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Legal
14 December 2012WebpageCommission submissions: P v P
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's view should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child. -
15 April 2014Book page
Part two: Progress in the national effort to close the gap
(a) Progress against the achievement of life expectancy equality In 2009, the ABS began to estimate Aboriginal and Torres Strait Islander life expectancy over periods of three years (to have a greater deaths certificates ‘pool’ than that provided by one-year periods) and to use the five-yearly Censuses to verify the accuracy of the identification of Aboriginal and Torres Strait Islander people on ... -
Disability Rights
14 December 2012SpeechAdvancing equality in education and beyond
Allow me to begin by acknowledging the people of the Wurundjeri nation, the traditional owners of the land on which we meet, and pay my respects to their elders both past and present. -
Asylum Seekers and Refugees
10 April 2013PublicationHuman rights issues raised by the transfer of asylum seekers to third countries
Human rights issues raised by the transfer of asylum seekers to third countries’ sets out the Australian Human Rights Commission’s position in relation to steps taken recently by the Australian Government to transfer asylum seekers who arrive in Australia by boat to third countries for the processing of their claims for protection. -
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 -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
The current submission recognises the need to move beyond mere critique of the status quo and focus resources on the development of viable alternatives. To be feasible any such model must satisfy the legitimate concerns of the government while upholding the fundamental right of freedom of movement. -
Legal
14 December 2012Webpage
Australian Human Rights Commission Submission to the Joint Select Committee on Australia’s Immigration Detention Network (2011)
The Australian Government should implement reforms it announced in 2008 under which immigration detention is to be used as a last resort and for the shortest practicable period, people are to be detained in the least restrictive environment appropriate to their individual circumstances, and there is a presumption that people will be permitted to reside in the community unless they pose an unacceptable risk. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This Office issued a formal report on Immigration Detention Centres in March 2001 which contained a number of recommendations to DIMIA for improvements in arrangements for children. The investigation was conducted following complaints and a number of reported incidents including escapes and allegations of assault on detainees. It revealed evidence at every immigration detention facility of self-harm, damage to property, fights and assaults which suggested that there were systemic deficiencies in the management of detainees, including women and children. -
14 December 2012Book page
The Overlooked Consumers
Thanks to Chris Law, Daryle Gardiner-Bonneau, Ash Donaldson, David Hobbs, Lloyd Walker, Jane Bringolf, Luisa Ferronato, Margaret Brown, Tony Starkey, Greg Killeen, James Tobias, Jane Berliss-Vincent, James Mueller, Judith Dixon, Jason White, Robert Pedlow, Amanda Tink and Vivien Palcic. -
Legal
14 December 2012Webpage
Submission to the Law Reform Commission
"Not every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation, as required by article 4, paragraph 1. The Covenant requires that even during an armed conflict measures derogating from the Covenant are allowed only if and to the extent that the situation constitutes a threat to the life of the nation. If States parties consider invoking article 4 in other situations than an armed conflict, they should carefully consider the justification and why such a measure is necessary and legitimate in the circumstances. -
Legal
14 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. -
Commission – General
14 December 2012SpeechPresident 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. -
14 December 2012Book page
Native Title Report 2008 - Chapter 4
I am convinced that climate change, and what we do about it, will define us, our era, and ultimately the global legacy we leave for future generations. Today, the time for doubt has passed.[1] Ban Ki-moon, Secretary-General, United Nations -
Legal
14 December 2012Webpage
Age Discrimination Legislation
Response to information paper containing proposals for Commonwealth Age Discrimination Legislation -
14 December 2012Book page
Native Title Report 2000: Summary
The reconciliation process has made clear the pressing need for Aboriginal peoples to negotiate freely the terms of their continuing relationship with Australia. The report shows that the recognition of Indigenous people's right to their land and the origins of a nation are inextricably related and that changes to one part of the relationship infer and require changes to the other. Developments in native title law reflect upon the ethical foundations of the nation.(p44) -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Commonwealth has some statutory obligations to set standards: eg, under the Quarantine Act 1908 (see below), and the Therapeutic Goods Act 1989 (to provide a national framework for the regulation of therapeutic goods in Australia and ensure their quality, safety and efficacy). -
31 January 2013Webpage
2006 Human Rights Medal and Awards Winners
The 2006 Medal and Awards presentation ceremony was held on 7 December 2006 at a luncheon at the Sheraton on the Park hotel in Sydney. The Human Rights Day address was delivered by Commission President, the Hon. John von Doussa QC and Julie McCrossin was the MC. The judges of the 2006 Human Rights Medal and Awards who give their time and expertise on a voluntary basis included: Professor ... -
Legal
14 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: -
Legal
14 December 2012Webpage
Inquiry into the Fair Work Bill 2008 (2009)
The Australian Human Rights Commission (the Commission) makes this submission to the Senate Education, Employment and Workplace Relations Committee in its Inquiry into the Fair Work Bill 2008. -
Legal
14 December 2012Webpage
Native title payments discussion paper – Optimising Benefits from Native Title Agreements
The Aboriginal and Torres Strait Islander Social Justice Commissioner has produced 15 Native Title Reports which include analyses and recommendations on the operation of the native title system and its effect on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples.[1] Particularly relevant is the Native Title Report 2003, which provides a detailed comparative analysis of the international context of Indigenous peoples and agreement-making, concerning their lands, waters and natural resources.