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14 December 2012Book page
Annual Report 2002-2003: Chapter 3
Where a complaint is made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) alleging breaches of human rights and discrimination in employment, the President or his delegate may report to the Attorney-General where conciliation cannot resolve the matter and an inquiry has satisfied the President there has been a breach of human rights or discrimination in employment. The Legal Section assists the President or his delegate to inquire into the complaints and prepare reports to the Attorney-General. -
14 December 2012Book page
HREOC Report No. 24
This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission [1] (the Commission) following an inquiry conducted by the Commission. The inquiry related to a complaint by Amnesty International Australia (Amnesty) on behalf of Mr PH1, Mr PH2, Mr PH3, Mr PH4 and Mr PH5 (the asylum seekers) against the Commonwealth of Australia (the Commonwealth), Department of Immigration, Multicultural and Indigenous Affairs (the Department). -
Legal14 December 2012Webpage
Commission submissions:the Queen
Apart from the express statutory authority for such intervention it would appear that the non party intervention may only be allowed where the intervener can provide arguments or facts which will contribute to the Court's reaching an informed decision, and where the significance of those arguments or facts is sufficient to outweigh any expense and/or delay which may be caused to the parties by such intervention. -
14 December 2012Book page
Towards Accessible Telecommunications for People with Disabilities
2.1 Introduction 2.2 Telephone Network Evolution 2.2.1 Mainstream Technology Developments 2.2.2 Customer Access Alternatives 2.2.3 Implications for People with Disabilities 2.3 Wireless Communications 2.3.1 Mainstream Developments in Mobile Telecommunications 2.3.2 Implications for People with Disabilities 2.4 Development of the Internet 2.4.1 Mainstream Internet Development 2.4.2 World Wide Web 2.4.3 Media Streaming 2.4.4 Customer Access to the Internet 2.4.5 Implications for People with Disabilities 2.5 Next Generation Networks and Convergence 2.6 Telstra and Optus Initiatives 2.6.1 Telstra -
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. -
Disability Rights14 December 2012Speech
Human rights for people with intellectual disabilities in Australia: where to from here?
I will not speak in detail about human rights conventions and disability because this topic is addressed by my co-speaker in this session, Karl Lachwitz. I will say though that international human rights law and human rights debate has not yet acknowledged adequately or sufficiently clearly that people with a disability are part of what the "human" in human rights means. Equally, there has not always been enough attention to human rights dimensions in disability discourse. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 8: Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the FMC and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) and the Federal Magistrates Act 1999 (Cth).1 -
Disability Rights14 December 2012Speech
Risky Business?
I make this acknowledgment in all my public presentations, because recognising the indigenous history of this land is an important element in recognising the truth of our diversity as a people. -
Disability Rights14 December 2012Speech
Recognition matters: Human rights and the rights of carers
For thousands of years, Aboriginal groups, who might spend much of their time living far apart in the expanses of this land, pursuing separately the business of survival, would come together at times to meet, to trade, sometimes to resolve differences, but also to exchange knowledge for mutual benefit. -
Rights and Freedoms14 December 2012Speech
"Immigration Detention - the Current Position"
The Australian HR protection system is a direct result of the history and development of white settlement in this country. If you compare us with the United States, we Australians had no free settlement, no War of Independence and little or no nation building by private entrepreneurship; rather it was done by way of British government fiat. -
14 December 2012Book page
Social Justice Report 2004 : Chapter 2 : Walking with the Women - Addressing the needs of Indigenous women exiting prison
Introduction Pre and post-release programs for Indigenous women exiting prison An overview of Indigenous women in corrections Intersectional discrimination - Addressing the distinct experiences of Indigenous women Post-release programs for Indigenous women exiting prison - common themes from consultations Policy and programs relating to Indigenous women exiting prison Post-release housing programs for Indigenous women exiting prison Healing programs for Indigenous women exiting prison Conclusion Endnotes Introduction -
28 October 2013Book page
4 Proposed policy changes
Prior to the federal election on 7 September 2013, the then Opposition announced a number of policies which it would implement, if elected, to deter asylum seekers arriving in Australia by boat and to reform Australia’s refugee status determination process. Some of the key proposals which are relevant to the Commission’s mandate are briefly considered below. 4.1 Temporary Protection Visas When in ... -
14 December 2012Book page
Community arrangements -asylum seekers, refugees and stateless persons
This year marks the twentieth anniversary of Australia’s introduction of mandatory immigration detention and the eighteenth anniversary of the system of mandatory, indefinite immigration detention. In the current context, it is apt to recall that mandatory detention was introduced in reaction to the arrival of asylum seekers by boat, with concerns about a potential ‘influx’ spurring bipartisan support for increasingly tough measures on persons who arrived in Australia without a visa.[8] -
Legal14 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 2010: Executive Summary
It is with great pleasure that I present my second Native Title Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. I launched my first Report, the Native Title Report 2010 in February 2011. These reports are produced each year in accordance with the requirement under the Native Title Act 1993 (Cth) (Native Title Act) for me to report annually on the impact of the Native Title Act on the exercise and enjoyment of the human rights of Aboriginal and Torres Strait Islander peoples.[1] -
Legal14 December 2012Webpage
Northern Territory Emergency Response Review Board
The government has an obligation to take action to address violence and abuse, particularly where there is evidence that is it widespread. Governments that fail to do so are in breach of their obligations under the Convention on the Rights of the Child (CRoC), the International Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). -
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. -
14 December 2012Book page
HREOC Report No. 20
10.1 Whether there was an act or practice in terms of the HREOC Act 10.2 Whether there was a distinction, exclusion, or preference on the basis of criminal record 10.3 Whether the distinction, exclusion or preference nullified or impaired equality of opportunity or treatment in employment or occupation 10.4 Whether the distinction, exclusion or preference was based on the inherent requirements of the job -
14 December 2012Book page
Social Justice Report 2000: Chapter 1: Introduction
The past year has been one of great contrasts. On the one hand, we have experienced the apparent harmony and healing of the walk across the Sydney Harbour Bridge and similar walks in other states and on the other hand, the national outpourings of grief and anger at the death of a 15-year-old boy in custody in Don Dale Detention Centre in Darwin in February. -
Legal14 December 2012Webpage
kendell exemption decision
The Human Rights and Equal Opportunity Commission gives notice of a decision made on 22 August 2000 under section 57 of the Disability Discrimination Act 1992 ("DDA") concerning accessibility of small aircraft.