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14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission draws substantially on research papers by Eileen Pittaway and Linda Bartolomei which are currently pending publication. The content of this submission may not be reproduced or quoted without the written permission of these authors. -
Rights and Freedoms13 March 2024Speech
The Commission’s model for a Human Rights Act for Australia
The Australian Human Rights Commission's model proposes a national Human Rights Act, safeguarding rights for all Australians and addressing human rights concerns. It aims to modernize the legal framework. -
14 December 2012Book page
Social Justice Report 2003: Appendix three: Extract from findings of Coronial inquests in petrol sniffing on the Anangu Pitjantjatjara Lands
This appendix contains an extract from the findings of Coroner Chivell in the inquests of the South Australian Coroner's Court into the deaths of three Anangu on the Anangu Pitjantjatjara Lands between 1999-2001.[1] The full findings of the Coroner can be accessed online at the following address:http://www.courts.sa.gov.au/ courts/coroner/findings/findings_2002/kunmanara_ken.finding.htm -
14 December 2012Book page
Valuing Parenthood - Part C
7.1 Introduction 7.2 Health and welfare of mothers and newborn children 7.3 Enabling women to combine work and family 7.4 Direct cost of children 7.5 Economic security for women -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Part II - THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF IMMIGRATION AND MULITCULTURAND AND INDIGENOUS AFFIARS (DIMIA) AND THE SOUTH AUSTRALIAN DEPARMENT OF HUMAN SERVICES (DHS) RELATING TO CHILD PROTECTION NOTIFICATIONS AND CHILD WELFARE ISSUES PERTAINING TO CHILDREN IN IMMIGRATION DETENTION IN SOUTH AUSTRALIA -
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
Human Rights Brief No. 4
Many fundamental freedoms are guaranteed by international human rights law. They include the freedoms of expression, movement and choice of residence, peaceful assembly and association, and the freedom to manifest one's religion or belief. -
14 December 2012Book page
International Review of Indigenous issues in 2000: Australia - 4. National laws contributing to racism, racist practices and / or race related discrimination
On 3 June 1992 the High Court of Australia handed down its decision in Mabo v Queensland (No.2) (1992) 175 CLR 1. This decision constitutes the first recognition of indigenous property rights at common law in Australia. The Court rejected the previously existing view that Australia was terra nullius (or land belonging to no-one) upon settlement by Europeans in 1788. -
Legal14 December 2012Webpage
CERD: Concluding observations - Australian 2005
1. The Committee considered the 13 th and 14 th periodic reports of Australia, respectively due in 2000 and 2002, submitted as one document (CERD/C/428/Add.2), at its 1685 th and 1686 th meetings (CERD/C/SR/1685 and 1686), held on 1 and 2 March 2005. At its 1699 th meeting, held on 10 March 2005 , it adopted the following concluding observations. -
Disability Rights14 December 2012Webpage
DDA Decline/termination decisions: Education
Explore a summary of decisions regarding complaints submitted to the Commission that were declined by the Disability Discrimination Commissioner. -
Rights and Freedoms14 December 2012Speech
A Human Rights Act for Australia
I would also like to acknowledge the presence of Members of Parliament - Mike Reynolds (Speaker of the Legislative Assembly), Linda Lavarch, Dean Wells, Evan Moorhead; Christine Smith, Desley Scott, Kate Jones, Dianne Reilly and Vicky Darling. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The National Ethnic Disability Alliance (NEDA) is the peak body in Australia for people from a non-English speaking background (NESB) with disability, their families and carers. -
14 December 2012Book page
Native Title Report 2005 : Chapter 2 : Existing legal framework and leasing options
The ownership, particularly communal ownership of land by Indigenous people began in 1976 with the introduction of land rights legislation in the Northern Territory (the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA (NT)). -
14 December 2012Book page
HREOC Report No. 21
This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission (the Commission) following an inquiry conducted by the Commission.[1] The inquiry related to a complaint by Amnesty International Australia (Amnesty) against the Commonwealth of Australia (the Commonwealth), Department of Immigration, Multicultural and Indigenous Affairs (the Department). -
14 December 2012Book page
Native Title Report 2001: Chapter Three: Negotiating co-existence through framework agreements
A stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land is emerging through negotiation and agreement-making. Native title agreements are increasingly seen as an important tool in defining the rights of native title holders over their land. But here, as in other aspects of native title, there is concern that there are currently no mechanisms to safeguard human rights principles. Substantive, just and equitable outcomes are only achieved if there are minimum standards in place to recognize and protect these principles. -
14 December 2012Book page
Social Justice Report 2004 : Appendix 2: How the Racial Discrimination Act 1975 applies to Shared Responsibility Agreements
The Racial Discrimination Act 1975 (Cth) (RDA) makes it unlawful to discriminate on the basis of race, colour, descent or national or ethnic origin. The proscriptions of unlawful discrimination in the RDA potentially apply to Shared Responsibility Agreements (SRAs), including: -
14 December 2012Book page
Native Title Report 2001: Introduction
Native title was recognised by the High Court, nearly ten years ago, on 3 June 1992. The Mabo decision [1] gave recognition to the unique and profound relationship that Indigenous people have always had with their land. -
14 December 2012Book page
Native Title Report 2001: Appendix 2
Native title agreements are emerging as an important tool in defining the rights of native title holders over their land. As Aboriginal and Torres Strait Islander Social Justice Commissioner I welcome negotiation and agreement-making as a way of establishing a stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land. However I am concerned that throughout this process there are currently no mechanisms to ensure that the human rights of Indigenous people are being respected. -
Legal14 December 2012Webpage
Submission - Proposed WA Human Rights Act (2007)
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. -
14 December 2012Book page
5. Protecting the Human Rights of Children in Immigration Detention
Australia is responsible for ensuring that all children in its jurisdiction can enjoy all applicable human rights, including those in the Convention on the Rights of the Child (CRC), International Covenant on Civil and Political Rights (ICCPR) and Refugee Convention. That responsibility may be executed through legislation, executive action and the judicial system. Subject to the Australian Constitution, some of those functions may be fulfilled by State legislatures, executive bodies, courts or private entities.