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14 December 2012Book page
Native Title Report 2002: Summary of the Validation & Confirmation of Extinguishment Provisions in the NTA
In the High Court’s formulation of native title in Mabo (No 2), [1] delivered on 3 June 1992, it was made clear that in the past, governments could validly grant interests in land that would extinguish native title. These grants could be made without payment of compensation to native title holders. [2] At least that was as far as the common law was concerned. The Court did not need to consider the effect of the Racial Discrimination Act 1975 (Cwlth) (‘RDA’) on laws and grants after the RDA came into force on 31 October 1975. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 4
It is simple to remove discrimination against same-sex couples in laws conferring financial and work-related benefits: amend the definitions describing a couple to include same-sex and opposite-sex couples alike. -
14 December 2012Book page
Comments by Aboriginal and Torres Strait Islander Social Justice Commissioner on MMSD (Australia) Project (2001)
In early 2001 AMEEF, as managers of the MMSD (Australia) project, commissioned various studies including a baseline assessment of the minerals industry and five other areas of interest: mining and biodiversity, stakeholder engagement, mining-Indigenous agreements, managing minerals wealth, and industry-based initiatives for sustainable development. These studies will contribute to a final report of the MMSD (Australia) project, which will form part of MMSD's global project. -
14 December 2012Book page
Social Justice Report 2003: Chapter 5: Addressing family violence in Indigenous communities
back to contents Chapter 5: Addressing family violence in Indigenous communities There is no issue currently causing more destruction to the fabric of Indigenous communities than family violence. This has been acknowledged by all levels of government in recent years, with a number of significant inquiries and initiatives undertaken or commenced at the federal, state and territory level to address its impact. The intensive scrutiny and public awareness of this issue has not, however, led to sufficient commitments of resources and effort to date. -
Legal
14 December 2012WebpageCommission Submission Amicus Curiae - Howe v Qantas
In light of the issues raised during the hearing of the proceedings and in the parties’ written submissions, the Sex Discrimination Commissioner (‘the Commissioner’) seeks the Court’s leave to make the following supplementary submissions. -
Commission – General
14 December 2012SpeechSite navigation
I was invited to pick my own topic for discussion. As an ex-judge being invited to speak to students of the law, I assumed that I was expected to speak on something related to the administration of the law from a judge's perspective. And as President of Australia's Human Rights and Equal Opportunity Commission (HREOC), I assumed I was expected to mention the role of human rights promotion in our legal system. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012WebpageThe unfinished business - Dumisa Ntsebeza
The first is that the title UNFINISHED BUSINESS happens to be the title of a book in whose authorship I have collaborated. The book's title is UNFINISHED BUSINESS : SOUTH AFRICA, APARTHEID AND TRUTH. You can order the book from a website, details of which you can get from Terry Bell at belnews@wn.apc.org. For every book purchased, the author and I have agreed a free copy will be donated to an NGO. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
1. The provisions made by Australia to implement its international human rights obligations regarding child asylum seekers, including unaccompanied minors -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
1) Background to Hotham's work with asylum seekers 2) Asylum Seekers in the Community 3) Addressing the needs of asylum seekers in the community 4) The transition from detention to the community 5) Positive Outcomes 6) Appendix 1: General Community Release Issues 7) Appendix 2: Summary of the Swedish Model of Detention -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 4: The Sex Discrimination Act
The definitions of discrimination include both 'direct' and 'indirect' discrimination, with the exception of the definition of discrimination on the ground of family responsibilities, which is limited to direct discrimination. -
Legal
14 December 2012Webpage
INQUIRY INTO THE STOLEN GENERATION COMPENSATION BILL 2008
The Human Rights and Equal Opportunity Commission (‘HREOC’) welcomes the opportunity to make this submission to the Senate Constitutional and Legal Affairs Committee for its Inquiry into the Stolen Generations Compensation Bill 2008. -
Legal
14 December 2012Webpage
Commission submissions: Sakhi
1. The Human Rights and Equal Opportunity Commission (“the Commission”) seeks the leave of the Court to intervene to make submissions in this case. -
Commission – General
14 December 2012Speech
The Admission and Exclusion of Asylum Seekers Conference
I would like to acknowledge the Gadigal people of the Eora people, the traditional owners of the land on which we meet today, and pay my respects to their elders. -
14 December 2012Book page
Stories of discrimination
In 2006, the Commission conducted a National Inquiry into discrimination against people in same-sex relationships regarding access to financial and work-related entitlements and benefits. The inquiry is known as the Same-Sex: Same Entitlements Inquiry (the Inquiry). -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - Webb v Child Support Agency
(1)It is unlawful for a person to discriminate against another person on the ground of the other person’s disability or a disability of any of that other person’s associates: -
Complaint Information Service14 December 2012Publication
ADR in the context of Anti-Discrimination and Human Rights Law(2000)
The aim of this paper is to examine the use of Alternative Dispute Resolution [3] (ADR) in the context of the administration of complaints under anti-discrimination and human rights law. -
14 December 2012Book page
HRC Report No. 13
HRC Report No. 13 Copyright © Commonwealth of Australia 2001 Copying is permissible with acknowledgment of the authorship of the Human Rights and Equal Opportunity Commission, Sydney, 2001. -
Rights and Freedoms
1 May 2013WebpageBalancing freedom of religion and other rights: European approaches
<h2>Determining whether the right to freedom of religion is engaged</h2> <p>The European Court of Human Rights has dealt with a substantial number of cases regarding freedom of religion and belief under article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which provide useful guidance regardng the very similar provisions of ICCPR&nbsp; Article 18.</p> -
Disability Rights
14 December 2012SpeechMENTAL HEALTH FOR ALL: WHAT'S THE VISION?
Over the last four years the Human Rights and Equal Opportunity Commission (the Commission) has played a key role in raising community awareness about the human rights Australians with a mental illness. The Commission, through its public inquiry process, brought into national focus how, amongst other things, people affected by mental illness frequently faced discrimination and stigmatisation based on ignorance, fear and inaccurate stereotypes. -
14 December 2012Book page
HRC Report No.11
This is a report to the Attorney-General on inquiries made by the Human Rights and Equal Opportunity Commission into a complaint made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the Act) of discrimination in employment on the ground of age. The complaint was made by Ms Akiko Ishikuni against the Japan Travel Bureau (Australia) (JTB).