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Where a complaint is made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) alleging breaches of human rights and discrimination in employment, the President or his delegate may report to the Attorney-General where conciliation cannot resolve the matter and an inquiry has satisfied the President there has been a breach of human rights or discrimination in employment. The Legal Section assists the President or his delegate to inquire into the complaints and prepare reports to the Attorney-General.

The Complaint Handling Section (CHS) is responsible for investigating and conciliating complaints lodged under federal anti-discrimination and human rights law. Accordingly, the CHS plays a key role in fulfilling the Commission’s objective of delivering an Australian society in which human rights are protected.

This appendix summarises the main findings from research and consultations conducted by the Human Rights and Equal Opportunity Commission between 2001 and 2006 that relate to family violence and abuse in Indigenous communities. The summary has also been published in a more detailed research paper prepared by the Social Justice Commissioner in 2006 entitled Ending family violence and abuse in Aboriginal and Torres Strait islander communities: Key issues.[1]

The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds to the specific issues raised by the recognition of native title, a proprietary interest which is inherent to a particular racial group.

Family violence and abuse is causing untold damage to the cultures and fabric of Indigenous societies. It is damaging our communities, our families, our women, our children and our men. All Indigenous people are entitled to live their lives in safety and full human dignity - without fear of intimidation, family violence or abuse. This is their cultural and their human right. Like all Australians, Indigenous peoples are also entitled to the full and equal protection of the law.

This is my sixth, and final, Social Justice Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. It covers the period from 1 July 2008 to 30 June 2009.

The International Labour Organisation Convention 111 deals with discrimination in employment and occupation. Australian adherence to this Convention provides that all people have the right to equal treatment in employment and occupation without discrimination on the basis of:

Human rights are our entitlements to have our dignity and worth as human beings recognised. We all have them, we all want them recognised in our friends and families, and we all have responsibilities to recognise them in others.

The Australian Government has signalled that economic development is a central focus for the Indigenous Affairs portfolio this term. The Ministerial Taskforce on Indigenous Affairs, created in May 2004 to drive and coordinate the federal Government’s Indigenous policies,1 identified as one of three key areas2 for priority action:

A note from the Commissioner New arrangements for Indigenous affairs New arrangements event timeline What are the new arrangements ? Walking with the women Race discrimination and shared responsibility agreements Getting more out of native title Agreement making guidelines Links to the new arrangements Where to from here?

The Commission’s vision is of and for an Australian society in which the human rights of all people are respected and promoted. Our task is to find practical, pragmatic ways to turn the rhetoric of human rights into an everyday reality for all Australians and build a more tolerant and inclusive community. As this report indicates, this past year has been a period of substantial achievement as we strive towards this goal.