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Legal14 December 2012Webpage
Morton v Queensland Police Service D75/08. (2008)
The Human Rights and Equal Opportunity Commission (‘the Commission’)[1] has been granted leave to appear as an amicus curiae in the hearing of this appeal. -
Legal14 December 2012Webpage
No. V 470 of 2002
1. The Human Rights and Equal Opportunity Commission (the 'Commission') files these written submissions pursuant to the orders entered on 13 September 2002. The Commission makes no submissions on the issue of whether the Minister should be granted leave to appeal from the judgment and orders of Merkel J. On the assumption that such leave is granted, the Commission's submissions address the proper construction of s.196 of the Migration Act 1958 (Cth) (the 'Act'). -
Legal14 December 2012Webpage
Submission: Sex Discrimination Amendment Bill (No 1) 2000 (Cth)
1.1 The amendments effected by the Sex Discrimination Amendment Bill (No 1) 2000 (Cth) ("the Amendment Bill") go to the core of the guarantee of non discrimination contained in the Sex Discrimination Act 1984 (Cth) ("the SDA"). 1.2 The provisions of the Amendment Bill are of great concern to the Human Rights and Equal Opportunity Commission ("the Commission") and the Sex Discrimination Commissioner ("the Commissioner") for a number of reasons outlined below. -
Legal14 December 2012Speech
Dignity, Fairness and Good Government: The Role of a Human Rights Act - Lord Bingham
It would clearly test to destruction the tolerance of the ordinary red-blooded Australian to have a Pom getting off the plane from London and telling them how to run their country. So I shall not presume to say how the current human rights debate in this country should be resolved. But perhaps I may contribute some thoughts, prompted by our own experience in the United Kingdom, acknowledging as I do so that the Australian context, while in some ways similar, is in others significantly different. -
Legal14 December 2012Webpage
SAGE: Submission to Inquiry into Aboriginal Customary Law in NT
The Aboriginal and Torres Strait Islander Social Justice Commissioner has also made a submission to this inquiry. To access that submission click here. -
Legal14 December 2012Webpage
Review of Counter-Terrorism and National Security Legislation
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. -
Legal14 December 2012Webpage
Migration Matters
This submission is made by the Human Rights Commissioner on behalf of the Human Rights and Equal Opportunity Commission (‘the Commission’) in response to the Terms of Reference issued by the Select Committee on Ministerial Discretion in Migration Matters. -
Legal14 December 2012Webpage
Inquiry into Stolen Wages
Only about 10% of people potentially affected took part in the consultation process; it was presented as a once only 'take it or leave it' offer, placing considerable stress on people often living in dire economic circumstances; there was a lack of independent legal advice on the implications of accepting the offer; and there was significant confusion as to the purpose of the consultations...[10] -
Legal14 December 2012Webpage
Submission - Access To Aboriginal Land Under The Northern Territory Land Rights Act February 2007
The Human Rights and Equal Opportunity Commission (HREOC) welcomes the opportunity to comment on the Federal Government"s Discussion Paper: Access to Aboriginal Land under the Northern Territory Aboriginal Land Rights Act - Time for Change? -
Legal14 December 2012Webpage
Questions on Notice 13 May 2003
I refer to the Questions on Notice taken by the Human Rights and Equal Opportunity Commission ("HREOC") during its evidence before the Senate Legal and Constitutional Legislation Committee's Reference on the Australian Human Rights Commission Legislation Bill 2003 ("AHRC Bill") on 29 April 2003 and provide the responses below. -
Legal14 December 2012Webpage
Commission submissions: Mulrunji
The Human Rights and Equal Opportunity Commission (‘the Commission’) seeks leave to appear in this inquest pursuant to s 36(1)(c) of the Coroners Act 2003 (Qld) (‘the Coroners Act’). -
Legal14 December 2012Webpage
Commission submissions: Gunn and Taylor
(gb) Where HREOC considers it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve issues of discrimination on the ground of sex, marital status, pregnancy or potential pregnancy or discrimination involving sexual harassment; -
Legal14 December 2012Webpage
HREOC submission to Inquiry into Immigration Detention in Australia
Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act. -
Legal14 December 2012Webpage
Letter to the Committee against Torture regarding issues for Australia (2010)
Thank you for giving the Australian Human Rights Commission (the Commission) the opportunity to provide information to the Committee Against Torture (the Committee) that is relevant to the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention) in Australia. -
Legal14 December 2012Webpage
Commission Submission - Maslauskas v Qld Nursing
If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’. The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to the circumstances set out in that subsection. -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - Forest v Qld Health
(c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community. -
Commission – General14 December 2012Speech
Equality before the law
In the second century AD, Marcus Aurelius, a Roman emperor and Stoic philosopher, thanked one of his brothers for teaching him to value "the conception of the state with one law for all, based upon individual equality and freedom of speech, and of a sovereignty which prizes above all things the liberty of the subject."1 -
Commission – General14 December 2012Speech
"I'm the boss, so that's the way it is!"
I would like to begin by thanking the Australian Public Service Commission (APSC) for inviting me to address you today, and to thank you for your attendance. -
Legal14 December 2012Webpage
Submission: MIGRATION LITIGATION REFORM BILL 2005
The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Litigation Reform Bill 2005 (‘the Bill’). -
Legal14 December 2012Webpage
Criminal Code Amendment (Trafficking in Persons Offences) Bill 2004
At the hearing held 23 February 2005, the Commission took a number of questions on notice from Senator Ludwig. I am advised that the answers to the Honourable Senator's questions are as set out below.