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Legal14 December 2012Webpage
WORK AND FAMILY TEST CASE: Submission
Explore a work and family test case in relation to indirect sex discrimination made in the Australian Industrial Relations Commission. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
As the Corrections system in Victoria does not provide services for children in immigration detention, it would appear that this Office has a limited to capacity to contribute. However, outside the boundaries of a formal submission I can provide you with information regarding recent developments in the management of immigration detainees within the prison system, and our approach to the management of children residing with a parent in custody. -
Legal14 December 2012Webpage
Commission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need for an effective remedy is a need of non-citizens affected by decisions made under the Migration Act 1958 (Cth) ("the Act"). -
Legal14 December 2012Webpage
Commission submission - s134
1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the dicta of Dixon J in R v Hickman; Ex Parte Fox and Clinton (1945) 70 CLR 598 ("Hickman") are applicable to the provisions of the Act, including s 474. -
Legal14 December 2012Webpage
Tasmanian Human Rights Charter Consultation (2010)
The Commission congratulates the Tasmanian Government on making significant progress towards the legislated protection of human rights and promoting community discussion about human rights. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
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Opening address to the 'Indigenous peoples and racism' Conference A Regional Meeting for the United Nations World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance by Dr William Jonas AM , Aboriginal and Torres Strait Islander Social Justice Commissioner , Human Rights and Equal Opportunity Commission, 20 February 2001 -
Legal14 December 2012Webpage
Commission Submission - Vijayakumar v Qantas
"unlawful discrimination" means any acts, omissions or practices that are unlawful under…[p]art 2 of the Disability Discrimination Act 1992 …and includes any conduct that is an offence under… Division 4 of Part 2 of the Disability Discrimination Act 1992… -
Commission – General14 December 2012Speech
President speeches: Development, Security and Human Rights
This paper addresses one of the Forum themes: ‘Security and Human Rights’. Since 11 September 2001 governments around the world have responded to the threat of terrorism with tough measures to protect the lives and security of their communities – to protect their fundamental human rights. New security measures give government authorities unprecedented powers, which can seriously infringe the basic human rights of those against whom the powers are exercised. -
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
Annual Report 1999-2000: Privacy
I have pleasure in presenting the twelfth Annual Report on the operations of the Privacy Act 1988 for the year 1999-2000. The year past has been a challenging and productive year for the Office. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Women's Rights Action Network of Australia ("WRANA") is gravely concerned for the well being and human rights of children held in immigration detention in Australia, both as unaccompanied minors and children with accompanying families. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 5: The Disability Discrimination Act
The DDA covers discrimination on the ground of disability, including discrimination because of the use of a therapeutic device or aid;1 accompaniment by a carer or assistant;2 or accompaniment by an assistance animal.3 -
Legal14 December 2012Webpage
Commission submissions: Khafaji
The Commonwealth relies upon Australia's response to the UNHRC's decision in A v Australia.(34) Nothing flows from that response. The UNHRC hears individual complaints of violations of the ICCPR (called "communications") under the First Optional Protocol to the ICCPR. (35) Australia is a party to the First Optional Protocol. (36) The decisions or "views" of the UNHRC regarding those communications do not constitute legally binding decisions in international law. (37) However, as the UNHRC has noted: -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 8: Deprivation of Liberty and Humane Detention
In accordance with the general principle stated at Guideline 2 and the UNHCR [1] Guidelines on Refugee Children, minors who are asylum seekers should not be detained… -
Legal14 December 2012Webpage
Submission - Native Title Act 1993 regarding the Native Title Representative Bodies (2006)
Mr Peter Vaughan Group Manager Land and Resources Group Office of Indigenous Policy Coordination Department of Family and Community Services and Indigenous Affairs -
Legal14 December 2012Webpage
HREOC submission to Inquiry into Immigration Detention in Australia
Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act. -
14 December 2012Book page
Native Title Report 2003 : Chapter 4: Native Title and Agreement Making : a Comparative Study
The failure in Australia to perceive native title and land rights as the basis on which to address Indigenous economic and social development has been evident at legal, policy and administrative levels. Legally, the increasingly narrow interpretation of native title by the High Court has, as Noel Pearson has pointed out, stripped native title of much economic meaning or benefit. -
Legal14 December 2012Webpage
Inquiry into Australia’s Human Rights Dialogues with China and Vietnam (2011)
The Australian Human Rights Commission appreciates the opportunity to provide a submission to the Inquiry into Australia’s Human Rights Dialogues with China and Vietnam. The Commission does not propose responding to all of the terms of reference. Because the Commission’s direct involvement in the Dialogue process is quite limited, it is not in a position to provide highly insightful comments on all areas being covered by the inquiry. As such, this submission addresses two of the terms of reference: -
Legal14 December 2012Webpage
Northern Territory National Emergency Response Legislation
Central to the values to which the Government gives expression is an unqualified commitment to racial equality and to eliminating racial discrimination. This is a non-negotiable tenet of our own national cohesion, reflected in our racial diversity, and it must remain a guiding principle of our international behaviour. The rejection of racial discrimination is not only a moral issue, it is fundamental to our acceptance by, and engagement with, the region where our vital security and economic interests lie. -
14 December 2012Book page
Re: Living Wills Discussion Paper: NSWGT
The Guardianship Tribunal has authority under the Guardianship Act 1987 (NSW) to appoint substitute decision-makers for adults with disabilities who are unable to make their own decisions. The Tribunal also has functions as a substitute decision-maker for medical and dental treatment proposed for adults unable to give a valid consent to their own treatment.