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14 December 2012Book page
HREOC Report No. 18
1. The commission's jurisdiction 2. The complaint 3. The complainant's evidence and submissions 4. Respondent's response 5. Documentary material before the commission 6. Conciliation 7. Preliminary findings of Commissioner Sidoti 8. Response to Commissioner Sidoti's preliminary findings 9. My Further Preliminary Findings 10. Respondent's response to my Further Preliminary Findings 11. Section 21 Notice 12. Findings of fact 13. Findings on liability 14. Article 10 15. Article 9(1) 16. Recommendations -
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
2008 Immigration detention report - Summary of Observations following the Inspection of Mainland Immigration Detention Facilities
This report contains a summary of observations by the Australian Human Rights Commissioner, Graeme Innes AM, and staff of the Australian Human Rights Commission (the Commission) following visits to Australia’s immigration detention facilities, and to people in community detention, between June and September 2008. The contents of the report are based on direct observations made during the visits, and on discussions with staff and immigration detainees. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
This submission has been prepared by staff and law students from the Southern Communities Advocacy Legal and Education Service Inc (SCALES). The students worked on this submission as part of a course offered through Murdoch University School of Law in Advanced Clinical Legal Education. This unit is conducted at the School's Law Clinic - SCALES which is also a community legal centre that provides free legal advice, information and representation to low income people living in the Kwinana, Rockingham and Mandurah areas. -
14 December 2012Book page
2011 Immigration detention at Curtin
For more than a decade, the Australian Human Rights Commission has called for reforms to Australia’s system of mandatory and indefinite immigration detention – both in light of the impacts it has on people’s mental health and wellbeing, and because it leads to breaches of Australia’s international human rights obligations. During this time, the Commission has investigated numerous complaints from people in detention and conducted two national inquiries into the mandatory detention system.[1] -
Legal26 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 ... -
14 December 2012Book page
Report No. 41: El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The complaints by Mr El Masri Part D: The Commission’s human rights inquiry and complaints function Part E: Mr El Masri’s detention from 14 November 2002 to 14 October 2005 Part F: The detention of Mr El Masri on 28 November 2006 Part G: The detention of Mr El Masri in MSU Part H: Use of force on 8 August 2005 Part I: Restrictions on Mr El Masri’s telephone calls Part J: Visits by Mr El Masri’s family Part K: Findings and recommendations Appendix 1 Appendix 2 Functions -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
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In championing the cause of universality (of human rights) I should emphasise that universality does not negate cultural diversity; on the contrary, I believe that it reinforces and protects cultural diversity. -
Legal15 September 2015Submission
Inquiry into the Counter-Terrorism Legislation Amendment (Foreign Fighters Bill)
Inquiry into the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 Australian Human Rights Commission Submission to the Parliamentary Joint Committee on Intelligence and Security 2 October 2014 Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Human Rights Framework 4.1 Article 9 – Right not to be subject to arbitrary detention 4.2 Article 12 – Freedom of Movement 4 ... -
Commission – General14 December 2012Webpage
Convention on the Rights of the Child - Human rights at your fingertips
Learn about the principles proclaimed in the Charter of the United Nations, which recognises the inherent dignity and equal rights of all of humanity. -
14 December 2012Book page
Valuing Parenthood - Appendices
This Appendix sets out currently available information describing women's labour force participation and the ways in which women combine work and family responsibilities in Australia. The Appendix also includes information about existing maternity and parental leave arrangements to provide a background to discussing any future paid maternity leave scheme. -
Disability Rights14 December 2012Webpage
DDA conciliated cases: access to premises
Reminder: Conciliated settlements are usually made without admission of liability and may not provide firm precedents for the outcome in other cases. See also our guidelines on access to buildings and services -
Legal14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ("the Commission") was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, Carr J. directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to in the application, no later than 14 days prior to the hearing. -
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'. -
Legal14 December 2012Webpage
Inquiry into Australia’s agreement with Malaysia in relation to asylum seekers
Recommendation 1: Asylum seekers should not be transferred from Australia to Malaysia under the Arrangement between the Government of Australia and the Government of Malaysia on Transfer and Resettlement. -
Commission – General22 July 2021Webpage
Privacy
This section explains the type of information that is collected by the Commission, how such information is used, under what circumstances and to whom it may be disclosed, and describes security measures in place on the website. -
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. -
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. -
Rights and Freedoms3 March 2023Speech
'Reflections on women’s rights – past, present and future’
This presentation draws together reflections on women’s rights from the campaigns by the suffragists and suffragettes of the late 19th century and a consideration on how far we have come in realisation of women’s rights. -
Race Discrimination8 November 2016Project
Kep Enderby Memorial Lecture Series
The Australian Human Rights Commission has established the Kep Enderby Memorial Lecture to honour the memory of the Hon. Kep Enderby QC (1926-2015), who as Attorney-General introduced the Racial Discrimination Bill in the House of Representatives on 13 February 1975.