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25 September 2013Book page
7 Are current regulatory responses sufficient and appropriate?
Current federal anti-discrimination laws would generally apply to cyberspace to the extent that discriminatory behaviour (or harassment) online relates to a protected attribute, and could be said to have occurred in one of the stipulated areas of ‘public’ life. This is particularly clear in relation to the prohibition on sexual harassment under the Sex Discrimination Act 1984 (Cth) (SDA), as this ... -
14 December 2012Book page
3 The Commonwealth’s understanding of the usefulness of biomedical markers for age assessment purposes
This chapter considers the Commonwealth’s approach to the use of biomedical markers to assess age since wrist x-rays became a prescribed procedure for the purpose of age determination following the enactment of the Crimes Amendment (Age Determination) Bill 2001 (Cth). It also considers what each relevant Commonwealth agency knew, or should have known, about the value of specific age assessment processes for the purpose of establishing whether an individual is under the age of 18 years. -
14 December 2012Book page
Native Title Report 2007: Chapter 5
Good functioning of prescribed bodies corporate (PBC)2 is essential to native title. Recognition of native title rights only goes part of the way to redress the historical injustice of land dispossession. Without appropriate means to make decisions about land, the existence of native title makes minimal appreciable difference to Indigenous people. -
14 December 2012Book page
Native Title Report 2011: Chapter 1: Reviewing key developments in the Reporting Period
In this Chapter I review key developments within the native title system that occurred throughout the Reporting Period (1 July 2010 to 30 June 2011) and consider the impact of these events on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples’ human rights. -
14 December 2012Book page
DIAC Response to the 2010 Australian Human Rights Commission Report on Immigration Detention on Christmas Island
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (the Commission) 2010 Report on Immigration Detention on Christmas Island. -
Complaint Information Service14 December 2012Publication
ADR as a tool for social change: a discussion (2008)
Human rights and anti-discrimination law in Australia, as in many countries in the Asia Pacific, provides for complaints about discrimination and violations of human rights to be resolved by conciliation. The use of Alternative Dispute Resolution (ADR) in this context has been criticised. In particular, it has been claimed that the individualised form of the complaint process, coupled with the confidential nature of conciliation outcomes, restricts the social reformative potential of human rights and anti-discrimination law. -
Legal
14 December 2012WebpageSubmission - REVIEW OF THE OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 (2006)
1. The Human Rights and Equal Opportunity Commission (HREOC) welcomes the opportunity to make this submission to the Department of Employment and Workplace Relations on the review of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act). -
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. -
14 December 2012Book page
Justice: African Australians - Compendium (2010)
While feedback in relation to the legal system was actively sought throughout all of the consultations, a number of targeted consultation sessions with individuals and organisations specifically involved or engaged in the legal system were also undertaken. These included: -
Legal
14 December 2012Webpage
Federal 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] -
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. -
Disability Rights
14 December 2012Webpage
DDA conciliation: education
A man complained on behalf of his grandson, a year 6 school student, that reasonable adjustments were not being made to accommodate his disabilities including Attention Deficit Hyperactivity Disorder. He was concerned that his grandson had been suspended on several occasions, and was frequently sent home from school early. -
14 December 2012Book page
Chapter 1: A cause for cautious optimism: The year in review - Social Justice Report 2011
As I reflect on the events that have taken place during the reporting period from 1 July 2010 to 30 June 2011, I see cause for optimism whilst also acknowledging there are still some areas that remain a concern. Over the last year we have reached some major milestones. For instance, we have seen the election of the two co-chairs and a board to the National Congress of Australia’s First Peoples (National Congress), and we are also now engaged in a conversation with the Australian people about how we go about recognising Aboriginal and Torres Strait Islander peoples in our Constitution. -
Disability Rights
14 December 2012Speech
2011 Disability Speech: NSW Careers Forum
RITA KUSEVSKIS-HAYES: Good morning, everybody. If I can ask everyone to take their seats. Good morning, everybody. My name is Rita Kusevskis-Hayes, and I would like to welcome you on behalf of the 2011 Careers Forum Organising Committee to the University of New South Wales. -
Legal
10 October 2017Submission
Information concerning Australia’s compliance with the International Covenant on Civil and Political Rights (2017)
This submission provides information concerning the civil and political rights of key population groups in Australia and other thematic issues engaging civil and political rights. In relation to each section, the Commission has referred to the relevant articles of the ICCPR engaged and (where appropriate) the relevant paragraph of the Committee’s list of issues prior to reporting dated 9 November 2012. -
Commission – General
14 December 2012SpeechSite navigation
Human rights are said to be universal and indivisible. This paper explores how far that universality introduces human rights principles into the functions and work of the Administrative Appeals Tribunal (AAT). The answer, I think, could be “further than you realise”. -
Legal
14 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
Homelessness is a Human Rights Issue (2008)
Access to safe and secure housing is one of the most basic human rights. However, homelessness is not just about housing. Fundamentally, homelessness is about lack of connectedness with family, friends and the community and lack of control over one’s environment. -
14 December 2012Book page
Appendix 1 - Chronology of events relating to the administration of Indigenous affairs, 1 July 2008 – 30 June 2009: Social Justice Report 2009
[1] Minister for Families, Housing, Community Services and Indigenous Affairs, ‘Cape York Welfare Reform Trial to begin’ (Media Release, 1 July 2008). At http://www.jennymacklin.fahcsia.gov.au/internet/jennymacklin.nsf/content/cape_york_welfare_1jul08.htm (viewed 28 July 2008). -
14 December 2012Book page
DIAC Response to the Australian Human Rights Commission’s 2009 Immigration Detention and Offshore Processing on Christmas Island Report
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (the Commission) report on Immigration detention and offshore processing on Christmas Island following its visit to Christmas Island in July 2009.