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Legal14 December 2012Webpage
SJU: Submission to Inquiry into Aboriginal Customary Law in NT
To access the Executive Summary of the Aboriginal and Torres Strait Islander Social Justice Commissioner's Submission to the Northern Territory Law Reform Committee Inquiry into Aboriginal Customary law in the Northern Territory click here. -
Legal14 December 2012Webpage
Amicus - Hervey Bay:
If the court concerned is satisfied that there has been unlawful discrimination by any respondent, the court may make such orders (including a declaration of right) as it thinks fit, including any of the following orders or any order to a similar effect: -
Legal14 December 2012Webpage
Security legislation review
1.1 The Human Rights and Equal Opportunity Commission ('HREOC') is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOCAct'). It is Australia's national human rights institution. -
Legal14 December 2012Webpage
Commission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need for an effective remedy is a need of non-citizens affected by decisions made under the Migration Act 1958 (Cth) ("the Act"). -
Legal14 December 2012Webpage
Morton v. Queensland Police Service (2010)
The Australian Human Rights Commission (‘the Commission’) has sought leave to appear as amicus curiae in these appeal proceedings. The Commission does not argue for a particular outcome in the appeal, but rather seeks to identify the relevant principles of law for the assistance of the Court. -
Legal14 December 2012Webpage
Submission to the Joint Standing Committee on Treaties
1. This submission is made by the Human Rights and Equal Opportunity Commission (the "Commission") in response to the terms of reference issued by the Joint Standing Committee on Treaties inquiry into the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment ("Optional Protocol").[1] -
Legal14 December 2012Webpage
Inquiry into Access to Justice (2009)
The Australian Human Rights Commission (the Commission) makes this submission to the Senate Legal and Constitutional Affairs Committee in its Inquiry into Access to Justice. -
Legal2 August 2017Submission
Australian Citizenship Legislation (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017
The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Legislation Committee’s inquiry into the Australian Citizenship Legislation (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 (Cth) introduced by the Australian Government. -
Legal14 December 2012Webpage
Submission: NTA Amendment Bill 2006
It is essential at all times when the reform of native title law is contemplated, that the historic importance of the recognition of native title to the building of a more just Australia, be kept squarely in mind. The law of native title provides for the limited recognition and protection of what remains of the traditional property rights of Indigenous Australian peoples that were unjustly ignored and denied for the first 200 years of European settlement. -
Legal14 December 2012Webpage
Native Title Amendment (Reform) Bill 2011
Recommendation 2: The Committee recommend the Australian Government commission an independent inquiry to review the operation of the native title system and explore options for native title law reform, with a view to aligning the system with international human rights standards, including the United Nations Declaration on the Rights of Indigenous Peoples. -
Legal14 December 2012Webpage
Commission submissions: Katinyeri
1. The Human Rights and Equal Opportunity Commission ("the Commission") by notice of motion dated 24 December 1997, has sought leave to intervene in these proceedings pursuant to ss.11(1)(o)of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the Act") relying upon the affidavit of Christopher Dominic Sidoti sworn on 24 December 1997. -
Legal14 December 2012Webpage
Commission submission - s134
1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the dicta of Dixon J in R v Hickman; Ex Parte Fox and Clinton (1945) 70 CLR 598 ("Hickman") are applicable to the provisions of the Act, including s 474. -
Legal14 December 2012Webpage
National Human Rights Consultation - Appendix 2
The Declaration recognises the legitimate entitlement of Indigenous people to all human rights – based on principles of equality, partnership, good faith and mutual benefit... -
Legal14 December 2012Webpage
Commission submissions: Al Masri
1. The Human Rights and Equal Opportunity Commission (the "Commission") files these written submissions pursuant to the orders entered 24 September 2002. The Commission makes no submissions on the respondent's motion of 18 September 2002. On the assumption that the appeal is competent, the Commission's submissions address the proper construction of s.196 of the Migration Act 1958 (Cth) (the "Act"). -
Commission – General14 December 2012Speech
President speech: Using human rights to inform administrative decision-making
The right to non-discrimination on the basis of sex and immigration regulations: Abdulaziz, Cabales and Balkandali v The United Kingdom (28 May 1985) Eur Court HR -
Legal14 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. -
Legal14 December 2012Webpage
Submission: Anti-Terrorism Bill (No 2) 2005
Recommendation 1: The Bill should be amended to include additional sub-clauses (in s105.4(4) and (6)), which require the issuing authority to be satisfied that the purpose for which the order is made cannot be achieved by a less restrictive means. -
Legal14 December 2012Speech
Law Seminar 2007: The Northern Territory National Emergency Response Legislation by Dr Sarah Pritchard
1. That Aboriginal child sexual abuse in the Northern Territory be designated as an issue of urgent national significance by both the Australian and Northern Territory Governments, and both governments immediately establish a collaborative partnership with a Memorandum of Understanding to specifically address the protection of Aboriginal children from sexual abuse. It is critical that both governments commit to genuine consultation with Aboriginal people in designing initiatives for Aboriginal communities.” (emphasis added) -
Legal14 December 2012Webpage
Consolidation of Commonwealth Discrimination law
As indicated by the Attorney General and the Minister for Finance and Deregulation in announcing this process, the review of Commonwealth discrimination law offers important opportunities to ensure that discrimination law contributes as effectively as possible, as well as efficiently, to the objectives of the achievement of equality in Australian society and the removal of discriminatory barriers to participation and opportunity. -
Legal6 February 2014Submission
Judicial review of lawfulness of detention (2013)
The Australian Human Rights Commission provides this response to the questionnaire from the Working Group on Arbitrary Detention in relation to judicial review of the lawfulness of detention.