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Legal14 December 2012Webpage
SAGE: Submission to Inquiry into Aboriginal Customary Law in NT
The Aboriginal and Torres Strait Islander Social Justice Commissioner has also made a submission to this inquiry. To access that submission click here. -
Legal26 February 2016Submission
Submission to Inquiry into the Regulatory and Legislative Aspects of Surrogacy Arrangements (2016)
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14 December 2012Book page
National Inquiry into Children in Immigration Detention
This submission aims to highlight a number of issues for children in immigration detention arising from the Department of Human Services' (DHS) involvement in child protection, health service provision to children and their families, settlement support and care of unattached minors. -
Disability Rights14 December 2012Webpage
DDA conciliated cases: access to premises
Reminder: Conciliated settlements are usually made without admission of liability and may not provide firm precedents for the outcome in other cases. See also our guidelines on access to buildings and services -
14 December 2012Book page
Social Justice Report 2003: Chapter 3: Indigenous participation in decision making – Transforming the relationship between government and Indigenous peoples
The twin pillars of the government's approach to Indigenous policy in 2003 continued to be practical reconciliation, with its emphasis on service delivery in core areas of disadvantage, and mutual obligation, with its emphasis on reciprocity and individual responsibility. Through both of these policies, the government has identified moving Indigenous people beyond welfare dependency and enabling Indigenous participation in program delivery and design as key features of its approach. -
14 December 2012Book page
Native Title Report 2002: Recognition of native title
Native title is an intersection of two different legal systems and cultures. The way in which Australia chooses to give recognition to the relationship that Indigenous people have with their land, and the range of options it considers to express that relationship, are matters that affect the human rights of Indigenous people. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
This is a paper prepared by Amnesty International for the HREOC Inquiry into children in immigration detention centres. In particular, this paper sets out Amnesty International's concerns with the detention of children, having regard to the international human rights treaties to which Australia has committed itself. -
Legal14 December 2012Webpage
Submission: NTA Amendment Bill 2006
It is essential at all times when the reform of native title law is contemplated, that the historic importance of the recognition of native title to the building of a more just Australia, be kept squarely in mind. The law of native title provides for the limited recognition and protection of what remains of the traditional property rights of Indigenous Australian peoples that were unjustly ignored and denied for the first 200 years of European settlement. -
14 December 2012Book page
Social Justice Report 2005 : Appendix 1 : Chronology of events relating to the new arrangements for the administration of Indigenous affairs, 1 July 2004 - 30 June 2005
This Appendix provides an overview of main events since the introduction of the new arrangements for the administration of Indigenous affairs on 1 July 2004. It commences with a summary table and is followed by a detailed description of each event. -
Age Discrimination20 May 2016Publication
Euthanasia, human rights and the law
This issues paper explores voluntary euthanasia by looking at the domestic regulatory environment in comparison to relevant international laws. It concludes with a human rights-based analysis of voluntary euthanasia and some commentary on the practice informed by human rights principles. -
14 December 2012Book page
7. Refugee Status Determination for Children in Immigration Detention
The United Nations High Commissioner for Refugees (UNHCR) estimates that around half of the 50 million displaced persons in the world are children. Around 10 million of these children are under the care of UNHCR. Approximately 100,000 separated children roam Western Europe.(1) During 1999 alone, more than 20,000 separated children applied for asylum in Western Europe, North America or Australia.(2) Of those 20,000 unaccompanied children, 46 travelled to Australia to seek asylum. In the same year a further 202 children sought asylum in Australia with their families.(3) -
Legal14 December 2012Webpage
Australian Human Rights Commission Submission to the Joint Select Committee on Australia’s Immigration Detention Network (2011)
The Australian Government should implement reforms it announced in 2008 under which immigration detention is to be used as a last resort and for the shortest practicable period, people are to be detained in the least restrictive environment appropriate to their individual circumstances, and there is a presumption that people will be permitted to reside in the community unless they pose an unacceptable risk. -
Legal14 December 2012Webpage
Inquest into the deaths of David Gurralpa and Robert Plasto-Lehner (2009)
Part 2.2: The obligations imposed by the right to life (article 6 of the ICCPR), including that by arresting and detaining individuals police take responsibility to care for their life. -
14 December 2012Book page
Chapter 1: A cause for cautious optimism: The year in review - Social Justice Report 2011
As I reflect on the events that have taken place during the reporting period from 1 July 2010 to 30 June 2011, I see cause for optimism whilst also acknowledging there are still some areas that remain a concern. Over the last year we have reached some major milestones. For instance, we have seen the election of the two co-chairs and a board to the National Congress of Australia’s First Peoples (National Congress), and we are also now engaged in a conversation with the Australian people about how we go about recognising Aboriginal and Torres Strait Islander peoples in our Constitution. -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
DR OZDOWSKI: Welcome to everyone. I think there is no need again to administer the oath or affirmation. As with yesterday, we will do it only in the case of new witnesses coming, but please understand that the principles associated with the oath or affirmation do stand up. Also, I would like to ask witnesses in order to finish on time, that they will focus on questions and try to answer, and to reply as directly as possible. Okay, could I ask Mr Wigney to start asking questions, and my understanding is that we are starting with the issue of family and family relations. -
Legal17 June 2019Submission
Review of citizenship loss provisions in the Australian Citizenship Act 2007 (Cth)
The Commission urges reform of these citizenship loss provisions, and makes 11 recommendations to ameliorate the significant human rights concerns. -
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. -
14 December 2012Book page
Social Justice Report 2004 : Chapter 3 : Implementing new arrangements for the administration of Indigenous affairs
Part 1: What are the new arrangements for the administration of Indigenous affairs? -
14 December 2012Book page
HREOC Annual Report 2003-2004 : Chapter 4: Complaint Handling Section
The Complaint Handling Section (CHS) is responsible, through the President, for investigating and conciliating complaints lodged under federal anti-discrimination and human rights law. The CHS also delivers a Complaint Information Service. Accordingly, the CHS plays a key role in fulfilling the Commission's objective of delivering an Australian society in which human rights are protected. -
14 December 2012Book page
Native Title Report 2002: Discrimination and native title
The resolution of the debate as to whether the extinguishment of native title by the common law and the Native Title Act 1993 (Cwlth) (‘NTA’) is racially discriminatory, depends upon the interpretation given to its two essential components: extinguishment and discrimination. The interpretation that the High Court has given to the extinguishment provisions of the NTA and its relationship with the common law was the subject of the chapter 2. It is to the second of these components, the meaning of discrimination as it applies to the extinguishment of native title, that I now turn.