December 2012Book page
Bringing them Home - Chapter 6
The forcible removal of Indigenous children from their families occurred during two periods in Tasmania. The first commenced with the European occupation of Van Dieman's Land (as Tasmania was called until 1856) in 1803 and lasted until the middle of the nineteenth century. The second commenced in the 1930s with the forcible removal of Indigenous children from Cape Barren Island under general child welfare legislation and continues into the present. -
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. -
Aboriginal and Torres Strait Islander Social Justice21 August 2014Speech
Nulungu Reconciliation Lecture
<p><strong>Acknowledgements</strong></p> <p>Thank you for your kind welcome and can I reciprocate as I begin today by respecting the Yawuru, the traditional owners of Rubibi the place that is now known as Broome. I thank them for allowing me on their country. I salute the Elders who are here today, those that have gone before us, and those who are yet to come.</p> <p>My people are freshwater people, the Gangulu, from the Dawson Valley in Central Queensland.</p> -
14 December 2012Book page
A Report on Visits to Immigration Detention Facilities by the Human Rights Commissioner 2001
1.1 Background to this report 1.2 Compliance with human rights obligations 1.3 Conduct of visits 1.4 Overview of immigration detention facilities 1.5 Response by Department of Immigration and Multicultural and Indigenous Affairs -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Department of Justice and Youth Studies at the Royal Melbourne Institute of Technology The Department of Justice and Youth Studies (JYS) is part of the Faculty of Education, Language and Community Services (FELCS) at RMIT University. JYS offers undergraduate courses in Criminal Justice Administration and Youth Affairs, as well as Masters by Research and PhD programs. -
14 December 2012Book page
Bringing them Home - Chapter 8
The general opinion of station people is that it is a mistake to take these children out of the bush. They say that the aboriginal mothers are fond of their children and in their own way look after them and provide for them and that when they grow up they are more easily absorbed and employed than those who have been taken out of their natural environment and removed to towns. -
14 December 2012Book page
Indigenous Deaths in Custody: Chapter 6 Police Practices
Explore a report prepared for the Aboriginal and Torres Strait Islander Commission in relation to Indigenous deaths in custody and police practices. -
Legal14 December 2012Webpage
Inquiry into the Native Title Amendment Bill 2009
Submission by the Aboriginal and Torres Strait Islander Social Justice Commissioner to the Senate Standing Committee on Legal and Constitutional Affairs -
Complaint Information Service14 December 2012Publication
"Facilitator or Advisor?: A discussion of conciliator intervention in the resolution of disputes under Australian human rights and anti-discrimination law" (2004)
State and federal anti-discrimination & human rights law in Australia, as in many other countries2, provides for the resolution of complaints of discrimination and breaches of human rights by a process of conciliation. Conciliation is an alternative dispute resolution mechanism for parties to complaints in that it is an 'alternative' to more formal determination of the dispute by a court or tribunal.