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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 -
14 December 2012Book page
Chapter 2: Constitutional reform: Creating a nation for all of us - Social Justice Report 2010
A century ago, the Australian people engaged in a debate about creating a nation. They held meetings...They wrote articles and letters in newspapers. Many views were canvassed and voices were heard. The separate colonies, having divided up the land between them, discussed ways of sharing powers in order to achieve a vision of a united Australia. The result was the Australian Constitution, establishing the Commonwealth of Australia in 1901. -
Commission – General14 December 2012Speech
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The topic for discussion is the role of human rights in good governance. Along the way I will touch on HREOC’s perceptions of cultural change at DIMA, legal roadblocks to cultural change, and the importance of human rights principles in the law and policy making process. -
Legal14 December 2012Webpage
HREOC submission to Inquiry into Immigration Detention in Australia
Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
1. The provisions made by Australia to implement its international human rights obligations regarding child asylum seekers, including unaccompanied minors -
Age Discrimination9 April 2013Publication
The Road So Far – the Age Discrimination Act 2004 (Cth)
This paper replaces the previous Commission paper - ‘Roadmap to the Age Discrimination Act’. It includes an update on subsequent changes made to the Act. The paper will also look at the ways in which the Act is used by members of the public in exercising their rights, specifically in relation to making complaints and seeking temporary exemptions. -
Legal14 December 2012Webpage
National Human Rights Consultation - Appendix 2
The Declaration recognises the legitimate entitlement of Indigenous people to all human rights – based on principles of equality, partnership, good faith and mutual benefit... -
Legal14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ( Commission') was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, His Honour Justice Carr 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. -
Commission – General14 December 2012Speech
President speeches: The influence of human rights on judicial decision-making
May I acknowledge the Gadigal people of the Eora nation, the traditional owners of the land upon which we meet, and pay my respect to their elders past and present. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 12
The issue of divorce never arises for same-sex couples, since they cannot legally marry. However, a same-sex couple, like an opposite-sex de facto couple, may need the assistance of a court to resolve property and child-related issues if their relationship breaks down. -
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. -
Legal14 December 2012Webpage
Submission: MIGRATION LITIGATION REFORM BILL 2005
The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Litigation Reform Bill 2005 (‘the Bill’). -
Legal14 December 2012Webpage
Submission: Anti-Terrorism Bill (No 2) 2005
Recommendation 1: The Bill should be amended to include additional sub-clauses (in s105.4(4) and (6)), which require the issuing authority to be satisfied that the purpose for which the order is made cannot be achieved by a less restrictive means. -
14 December 2012Book page
HREOC - Annual Report 2001 - 2002: Chapter 1: The Commission
The Commission is a national independent statutory body established under the Human Rights and Equal Opportunity Commission Act 1986. It has a President and five Commissioners. The five positions are currently held by three persons. -
14 December 2012Book page
2011 Immigration detention in Leonora
The Australian Human Rights Commission visited the immigration detention facility in Leonora, Western Australia from 23 to 26 November 2010. This statement contains a brief overview of the key observations and concerns arising from the Commission’s visit. It focuses on conditions as they were at that time. -
14 December 2012Book page
DIAC Response to the 2011 Australian Human Rights Commission Statement on Immigration Detention at Curtin
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (AHRC) Public Statement on Immigration Detention in Curtin. -
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). -
Age Discrimination20 May 2016Publication
Euthanasia, human rights and the law
This issues paper explores voluntary euthanasia by looking at the domestic regulatory environment in comparison to relevant international laws. It concludes with a human rights-based analysis of voluntary euthanasia and some commentary on the practice informed by human rights principles. -
14 December 2012Book page
2 Biomedical markers and the assessment of chronological age
Since 2001, the primary method of assessing whether an individual is under the age of 18 years in the context of criminal proceedings in Australia has been through the analysis of an x-ray of the young person’s wrist. As this Inquiry is considering the treatment of young Indonesian males suspected of people smuggling who say that they are children, it is important to consider the appropriateness of this and other age assessment processes in this context. -
Commission – General14 December 2012Speech
President speeches: How to Proactively Manage Workplace Grievances
Ladies and Gentlemen I am very pleased to be at the Catholic Independent Schools Employment Relations Committee Conference. Occasions such as this one allow me, as President of the Australian Human Rights and Equal Opportunity Commission, to share with a very influential group my thoughts about how we can all better manage the complexity and diversity of today’s working environments.