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Legal
14 December 2012WebpageDiscussion Paper "Australia's Children: Safe and Well - A National Framework for Protecting Australia's Children"
“If the measures were targeted solely to parents or families in need of assistance to prevent neglect or abuse of children, as they are in s123UC of the legislation, then some form of income management may be capable of being seen as an appropriate exercise of the governments ‘margin of discretion’ to ensure that families benefit from welfare and receive the minimum essentials for survival.”[13] -
14 December 2012Book page
Social Justice Report 2001: Chapter 3: Indigenous governance and community capacity-building
Last year’s Social Justice Report noted that to date there has been insufficient attention by governments to processes which ensure greater Indigenous participation and control over service design and delivery as part of an overall strategy to redress Indigenous disadvantage and economic marginalisation. I observed that: -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
Legal
14 December 2012Webpage
R v Cheung
HIS HONOUR: The accused Cheung Ying Lun also known as Garry Cheung is to stand trial in this court on 15 February 1993 upon an indictment charging that between 1 August 1988 and 12 May 1989 he was knowingly concerned in the importation into Australia of a quantity of heroin exceeding the commercial quantity. -
Rights and Freedoms
1 May 2013PublicationHuman rights issues raised by the third country processing regime
The Commission recognises the importance of effective border management and recognises that Australia has a right as a sovereign State to exclude non-citizens from its territory. However, Australia also has international obligations in relation to asylum seekers who come here, including those who arrive by boat, which must be observed in its border management practices. This paper provides a brief outline of the recent changes and highlights the key human rights concerns raised by the third country processing regime. -
Disability Rights
1 December 2017PublicationWorking towards Equality for People with Disability
In 2016 – 2017, Disability Discrimination Commissioner, Alastair McEwin, spoke to many people with disability about their lives and the changes they need. Based on what he was told, this document outlines the big issues the Commissioner will focus on to improve the lives of people with disability over the next four years. -
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 -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
DR OZDOWSKI: It is 9.30 so we will start another day off, formal hearings. My name is Dr Sev Ozdowski and I'm the Human Rights Commissioner. To my right is Dr Trang Thomas, Professor of Psychology at the Royal Melbourne Institute of Technology and to my left Mrs Robin Sullivan, Queensland's Children's Commissioner. Both of them do assist me with the Inquiry as Assistant Commissioners. Also, on my left Ms Vanessa Lesnie who is Secretary to the Inquiry. -
14 December 2012Book page
Bringing them Home - Chapter 22
Adoption is the transfer, generally by order of a court, of all parental rights and obligations from the natural parent(s) to the adoptive parent(s). In Australia, legal adoption is relatively recent. It was first introduced in 1928 in Victoria, for example. Until very recently adoption involved near-total secrecy, partly in deference to the desire of adoptive parents to present the child as their own and partly because of the stigma of illegitimacy which typically attached to adopted children. -
14 December 2012Book page
Native Title Report 2004 : Chapter 1 : The Consultations
During the 2004 reporting period I have embarked on a series of consultations focusing on the ideas and principles that were contained in a Discussion Paper, released by my predecessor as Social Justice Commissioner in June 2003. The Discussion Paper was entitled Promoting Economic and Social Development through Native Title (at Annexure 1). This chapter seeks to record and develop the ideas and discussions that were generated in the consultation process. 1 -
Commission – General
14 December 2012SpeechWhy we need an Australian Bill of Rights - a Joint Forum
The first is that HREOC has been suggesting for a considerable time that there needs to be renewed public debate on whether Australia should have a charter of human rights of some sort. It seems that the launch of the New Matilda campaign will give momentum to such a debate. A lot has changed, both nationally and internationally since the unsuccessful attempts of the 1970s and the 1980s to interest Australians in a bill of rights. As is so often said, Australia has now become the only major Western democracy that does not have a bill of rights. -
14 December 2012Book page
Native Title Report 2008 - Chapter 5
Climate change has been regarded as a diabolical policy problem globally. The potential threat to the very existence of Indigenous peoples is compounded by legal and institutional barriers raise distinct challenges for our cultures, our lands and our resources.[1] More seriously, it poses a threat to the health, cultures and livelihoods of Indigenous peoples both here in Australia and around the world. -
14 December 2012Book page
8. Safety of Children in Immigration Detention
Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding ... Convention on the Rights of the Child, Preamble -
Legal
14 December 2012Webpage
Submission on Extradition review discussion paper
1.1 The Human Rights and Equal Opportunity Commission (‘HREOC’) is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’). It is Australia's national human rights institution. 1.2 Its functions are set out in section 11(1) of the HREOC Act and include the power to promote an understanding and acceptance, and the public discussion, of human rights in Australia. -
Commission – General
14 December 2012Speech
Reconciling human rights and counter-terrorism – a crucial challenge
I would like to acknowledge that we are meeting on the traditional country of the Girringun people and pay my respects to their elders past and present. -
Commission – General
14 July 2014Publication
Strategic Plan 2014-2018
Foreword I am pleased to present the Australian Human Rights Commission’s Strategic Plan for 2014-18. The plan provides a roadmap that guides our key activities over the coming four year period. As an organisation we seek to be innovative and agile in how we continue to improve our operations and ensure maximum benefit for the Australian community. The plan meets the Commission’s new legal ... -
14 December 2012Book page
Towards Accessible Telecommunications for People with Disabilities
Background and Purpose Disability Statistics DDA Telecommunications Complaints Technology and Service Access Fixed Line Telephony Cellular Mobile Telephony Internet Connectivity Next Generation Networks Policy and Regulation Telecommunications Act 1997 TCPSS Act 1999 Disability Discrimination Act Consumer Representation and Consultation Major Issues for People with disabilities Disability Equipment Programs Any-to-any Text Connectivity Telecommunications Disability Standard Mobile Phones Videocommunication Payphones Overseas Developments Conclusion -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Letter to Mr Philip Ruddock MP 31/01/2002 Letter to Mr Philip Ruddock MP 22/02/2002 Letter to Mr Philip Ruddock MP 21/03/2002 Letter to Mr Philip Ruddock MP 03/04/2002 Letter to Mr Philip Ruddock MP 29/04/2002 Letter to Mr Philip Ruddock MP 06/05/2002 Letter to Mr Philip Ruddock MP 09/06/2002 -
Disability Rights
14 December 2012Webpage
Public transport FAQ
The DDA states (in section 34) that actions that comply with a Disability Standard are protected from being unlawful under the general anti-discrimination provisions of the DDA. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Department of Justice and Youth Studies at the Royal Melbourne Institute of Technology The Department of Justice and Youth Studies (JYS) is part of the Faculty of Education, Language and Community Services (FELCS) at RMIT University. JYS offers undergraduate courses in Criminal Justice Administration and Youth Affairs, as well as Masters by Research and PhD programs.