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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 ... -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. Introduction 2. Adequacy of current educational provision 3. Educational programs in NSW government schools 4. Temporary Protection Visa Holders enrolled in government schools. 5. Cost of educating child asylum seekers and students on temporary protection visas 6. Support for children and families who have been released from detention 7. Recommendations Appendix 1 -
14 December 2012Book page
Native Title Report 2006: Executive summary
This is my third Native Title Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. This year I continue the theme from my previous Reports by focusing on land tenure and economic reform on Indigenous communal lands.1 -
14 December 2012Book page
Social Justice Report 2005: Chapter 3
The first twelve months of the federal government's new arrangements for the administration of Indigenous affairs has ended. The primary focus of this period has been on abolishing the Aboriginal and Torres Strait Islander Commission (ATSIC) and creating new processes to engage with local Indigenous communities and coordinate mainstream delivery of services to Aboriginal and Torres Strait Islander peoples. Twelve months on, the new arrangements remain in a transitional phase. It will be a number of years before they are fully locked into place. -
14 December 2012Book page
National Inquiry into Childen in Immigration Detention - Background Paper 1: Introduction
In November 2001, the Human Rights Commissioner announced an Inquiry into the adequacy and appropriateness of Australia's treatment of child asylum seekers and other children who are, or have been, held in immigration detention, including: -
14 December 2012Book page
Social Justice Report 2001: Summary
1. Ten Years on from the Royal Commission into Aboriginal Deaths in Custody 2. Mutual Obligation, Welfare Reform and Indigenous Participation: A Human Rights Perspective -
14 April 2015Book page
5 Nations - Self-determination and a new era of Indigenous governance
5.1 Introduction 5.2 The importance of Nations 5.3 Framework for Indigenous governance 5.4 Community governance: a Nation building approach 5.5 Australian accounts of successful nation building 5.6 Voices of Nations, not just national voices 5.7 Conclusions and recommendations 5.1 Introduction Since the beginning of my term as Aboriginal and Torres Strait Islander Social Justice Commissioner, I ... -
Legal14 December 2012Webpage
Submission to the Green Paper on Homelessness - Which way home?
HREOC commends the Commonwealth government on making homelessness a priority issue and recognising that adequate housing is fundamental to social inclusion. Recognition of homelessness as a human rights issue should assist in the development of policy and programs to address homelessness. -
14 December 2012Book page
Sexual Harassment (A Code in Practice) - What is sexual harassment?
Sexual harassment is unwelcome sexual conduct which makes a person feel offended, humiliated and/or intimidated where that reaction is reasonable in the circumstances. -
Legal14 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: -
Legal14 December 2012Webpage
Submission to Australian Government Department of Education, Employment and Workplace Relations on the Discussion Paper, National Employment Standards Exposure Draft (2008)
The Human Rights and Equal Opportunity Commission (HREOC) makes this submission to the Australian Government Department of Education, Employment and Workplace Relations in response to the Australian Government’s invitation to make comment on the National Employment Standards Exposure Draft Discussion Paper. -
14 December 2012Book page
Social Justice Report 1998 : Introduction: A Handful of Soil
The removal of the children from Wave Hill by MacRobertson Miller aircraft was accompanied by distressing scenes the like of which I wish never to experience again. The engines of the 'plane are not stopped at Wave Hill and the noise combined with the strangeness of an aircraft only accentuated the grief and fear of the children, resulting in near-hysteria in two of them. I am convinced that the news of my action at Wave Hill preceded me to other stations, resulting in the children being taken away prior to my arrival. -
14 December 2012Book page
Bringing them Home - Chapter 2
Every morning our people would crush charcoal and mix that with animal fat and smother that all over us, so that when the police came they could only see black children in the distance. We were told always to be on the alert and, if white people came, to run into the bush or run and stand behind the trees as stiff as a poker, or else hide behind logs or run into culverts and hide. Often the white people - we didn't know who they were - would come into our camps. And if the Aboriginal group was taken unawares, they would stuff us into flour bags and pretend we weren't there. -
14 December 2012Book page
HREOC Social Justice Report 2002: Indigenous women and corrections - A Landscape of Risk
a) Rates of incarceration of Indigenous women b) Recidivism rates among Indigenous women c) Types of crime committed by Indigenous women d) Over-policing e) Sentencing patterns for Indigenous women f) Characteristics of Indigenous women who are imprisoned -
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 ... -
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. -
14 December 2012Book page
Native Title Report 2008 - Chapter 6
Water is vital to life, essential to agriculture and a valuable energy source which may be utilised in the mitigation of climate change impacts. Water is extremely valuable globally to both Indigenous and non-Indigenous peoples and is used for many different purposes. Water is also important to both for different reasons. -
Commission – General14 December 2012Speech
Launch of the Supreme Court Equal Treatment Benchbook
When I first entered the law 'benchbooks' were closely guarded, leather bound books into which judges carefully entered notes as a case progressed - usually I thought adverse comments and exclamation marks about one's arguments or less than flattering remarks about one's principal witness. These books seemed to be some kind of secret code to the outcome of cases and never saw the light of day. -
Legal14 December 2012Webpage
HREOC Submission: Productivity Commission on the Inquiry into Paid Maternity, Paternity and Parental Leave
The Human Rights and Equal Opportunity Commission (HREOC) makes this submission to the Productivity Commission in its Inquiry into Paid Maternity, Paternity and Parental Leave (‘the Inquiry’). -
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.