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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. -
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 -
14 December 2012Book page
Native Title Report 2001: Chapter One: The Right to Negotiate and Human Rights
The 'right to negotiate' is a fundamental right assured by the Commonwealth Native Title Act (the 'NTA') and reflected in international human rights standards. Yet in practice the capacity of native title parties to exercise their 'right to negotiate' is determined by factors other than the mere existence of the right. Given the primary role of state and territory governments in land administration, their policies regarding the administration of the right to negotiate have a significant impact on native title parties' capacity to exercise their 'right to negotiate'. -
14 December 2012Book page
Native Title Report 2005 : Chapter 2 : Existing legal framework and leasing options
The ownership, particularly communal ownership of land by Indigenous people began in 1976 with the introduction of land rights legislation in the Northern Territory (the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA (NT)). -
Legal14 December 2012Webpage
International Covenant on Civil and Political Rights – List of issues prior to reporting
This submission is made by the Australian Human Rights Commission, Australia’s national human rights institution. It outlines a number of issues that the Commission suggests should be considered by the Human Rights Committee as it develops a List of Issues Prior to Reporting ahead of Australia’s preparation of its sixth periodic report regarding the implementation of the International Covenant on Civil and Political Rights (ICCPR). -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Part II - THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF IMMIGRATION AND MULITCULTURAND AND INDIGENOUS AFFIARS (DIMIA) AND THE SOUTH AUSTRALIAN DEPARMENT OF HUMAN SERVICES (DHS) RELATING TO CHILD PROTECTION NOTIFICATIONS AND CHILD WELFARE ISSUES PERTAINING TO CHILDREN IN IMMIGRATION DETENTION IN SOUTH AUSTRALIA -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
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I am here representing Dr William Jonas, the Aboriginal and Torres Strait Islander Social Justice Commissioner. Dr Jonas was unable to attend today due to a range of other commitments. He asked that I begin by thanking the Victorian Department of Justice for inviting the Human Rights and Equal Opportunity Commission to attend this morning and present to you our views on the status of government progress in addressing Aboriginal Deaths in Custody and related issues. -
14 December 2012Book page
Native Title Report 2006: Chapter 2: Economic Development Reforms on Indigenous land
In 2006 the Secretary of the Department of Prime Minister and Cabinet made a revealing statement about Indigenous affairs. He argued that his own government’s policy performance in the Indigenous portfolio had been a failure. He went further to say that while well intentioned, the policies and approaches of the past 30 years had contributed to poor outcomes for Indigenous people. -
14 December 2012Book page
9. Mental Health of Children in Immigration Detention
This chapter addresses the impact of the detention environment on the mental health of children and the measures taken to address their mental health needs. Consistent with the breadth of protection given to the welfare of children under the Convention on the Rights of the Child (CRC), the Inquiry uses the term mental health to describe the psychological well-being of children as well as diagnosed psychiatric illness. -
14 December 2012Book page
HREOC Report No. 17
This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission (the Commission) following an inquiry conducted by the Commission. The inquiry related to a complaint by the Asylum Seekers Centre (the Centre) against the Commonwealth of Australia (the Commonwealth), Department of Immigration and Multicultural Affairs (the Department). -
Rights and Freedoms14 December 2012Project
Counter-terrorism and human rights
Since the events in the United States on 11 September 2001, the Australian Government has introduced more than 40 new counter-terrorism laws. Amongst other things, these laws have created: -
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
Annual Report 2008-2009: Chapter 2
One of the Commission’s central functions is to undertake education programs that increase public awareness and generate discussion of human rights and anti-discrimination issues within Australia. -
Legal14 December 2012Webpage
Submission - The Aboriginal Land Rights (Northern Territory) Amendment Bill 2006 (Cth)
SUBMISSION TO THE AUSTRALIAN SENATE, COMMUNITY AFFAIRS, LEGISLATION COMMITTEE On THE ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT BILL 2006 (CTH) FROM THE ABORIGINAL AND TORRES STRAIT ISLANDER SOCIAL JUSTICE COMMISSIONER AND ACTING RACE DISCRIMINATION COMMISSIONER, TOM CALMA 13 July 2006 INTRODUCTION I welcome the opportunity to comment on the proposed amendments to The Aboriginal Land ... -
14 December 2012Book page
6. Australia's Immigration Detention Policy and Practice
Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals). Australian law makes no distinction between the detention of adults and children. -
14 December 2012Book page
2010 Immigration detention on Christmas Island
This report contains a summary of observations made by the Australian Human Rights Commission (the Commission) during its 2010 visit to the immigration detention facilities on Christmas Island. -
Legal31 May 2016Speech
Hotung Fellowship Public Lecture 2016
Human rights across the Tasman: a widening gulf. I am honoured to have been invited to give this lecture at the Law School of the University of Canterbury, funded by the generosity of the Sir Eric Hotung Fellowship. -
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. -
1 August 2014Book page
Chapter 5: The legal and policy framework
Learn about how Australia has entered international human rights obligations to stop pregnancy and return to work discrimination against women. -
Legal14 December 2012Webpage
Submission to the Green Paper on Homelessness - Which way home?
HREOC commends the Commonwealth government on making homelessness a priority issue and recognising that adequate housing is fundamental to social inclusion. Recognition of homelessness as a human rights issue should assist in the development of policy and programs to address homelessness.