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14 December 2012Book page
Native Title Report 2008 - Appendix 4
The following international instruments[1] have been placed in tables according to topic area. Note, however, that many of the instruments are relevant to several topic areas. Clauses marked * are relevant to Indigenous knowledge’s. -
Legal14 December 2012Webpage
Commission submissions: Bropho
3. HREOC makes no submissions about the factual findings. These submissions are concerned with the proper legal tests to apply and not the application of the facts under those tests. -
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. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Kristina Barnett - Diversity Directions Inc. Diana Collett - Child & Youth Health and South Australians for Justice for Refugees Tina Dolgopol - President of Action for Children Inc Julie Redman - Chair of the Children and the Law Committee, Law Society of South Australia Rosemary Steen - Chair of the Coalition, Children and the Law Committee, Law Society of South Australia Carey Trundle - Children and the Law Committee, Law Society of South Australia -
Legal14 December 2012Webpage
Inquiry into Cybersafety for Senior Australians 2012
The Australian Human Rights Commission makes this submission to the Joint Select Committee on Cybersafety in its inquiry into Cybersafety for Senior Australians. -
Legal14 December 2012Webpage
Consideration of Australia’s ratification of the Optional Protocol to the Convention against Torture
The Australian Human Rights Commission makes this submission to the Joint Standing Committee on Treaties (JSCOT) in its consideration of Australia’s ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). -
26 March 2014Book page
Appendix 1: ADFA Update
The Report on the Review into the Treatment of Women at the Australian Defence Force Academy (ADFA Review) was tabled in the Australian Parliament on 3 November 2011. The Review into the Treatment of Women at the Australian Defence Force Academy: Audit Report (ADFA Audit) was tabled on 23 July 2013. In releasing the ADFA Audit, the Sex Discrimination Commissioner stated that she would give ADFA ... -
Legal14 December 2012Webpage
Catholic Education Office - Application for Exemption
By this instrument, the Human Rights and Equal Opportunity Commission (the "Commission") declines to grant to the Catholic Education Office, Archdiocese of Sydney (the "CEO") a temporary exemption pursuant to section 44(1) of the Sex Discrimination Act (Cth) 1984 (the "Act"), in relation to the operation of sections 21(2)(a) and 22(1) of the Act. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 3: The Racial Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the subsequent SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination ('ICERD').1 -
14 December 2012Book page
Social Justice Report 2000: Chapter 5: Reparations
The Senate Legal and Constitutional References Committee conducted an inquiry this year into the federal government's implementation of recommendations made by the Human Rights and Equal Opportunity Commission in Bringing them home. The inquiry considered proposals for the establishment of an alternative dispute resolution tribunal for members of the stolen generations; and considered the consistency of the government's response to the recommendations with the reconciliation process and the aspirations and needs of members of the stolen generations. -
14 December 2012Book page
Native Title Report 2000: Chapter 1: Nation in dialogue
The application of human rights principles to native title has been the subject of an ongoing dialogue taking place both nationally and internationally in the reporting period. -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
To those of you who have been following this Inquiry closely, it may be unclear as to why this hearing is taking place as I had said in December 2002 that those would be the last of the Inquiry's hearings. I will therefore briefly set out the history and methodology of the Inquiry to this point which will take us to why we are here today. I will then set out what steps remain to be completed after this hearing is concluded and prior to publication. Finally, I will set out the proposed procedure for today's hearing. Let us start with methodology of the Inquiry to date. -
14 December 2012Book page
A Report on Visits to Immigration Detention Facilities by the Human Rights Commissioner 2001
1.1 Background to this report 1.2 Compliance with human rights obligations 1.3 Conduct of visits 1.4 Overview of immigration detention facilities 1.5 Response by Department of Immigration and Multicultural and Indigenous Affairs -
Legal14 December 2012Webpage
Inquest into the death of Mr Ward (2009)
the provisions of an international convention to which Australia is a party can also serve as an indication of the value placed by Australia on the rights provided for in the convention and, therefore, as indicative of contemporary values.[7] -
14 December 2012Book page
A Time to Value - Part D
Part D of the paper focuses on how a paid maternity leave scheme would actually operate were it to be introduced in Australia. The emphasis, as in the rest of the paper, is on the feedback that HREOC has received through submissions and consultations. Each Chapter canvases the views that were expressed in relation to each component of a national paid maternity leave scheme. -
14 December 2012Book page
Psychological Well Being of Child and Adolescent Refugee and Asylum Seekers
This paper outlines major international research findings of the past ten years reflecting knowledge gathered about the psychological health of child and adolescent refugee/asylum seekers. In doing so, several key areas of consistency are identified. First, with the majority of research in this area centered on the prevalence of psychopathology, and particularly post-traumatic stress symptoms, it has been clearly demonstrated that refugee children and adolescents are vulnerable to the effects of pre-migration, most notably exposure to trauma. -
14 December 2012Book page
Submissions to the Freedom of Religion and Belief in the 21st century project
The Commission received 1937 submissions during the Freedom of Religion and Belief in the 21st century project submission period (17 September 2008 to 28 February 2009). An additional 95 submissions were received after the formal deadline. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission will focus on the current Australian immigration detention regime as it applies to minors. The regime will be examined based on data and information made available by the Department of Immigration and Multicultural and Indigenous Affairs (“DIMIA”) and supporting documentation ranging from government publications, the Flood Inquiry and testimonies given to the Australian Human Rights and Equal Opportunity Commission “HREOC” under oath. -
14 December 2012Book page
The Right to a Discrimination-Free Workplace
The prohibition on discrimination in employment is a relatively recent, but now well-established, feature of the Australian legal environment. Laws prohibiting discrimination in the workplace in Australia date back to 1966 when South Australia introduced the Prohibition of Discrimination Act 1966 (SA), to prohibit discrimination on the grounds of race in aspects of employment and in the provision of goods and services.[1] -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
On my right is Professor Trang Thomas, Professor of Psychology at the Royal Melbourne Institute of Technology and on my left Mrs Robin Sullivan, who is also the Queensland Children's Commissioner. Before the hearing commences I would like to note the following matters. First, the issue of confidentiality and privacy. The Commission believes it is important to respect the privacy of individuals and to protect children in particular. Even where individual cases have been made public elsewhere, individual's names should not be named in this hearing.