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Legal
14 December 2012WebpageFederal Discrimination Law: Chapter 2 - The Age Discrimination Act
The ADA commenced operation on 23 June 2004. At the date of publication there have been a limited number of cases in which the ADA has been considered[1] and there has not yet been a successful claim of unlawful age discrimination. This chapter therefore focuses on the background to the legislation and its significant features as well as highlighting some similarities and differences with other federal unlawful discrimination laws that may be relevant to its interpretation and application.[2] -
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). -
14 December 2012Book page
Social Justice Report 2005 :
The Aboriginal and Torres Strait Islander Commission (ATSIC) was established in 1990 by the Aboriginal and Torres Strait Islander Commission Act 1989 (Cth). The Act made provisions for the establishment of 35 representative Regional Councils on behalf of Aboriginal and Torres Strait Islander communities in Australia. -
Rights and Freedoms
26 September 2016SpeechHuman rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS GILLIAN TRIGGS [*] (Annual Tony Blackshield Lecture delivered at Macquarie Law School, Macquarie University, 5 November 2015) I It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the ... -
Rights and Freedoms
14 December 2012Speech
"The local face of global justice policy": Dr Sev Ozdowski OAM (2004)
Firstly I would like to acknowledge the traditional custodians of the land on which we stand and by so doing remind ourselves that Australia's cultural traditions stretch back many thousands of years and express our aspirations for Australians of the future to be socially just and inclusive. -
Rights and Freedoms
14 December 2012Speech
“The Relevance of Human Rights in Contemporary Australia”: Dr Sev Ozdowski OAM (2003)
1. Introduction 2. Emergence of International Human Rights 3. Impact of international human rights law on federal law 4. Moving forward on human rights protection -
14 December 2012Book page
It's About Time - Chapter 3
3.1 Introduction 3.2 Australia's human rights obligations for workers with family and carer responsibilities 3.3 Limitations of federal discrimination law 3.4 The need for law reform 3.5 Conclusion -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechSite navigation
In championing the cause of universality (of human rights) I should emphasise that universality does not negate cultural diversity; on the contrary, I believe that it reinforces and protects cultural diversity. -
14 December 2012Book page
Native Title Report 2000: Chapter 4: Indigenous heritage
The recognition of native title by the High Court in 1992 was a significant development in the legal apparatus for protecting Indigenous culture. Under the concept of native title it is possible that sacred and significant sites and objects might be protected, not within the historical category of Aboriginal heritage, but as matters valued in contemporary Indigenous culture with current significance to a people whose culture is ongoing. In addition, under native title such protection could be provided, not as an act of beneficence by government, but as a matter of legal right. -
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. -
Legal
14 December 2012Webpage
Submission to Australian Government Department of Education, Employment and Workplace Relations on the Discussion Paper, National Employment Standards Exposure Draft (2008)
The Human Rights and Equal Opportunity Commission (HREOC) makes this submission to the Australian Government Department of Education, Employment and Workplace Relations in response to the Australian Government’s invitation to make comment on the National Employment Standards Exposure Draft Discussion Paper. -
Legal
14 December 2012Webpage
Commission Submission - ON COMMON DIFFICULTIES FACING ABORIGINAL WITNESSES
The communication difficulties that may be faced by Aboriginal people in the legal system have long been recognised.1 In the Queensland context, these have been well documented by Dr Diana Eades 2 and the Criminal Justice Commission (CJC).3 These issues are also dealt with in detail in the Equal Treatment Benchbook of the Supreme Court of Queensland (‘the Queensland Benchbook’)4 and in Aboriginal English in the Courts: A Handbook, (‘The Queensland Handbook’) prepared by the Queensland Department of Justice and Attorney-General to assist judges and other members of the l -
Legal
14 December 2012Webpage
Post Implementation Review of the Fair Work Act 2009
We have found that employees in the SACS industry are predominantly women and are generally remunerated at a level below that of employees of state and local governments who perform similar work. [6] -
14 December 2012Book page
AusHRC 47: Mr Heyward v Commonwealth of Australia (Department of Immigration and Citizenship)
I attach my report of an inquiry into the complaint made pursuant to sК11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Heyward. -
Legal
19 August 2013Submission
Information concerning Australia and the Convention on the Rights of Persons with Disabilities
Australian Human Rights Commission Submission to the UN Committee on the Rights of Persons with Disabilities 1 Introduction This submission is made by the Australian Human Rights Commission, Australia’s national human rights institution. It outlines a number of issues that the Commission suggests should be considered by the Committee on the Rights of Persons with Disabilities as it develops a List ... -
14 December 2012Book page
Native Title Report 2009: Chapter 2
Despite the High Court’s landmark decision, Australian courts, governments and non-Indigenous people have struggled to accept fully the rights of Indigenous peoples to their lands, waters and territories. In successive court decisions, our cultures have been viewed through a non-Indigenous lens, with our rights separated and eliminated one by one. -
Disability Rights
14 December 2012WebpageDDA conciliation: employment
A man who had applied for a managerial position complained that he had been unsuccessful because of a previous back injury and workers compensation claims. -
28 October 2013Book page
2 Onshore detention and processing
2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained in ... -
Aboriginal and Torres Strait Islander Social Justice
12 May 2015Speech
Rob Riley Lecture
Thank you Sue for your kind introduction and Simon (Forrest) can I acknowledge your warm welcome and can I reciprocate by paying my respects to the Whadjuk people of the Noongar nation, the traditional owners of the place that is now known as Perth. I thank you for allowing me on your country. I salute the Elders who are here today, those that have gone before us, and those who are yet to come. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 14
When people enter an aged care facility they usually have to pay certain daily fees and other payments to fund their care and residence. The Aged Care Act 1997 (Cth) (the Aged Care Act) sets out how those fees and payments should be calculated in both public and private aged care facilities.