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Legal
14 December 2012WebpageInquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2011
Recommendation 2: The Migration Act should be amended to provide that detention of unlawful non-citizens in immigration detention facilities must only be used as a measure of last resort. There should be a clear presumption against the detention of children for immigration purposes. -
Aboriginal and Torres Strait Islander Social Justice
30 April 2014WebpageClose the Gap Campaign Submission on Part IIA of the RDA
Read the submission by the Close the Gap Steering Committee about proposed freedom of speech amendments to the Racial Discrimination Act. -
14 December 2012Book page
Native Title Report 2011: Chapter 3: Giving effect to the Declaration
Indigenous peoples from all over the world have suffered the long-standing effects of colonisation. Consequently, we continue to struggle with the challenges that I have raised in this Report; particularly those that concern our identity, culture and access to and protection of our lands, territories and resources. -
Legal
14 December 2012Webpage
submission to the Parliamentary Joint Committee on Intelligence and Security
The Human Rights and Equal Opportunity Commission (HREOC) makes this submission to the Parliamentary Joint Committee on Intelligence and Security review of the power to proscribe organisations as terrorist organisations (the PJCIS Review). -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
DR OZDOWSKI: Good morning everybody. I would like to formally open this public hearing which is the last, hopefully, of the series held around Australia. My name is Sev Ozdowski and I'm the Human Rights Commissioner and to my right I've got Professor Trang Thomas, who is Professor of Psychology at the Royal Melbourne Institute of Technology. Today the Commission will be assisted by counsel Michael Wigney and Mr Jonathon Hunyor of the Commission and I would like to ask for the benefit of the audience that the counsel for DIMIA and ACM would introduce themselves. -
Legal
14 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 -
Rights and Freedoms
19 August 2016SpeechTony Blackshield Lecture
<h2><strong>HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS</strong></h2> <p><span style="font-size: 13.008px; line-height: 1.538em;">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.&nbsp; 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.</span></p> -
14 December 2012Book page
Bringing them Home - Chapter 7
Following the founding of the Swan River Colony in 1829 relations between the British settlers and local Indigenous peoples in Western Australia became characterised by conflict. As a result of fierce fighting, -
Legal
14 December 2012Webpage
HREOC Submission: Productivity Commission on the Inquiry into Paid Maternity, Paternity and Parental Leave
The Human Rights and Equal Opportunity Commission (HREOC) makes this submission to the Productivity Commission in its Inquiry into Paid Maternity, Paternity and Parental Leave (‘the Inquiry’). -
Rights and Freedoms
14 December 2012Speech
"The local face of global justice policy": Dr Sev Ozdowski OAM (2004)
Firstly I would like to acknowledge the traditional custodians of the land on which we stand and by so doing remind ourselves that Australia's cultural traditions stretch back many thousands of years and express our aspirations for Australians of the future to be socially just and inclusive. -
Rights and Freedoms
14 December 2012Speech
“The Relevance of Human Rights in Contemporary Australia”: Dr Sev Ozdowski OAM (2003)
1. Introduction 2. Emergence of International Human Rights 3. Impact of international human rights law on federal law 4. Moving forward on human rights protection -
Legal
14 December 2012Webpage
Submission: Australia's Future Tax System (Retirement Income System) (2009)
The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the Review Panel on Australia’s future tax system (‘the Review’). The submission specifically addresses Australia’s retirement income system. -
14 December 2012Book page
Native Title Report 2008 - Chapter 1
In November 2007, Australia elected a new federal government. With the new government came new policies aimed at improving Aboriginal’s and Torres Strait Islander’s social and economic situation. In the new government’s National Platform and Constitution[1], the Australian Labor Party stated that it: -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Speech
Social determinants and the health of Indigenous peoples in Australia
Improving the health status of Indigenous peoples1 in Australia is a longstanding challenge for governments in Australia. The gap in health status between Indigenous and non-Indigenous Australians remains unacceptably wide.2 It has been identified as a human rights concern by United Nations committees3; and acknowledged as such by Australian governments4. -
Rights and Freedoms
26 September 2016Speech
Human rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
<p>&nbsp;</p> <p>&nbsp;</p> <p><strong>HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS</strong></p> <p>GILLIAN TRIGGS<sup><a href="#fn1" name="fnB1">[*]</a></sup></p> <p>(Annual Tony Blackshield Lecture delivered at Macquarie Law School,<br>Macquarie University, 5 November 2015)</p> <hr> <p>&nbsp;</p> -
14 December 2012Book page
Chapter 2 - Introduction: Social Justice Report 2009
Indigenous imprisonment rates in Australia are unacceptably high. Nationally, Indigenous adults are 13 times more likely to be imprisoned than non-Indigenous people[1] and Indigenous juveniles are 28 times more likely to be placed in juvenile detention than their non-Indigenous counterparts.[2] -
14 December 2012Book page
Native Title Report 2009: Chapter 4
During the reporting period, Australian governments continued to develop tenure reform policies for Indigenous land. Governments frequently describe these policies as a means of promoting home ownership and economic development on Indigenous land. The reality is not so simple. -
Legal
14 December 2012Webpage
COAG Review of Counter-Terrorism Legislation
Division 104 of Part 5.3 of the Criminal Code Act 1995 (Cth) provides for the making of control orders. A control order is an order issued by a court (either the Federal Court, Family Court or Federal Magistrates Court), at the request of a member of the Australian Federal Police (AFP), to allow obligations, prohibitions and restrictions to be imposed on a person, for the purpose of protecting the public from a terrorist act.[8] -
14 December 2012Book page
The Right to a Discrimination-Free Workplace
The prohibition on discrimination in employment is a relatively recent, but now well-established, feature of the Australian legal environment. Laws prohibiting discrimination in the workplace in Australia date back to 1966 when South Australia introduced the Prohibition of Discrimination Act 1966 (SA), to prohibit discrimination on the grounds of race in aspects of employment and in the provision of goods and services.[1] -
14 December 2012Book page
Indigenous Deaths in Custody: Part D - Implementing the Recommendations
We are deeply dissatisfied with the performance to date by various government agencies... there does not appear to be any process beyond monitoring to ensure that effective implementation takes place...