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Legal14 December 2012Webpage
Submission - ‘Towards An Alternative Settlement Framework For Native Title’ (2006)
I welcome the Western Australian Government’s commitment to developing an Alternative Settlement Framework to resolve native title claims, following the standards of recognition and extinguishment set by the Yorta Yorta1 and Miriuwung Gajerrong2 decisions, respectively. I also note the Government’s commitment to a fair and just relationship between the Government and Aboriginal people in Western Australia, as set out in the Statement of Commitment.3 -
14 December 2012Book page
Native Title Report 2005 : Summary
During 2005, the Prime Minister, the Attorney-General, and the Minister for Immigration and Multicultural and Indigenous Affairs, made statements to the effect that the Australian Government was interested in supporting Indigenous Australians to explore opportunities to lease or buy communal lands for private or personal use. The government's premise was that if Indigenous people were encouraged into private ownership of communal lands they would be able to build economic independence and wealth, and in doing so alleviate poverty. -
Legal14 December 2012Webpage
Native title payments discussion paper – Optimising Benefits from Native Title Agreements
The Aboriginal and Torres Strait Islander Social Justice Commissioner has produced 15 Native Title Reports which include analyses and recommendations on the operation of the native title system and its effect on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples.[1] Particularly relevant is the Native Title Report 2003, which provides a detailed comparative analysis of the international context of Indigenous peoples and agreement-making, concerning their lands, waters and natural resources. -
14 December 2012Book page
Bringing them Home - Chapter 14
The Government has to explain why it happened. What was the intention? I have to know why I was taken. I have to know why I was given the life I was given and why I'm scarred today. Why was my Mum meant to suffer? Why was I made to suffer with no Aboriginality and no identity, no culture? Why did they think that the life they gave me was better than the one my Mum would give me? </BLOCKQUOTE> -
14 December 2012Book page
Justice: African Australians - Compendium (2010)
While feedback in relation to the legal system was actively sought throughout all of the consultations, a number of targeted consultation sessions with individuals and organisations specifically involved or engaged in the legal system were also undertaken. These included: -
14 December 2012Book page
HREOC Social Justice Report 2002: Measuring Indigenous disadvantage
4. Research relevant to benchmarking 5. The Commonwealth Grants Commission Report on Indigenous Funding 6. Australian Bureau of Statistics 7. Initiatives at the inter-governmental level related to benchmarking 8. The Steering Committee framework for reporting on Indigenous disadvantage 9. Governance and capacity building 10. Developments at State and Territory level -
Commission – General14 December 2012Speech
ADR: an essential tool for human rights
I would like to begin by acknowledging the Elders and Traditional Owners of Darwin, the Larrakia People, and to thank them for the opportunity to visit this beautiful part of the country. After that very heartfelt welcome to country, I feel very privileged to be here this morning. -
14 December 2012Book page
Native Title Report 2007: Overview
The year 2007 is the fortieth anniversary of the 1967 constitutional referendum. The referendum changed the Australian Constitution however it didn’t specify directions to be taken. In many ways, it could be said that the referendum represented promises to Indigenous Australians for new ways of enjoying human rights, and promises to other Australians that Indigenous citizens could expect a new and equal deal. -
14 December 2012Book page
Social Justice Report 2006: Chapter 3: Addressing the fundamental flaw of the new arrangements for Indigenous affairs – the absence of principled engagement with Indigenous peoples
This is the third successive Social Justice Report to report on the implementation of the new arrangements for Indigenous affairs at the federal government level. The past two Social Justice Reports have emphasised the importance of governments ensuring the effective participation of Indigenous peoples in decision making that affects our lives. This includes the development of policy, program delivery and monitoring by governments at the national, as well as state, regional and local levels. -
14 December 2012Book page
Native Title Report 2005 : Annexure 4 : Chronology of events in native title 1 July 2004 - 30 June 2005
This table includes summaries of every native title determination that occurred during this period, and notable or interesting agreements; it does not include every Indigenous Land Use Agreement (ILUA) registered or other native title agreements made over this period, due to the large volume. A snapshot of applications, determinations and ILUAs from this period is provided at the end of this table. -
Rights and Freedoms18 November 2022Speech
Housing and human rights - rights where it matters
Sandy Duncanson Memorial Lecture Housing and human rights – rights where it matters Hobart, 11 October 2022 Abstract Homelessness can happen to anyone. People with disability are at an increased risk and they are joined by a growing invisible cohort of older women. COVID-19 was a trigger for state governments to find shelter for people living rough, illustrating that solutions to homelessness are ... -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Essentials for Social Justice: Reform
Between December 2007 and April 2008 the Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma, will deliver a series of key speeches setting out an agenda for change in Indigenous affairs. -
Legal14 December 2012Webpage
Commission submission - Long Guan Juan & Others v Minister for Immigration
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 28 February 1995, His Honour Justice O'Loughlin 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 that are by virtue of the terms of the respective applications relevant to the matters that are still to be determined. -
14 December 2012Book page
Appendix 1 - Chronology of events relating to the administration of Indigenous affairs, 1 July 2008 – 30 June 2009: Social Justice Report 2009
[1] Minister for Families, Housing, Community Services and Indigenous Affairs, ‘Cape York Welfare Reform Trial to begin’ (Media Release, 1 July 2008). At http://www.jennymacklin.fahcsia.gov.au/internet/jennymacklin.nsf/content/cape_york_welfare_1jul08.htm (viewed 28 July 2008). -
10 April 2015Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations 2.2 National framework 2.3 Equality before the law and non-discrimination 2.4 Migrants, refugees and asylum seekers 2.5 Right to life, liberty and security of the person 2.1 Scope of international obligations Australia prides itself on its commitment to the promotion and protection of human rights and has announced its candidacy for election to the Human ... -
14 December 2012Book page
Social Justice Report 2000: Chapter 4: Achieving meaningful reconciliation
This report identifies the necessity to adopt a human rights approach to reconciliation, as well as shortcomings in Australia's performance on human rights issues as they relate to Aborigines and Torres Strait Islanders. This chapter emphasises processes and mechanisms that enable reconciliation to be implemented within a human rights framework. It identifies crucial commitments and processes that governments must engage in to progress meaningful reconciliation in the coming years. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission will focus on the current Australian immigration detention regime as it applies to minors. The regime will be examined based on data and information made available by the Department of Immigration and Multicultural and Indigenous Affairs (“DIMIA”) and supporting documentation ranging from government publications, the Flood Inquiry and testimonies given to the Australian Human Rights and Equal Opportunity Commission “HREOC” under oath. -
Legal14 December 2012Webpage
Draft Indigenous Economic Development Strategy (2010)
The Australian Human Rights Commission makes this submission to the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) in response to the draft Indigenous Economic Development Strategy (IEDS). -
Legal14 December 2012Webpage
Commission submissions:the Queen
Apart from the express statutory authority for such intervention it would appear that the non party intervention may only be allowed where the intervener can provide arguments or facts which will contribute to the Court's reaching an informed decision, and where the significance of those arguments or facts is sufficient to outweigh any expense and/or delay which may be caused to the parties by such intervention. -
Children's Rights14 December 2012Webpage
Children and young people
Most violence is perpetrated against children and young people by someone they know, often in the family. Addressing family violence raises multiple challenges due to its ‘private’ nature and the widespread recognition that the family is the natural environment for its members and should provide physical and emotional safety.[63]