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14 December 2012WebpageInquiry into the Native Title Amendment Bill 2009
Submission by the Aboriginal and Torres Strait Islander Social Justice Commissioner to the Senate Standing Committee on Legal and Constitutional Affairs -
Legal
14 December 2012Webpage
Submission - Proposed minor native title amendments (2009)
You are all aware of the cultural, linguistic and historical factors that impact upon Indigenous people’s interaction with the legal system. Such factors that include: -
14 December 2012Book page
Native Title Report 2009: Chapter 1
The reporting period for this Report is 1 July 2008 to 30 June 2009. Throughout this period, there was significantly more activity in native title law and policy than I witnessed in the first five years of my term as the Aboriginal and Torres Strait Islander Social Justice Commissioner. -
14 December 2012Book page
Native Title Report 2009: Chapter 3
In my previous two Native Title Reports, I have strongly argued the need to reform the native title system. Stakeholders from all sectors engaged in the native title system have also stressed the need for the Government to take significant steps to ensure that the system meets the original objectives set out in the preamble to the Native Title Act 1993 (Cth) (Native Title Act). -
14 December 2012Book page
Native Title Report 2009: Chapter 4
During the reporting period, Australian governments continued to develop tenure reform policies for Indigenous land. Governments frequently describe these policies as a means of promoting home ownership and economic development on Indigenous land. The reality is not so simple. -
Aboriginal and Torres Strait Islander Social Justice
19 May 2014SubmissionALRC: Review of the Native Title Act 1993
Australian Human Rights Commission Submission to the Australian Law Reform Commission ALRC: Review of the Native Title Act 1993 14 May 2014 Downloads Download in PDF Download Word Table of Contents 1 Introduction 2 Recommendations 3 General Comments 4 The Native Title Act and its consistency with international human rights standards 4.1 The United Nations Declaration on the Rights of Indigenous ... -
14 April 2015Book page
3 Native Title - Year in Review
3.1 Introduction 3.2 Key trends in native title over the last five years 3.3 Federal reviews of native title 3.4 Budget reforms 3.5 Reinstating legislation to amend the Native Title Act 3.6 Tax Laws Amendment Acts 2013 3.7 Native title developments in Queensland 3.8 South Australia 3.1 Introduction Section 209 of the Native Title Act 1993 (Cth) (Native Title Act) requires the Aboriginal and Torres ... -
15 July 2014Book page
Appendix 3: Key developments in native title 2012–13
Overview This appendix reviews the following key developments in native title over the reporting period from 1 July 2012 to 30 June 2013 (Reporting Period): native title determinations and agreements the proposed Native Title Amendment Bill 2012 (Cth) other legislative amendments including the Tax Laws Amendment (2012 Measures No 6) Act 2012 (Cth) and the Courts and Tribunals Amendment ... -
14 December 2012Book page
Native Title Report 2010:Chapter 2: ‘The basis for a strengthened partnership’: Reforms related to agreement-making
For Aboriginal and Torres Strait Islander peoples, agreement-making can be an expression of free, prior and informed consent and the beginning of cooperative relationships with governments and other parties. -
14 December 2012Book page
Native Title Report 2011: Chapter 1: Reviewing key developments in the Reporting Period
In this Chapter I review key developments within the native title system that occurred throughout the Reporting Period (1 July 2010 to 30 June 2011) and consider the impact of these events on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples’ human rights. -
14 December 2012Book page
Native Title Report 2010: Chapter 3: Consultation, cooperation, and free, prior and informed consent: The elements of meaningful and effective engagement
On 3 April 2009, the Minister for Families, Housing, Community Services and Indigenous Affairs (Minister for Indigenous Affairs) delivered a formal statement in support of the United Nations Declaration on the Rights of Indigenous Peoples (Declaration).[1] In this statement, the Minister acknowledged that ‘[w]e need to find more ways of hearing Indigenous voices’.[2] -
14 December 2012Book page
Annual Report 2008-2009: Chapter 3
The Commission plays a significant role in monitoring legislation and policy in Australia to assess compliance with human rights principles. This monitoring role includes: -
14 December 2012Book page
Native Title Report 2008 - Chapter 1
In November 2007, Australia elected a new federal government. With the new government came new policies aimed at improving Aboriginal’s and Torres Strait Islander’s social and economic situation. In the new government’s National Platform and Constitution[1], the Australian Labor Party stated that it: -
14 December 2012Book page
Native Title Report 2010: Chapter 1: Working together in ‘a spirit of partnership and mutual respect’: My native title priorities
Seventy-two Prescribed Bodies Corporate (PBCs) have been registered as Registered Native Title Bodies Corporate to either hold native title rights on trust for, or to act as the agent of, native title holders.[3] -
15 July 2014Book page
Chapter 3: How do we keep moving forward? A road map for our future
3.1 Introduction In chapters 1 and 2, I look back over the past 20 years that the Social Justice Commissioner position has been in place and think about the journey and our learning over this time. In this chapter, I want to explore how those lessons can take us forward to chart a confident course into the future and how the realisation of our rights can produce long term sustainable improvements ... -
Legal
14 December 2012Webpage
Date Index - Submissions to the Commonwealth Parliament and law reform bodies
Submissions to the Parliaments and law reform bodies Date Index On the instructions of the Commission, another function of the Legal Section is to prepare submissions to the Commonwealth Parliament. See below for some of the submissions prepared by the Legal Section and other units in the commission: See also Submissions sorted by committee sorted by subject other submissions 2018 ... -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Speech
The Integration of Customary Law into the Australian legal system
Good afternoon, I’d like to begin by acknowledging the Noongar people, the traditional owners and custodians of the land where we are gathered today, and pay my respects to their elders. I’d also like to acknowledge my distinguished fellow speakers. My presentation today is focused on customary law. I will refer to Aboriginal customary law, though the points that I will make are equally relevant to Torres Strait Islanders and to their distinct systems of law and governance. -
Legal
14 December 2012Webpage
Subject Index - Submissions to the Commonwealth Parliament
The Commission seeks to promote and protect human rights through submissions to parliamentary inquiries, government departments and law reform bodies. -
Legal
14 December 2012Webpage
Submissions to parliaments and law reform bodies - Index by Committee
The Commission seeks to promote and protect human rights through submissions to parliamentary inquiries, government departments and law reform bodies. -
Legal
14 December 2012Webpage
Submission to National Human Rights Consultation (2009)
The Australian Human Rights Commission (the Commission) welcomes the opportunity to make this submission to the National Human Rights Consultation (the Consultation).