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Legal
14 December 2012WebpageInquest 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] -
Legal
26 February 2016Submission
Submission to Inquiry into the Regulatory and Legislative Aspects of Surrogacy Arrangements (2016)
Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Surrogacy and human rights 4.1 What is surrogacy? 4.2 Human rights issues in surrogacy arrangements 5 Current regulation of domestic surrogacy in Australia 6 Options for future domestic regulation: increase consistency and certainty domestically 6.1 Previous attempts at national consistency 6.2 Identifying people willing to enter into ... -
Legal
14 December 2012Webpage
Submission: Australia's Future Tax System (Retirement Income System) (2009)
The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the Review Panel on Australia’s future tax system (‘the Review’). The submission specifically addresses Australia’s retirement income system. -
14 December 2012Book page
Chapter 4: Cultural safety and security: Tools to address lateral violence - Social Justice Report 2011
Lateral violence is a multilayered, complex problem and because of this our strategies also need to be pitched at different levels. In Chapter 3 I have looked at the big picture, with the human rights framework as our overarching response to lateral violence. In this Chapter I will be taking our strategies to an even more practical level, looking at how we can create environments of cultural safety and security to address lateral violence. -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 8: Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the FMC and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) and the Federal Magistrates Act 1999 (Cth).1 -
14 December 2012Book page
Chapter 2: Lateral violence in Aboriginal and Torres Strait Islander communities - Social Justice Report 2011
Last year I set out my priorities for my term as Social Justice Commissioner.[1] My priorities revolve around the central idea that to address the disadvantage faced by Aboriginal and Torres Strait Islander peoples and build a more reconciled nation, we need to develop stronger and deeper relationships: -
Legal
14 December 2012Webpage
Submission: Commission intervener
1.1 On 8 February 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.92 of the Family Law Act 1975 (Cth) ("Family Law Act"). -
14 December 2012Book page
Chapter 3 - Introduction: Social Justice Report 2009
When I commenced writing this chapter in 2008, Australia did not have a national Indigenous languages policy. However in August 2009, for the first time in Australia’s history, the Commonwealth Government launched a strategy for preserving Indigenous languages: Indigenous Languages - A National Approach 2009 (National Approach). The National Approach sets out the Commonwealth Government’s plan to preserve Indigenous languages through targeted actions. They are: -
14 December 2012Book page
Native Title Report 2008 - Chapter 3
The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the land. This is despite the Western Australian government openly acknowledging the Noongar peoples as the Traditional Owners of the land. -
14 December 2012Book page
10. Physical Health of Children in Immigration Detention
The human right to health is not simply the right to health care. It is also a right to the underlying determinants of health, including food and nutrition, housing, access to safe drinking water and adequate sanitation, and a healthy environment. -
14 December 2012Book page
14. Unaccompanied Children in Immigration Detention
Most children come to Australia with their parents, but some come alone, either sent by their family for their protection or because they have lost their family in a crisis. -
Legal
14 December 2012Webpage
Family Provisions Test Case
In performing its functions, the Commission must take account of the principles embodied in the Family Responsibilities Convention, in particular those relating to: -
14 December 2012Book page
Chapter 3: Remote Indigenous education: Social Justice Report 2008
...education is the engine room of prosperity and helps create a fairer, more productive society. It is the most effective way we know, to build prosperity and spread opportunity...[1] -
14 December 2012Book page
Chapter 4: Beyond the Apology - an agenda for healing: Social Justice Report 2008
On 13 February 2008 Prime Minister Kevin Rudd, on behalf of the Australian Parliament, made a historic and long overdue national Apology to the Stolen Generations. With eloquence and emotion, Prime Minister Rudd said what so many Australians have wanted to say, and what so many Indigenous peoples have needed to hear: -
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. -
Legal
27 October 2014Submission
Information concerning Australia’s compliance with the Convention Against Torture
Information concerning Australia’s compliance with the Convention Against Torture Submission by the Australian Human Rights Commission 17 October 2014 Download PDF Download Word Table of Contents 1 Introduction 2 Statutory powers of the Australian Human Rights Commission 3 Independent monitoring and inspection mechanisms, including ratification of the Optional Protocol 4 Domestic implementation of ... -
15 July 2014Book page
Chapter 1: How far have we come? Looking back on 20 years of the Social Justice Commissioner role
1.1 Introduction This year marks 20 years since the establishment of the Aboriginal and Torres Strait Islander Social Justice Commissioner (Social Justice Commissioner) role under the Australian Human Rights Commission Act 1986 (Cth). When I first started in this position I was asked if any of the previous Commissioners had left any words or notes of advice. I answered them ‘no, but they all left ... -
Legal
14 December 2012Webpage
HREOC Submission: Productivity Commission on the Inquiry into Paid Maternity, Paternity and Parental Leave
The Human Rights and Equal Opportunity Commission (HREOC) makes this submission to the Productivity Commission in its Inquiry into Paid Maternity, Paternity and Parental Leave (‘the Inquiry’). -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 7 - Damages and Remedies
(4) 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: -
Legal
14 December 2012Webpage
Commission submission - Martizi
1.1 On 5 March 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth).