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Legal
14 December 2012WebpageSubmission: Covert Search Warrants (2009)
The Hon John Hatzistergos MP Attorney-General Parliament House, Macquarie Street, Sydney NSW 2000 And by email: office@hatzistergos.minister.nsw.gov.au -
Complaint Information Service14 December 2012Publication
"Facilitator or Advisor?: A discussion of conciliator intervention in the resolution of disputes under Australian human rights and anti-discrimination law" (2004)
State and federal anti-discrimination & human rights law in Australia, as in many other countries2, provides for the resolution of complaints of discrimination and breaches of human rights by a process of conciliation. Conciliation is an alternative dispute resolution mechanism for parties to complaints in that it is an 'alternative' to more formal determination of the dispute by a court or tribunal. -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 8: Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the FMC and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) and the Federal Magistrates Act 1999 (Cth).1 -
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 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. -
Legal
14 December 2012Webpage
National Security Legislation Amendment 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 National Security Legislation Amendment Bill 2005 (‘the Bill’). The Commission welcomes the opportunity to make this submission and thanks the Committee for its invitation. -
Legal
14 December 2012Webpage
Inquiry 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 -
14 December 2012Book page
Preventing Crime and Promoting Rights for Indigenous Young People with Cognitive Disabilities and Mental Health Issues Appendix 2
In order to establish what is provided for Indigenous young people with cognitive disabilities and/ or mental health problems, information was requested from all relevant government departments across Australia.[213]A letter was sent to departments requesting: -
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
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 -
Legal
14 December 2012Webpage
Australasian Railways Association application for temporary exemption under the Disability Discrimination Act: Recommendations (Consultation Draft)
These draft recommendations are being circulated for comment before final recommendations are put to the Human Rights and Equal Opportunity Commission. In view of the amount of discussion which has already occurred on this application a period of four weeks for comments is being provided. -
Legal
14 December 2012Webpage
Commission submissions: Mulrunji
The Human Rights and Equal Opportunity Commission ('the Commission') makes these submissions in relation to the comments that may be made by the Coroner in this matter. -
Legal
14 December 2012Webpage
Proposed Wild Rivers Declarations
‘The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.’[11] There is a fundamental link between accessing water and living in dignity which means that the human right to water is receiving increased attention and recognition both in Australia and worldwide.[12] The right to water is linked to many other rights including the right to food, the right to health and the right to take part in cultural life.[13] -
Legal
14 December 2012Webpage
Inquest into the death of Mr Ward (2009)
the provisions of an international convention to which Australia is a party can also serve as an indication of the value placed by Australia on the rights provided for in the convention and, therefore, as indicative of contemporary values.[7] -
Legal
14 December 2012Webpage
Submission: Australia's Future Tax System (Retirement Income System) (2009)
The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the Review Panel on Australia’s future tax system (‘the Review’). The submission specifically addresses Australia’s retirement income system. -
Legal
14 December 2012Webpage
INQUEST INTO THE DEATH OF SCOTT SIMPSON
1.2 These written submissions are made by the Human Rights and Equal Opportunity Commission (‘the Commission’) pursuant to its functions relating to human rights under section 11(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’).[1] In these submissions, the Commission sets out the human rights issues surrounding the incarceration and death of Mr Simpson, including principally the treatment of mentally ill people within the criminal justice system. -
14 December 2012Book page
Native Title Report 2008 - Chapter 3
The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the land. This is despite the Western Australian government openly acknowledging the Noongar peoples as the Traditional Owners of the land. -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechSite navigation
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. -
14 December 2012Book page
Appendix 2: Chronology of Events Relating to the Administration of Indigenous Affairs - Social Justice Report 2011
Social Justice Report 2011 Back to Contents Appendix 2: Chronology of Events Relating to the Administration of Indigenous Affairs 1 July 2010 – 30 June 2011 DATE EVENT / SUMMARY OF ISSUE 2 July 2010 Torres Strait Islander sea rights recognised by Federal Court The Federal Court recognised the Torres Strait Regional Sea Claim Group’s native title rights over about 37 800sq. km of sea between Cape ... -
14 December 2012Book page
7 Some further aspects of the treatment of the young Indonesians
As discussed in Chapter 1, Australia’s international human rights obligations require that individuals who say that they are children be given the benefit of the doubt and treated as minors unless there is proof to the contrary. In the case of unaccompanied children, this should lead to consideration by the State of what steps need to be taken to ensure their special protection and care.