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Commission – General
14 December 2012WebpageAustralian Council of Human Rights Agencies (ACHRA) - UPR Progress Report (2011)
The Australian Government is to be commended for its frank and robust engagement in the UPR process to date, both in the formal working group session and in engaging with the Australian Human Rights Commission (AHRC), NGOs and civil society throughout the process. -
Rights and Freedoms
19 August 2016SpeechTony Blackshield Lecture
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years. I have two memories ... -
14 December 2012Book page
Chapter 4: Cultural safety and security: Tools to address lateral violence - Social Justice Report 2011
Lateral violence is a multilayered, complex problem and because of this our strategies also need to be pitched at different levels. In Chapter 3 I have looked at the big picture, with the human rights framework as our overarching response to lateral violence. In this Chapter I will be taking our strategies to an even more practical level, looking at how we can create environments of cultural safety and security to address lateral violence. -
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). -
Rights and Freedoms
26 September 2016Speech
Human rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS GILLIAN TRIGGS [*] (Annual Tony Blackshield Lecture delivered at Macquarie Law School, Macquarie University, 5 November 2015) I It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the ... -
Legal
14 December 2012WebpageComments by the Australian Human Rights Commission to the United Nations Human Rights Committee on issues relevant to Australia’s fifth periodic report under the ICCPR (2008)
The Australian Human Rights and Commission (the Commission) provides these comments to the United Nations Human Rights Committee (the Committee) in response to the Committee’s request for information relevant to Australia’s fifth periodic report under the International Covenant on Civil and Political Rights (ICCPR).[1] -
Disability Rights
14 December 2012Speech1996 Kenneth Jenkins Oration
I am honoured and delighted to be here to deliver the Kenneth Jenkins Oration. My participation continues the involvement of members of the Human Rights and Equal Opportunity Commission with this event. -
Legal
14 December 2012Webpage
Discussion Paper "Australia's Children: Safe and Well - A National Framework for Protecting Australia's Children"
“If the measures were targeted solely to parents or families in need of assistance to prevent neglect or abuse of children, as they are in s123UC of the legislation, then some form of income management may be capable of being seen as an appropriate exercise of the governments ‘margin of discretion’ to ensure that families benefit from welfare and receive the minimum essentials for survival.”[13] -
Age Discrimination
14 December 2012PublicationAge Discrimination: exposing the hidden barrier for mature age workers
Since the introduction of the Age Discrimination Act 2004 (Cth), experiences of age discrimination in employment among mature age workers have featured prominently in the complaints of age discrimination received by the Australian Human Rights Commission. In 2008-09, I undertook a series of consultations with peak bodies including age-based community groups, legal service providers, business groups, unions, academics and relevant government departments. As well I undertook research to learn more about the barriers to employment facing mature age workers. -
Disability Rights
14 December 2012Webpage
Productivity Commission review of the Disability Discrimination Act
Note: Printer friendly versions of this and other submissions are also available together with transcripts of hearings and other relevant documents on the Productivity Commission site -
Rights and Freedoms
14 December 2012Speech
"HUMAN RIGHTS: A REPORT CARD FOR AUSTRALIA AND TASMANIA": DR SEV OZDOWSKI OAM (2004)
Firstly I would like to acknowledge the traditional custodians of the land on which we stand and by so doing remind ourselves that Australia's cultural traditions stretch back many thousands of years. The acknowledgement also expresses our aspiration for a just and inclusive Australia for all. -
14 December 2012Book page
Chapter 1 - Introduction: Social Justice Report 2009
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. -
14 December 2012Book page
HREOC Report No. 20
10.1 Whether there was an act or practice in terms of the HREOC Act 10.2 Whether there was a distinction, exclusion, or preference on the basis of criminal record 10.3 Whether the distinction, exclusion or preference nullified or impaired equality of opportunity or treatment in employment or occupation 10.4 Whether the distinction, exclusion or preference was based on the inherent requirements of the job -
14 December 2012Book page
HREOC Social Justice Report 2002: Summary
The Social Justice Report 2002 discusses initiatives currently underway or in development at the federal, state and territory levels in relation to Aboriginal and Torres Strait Islander Affairs. The report commends the following positive developments in Indigenous policy: -
14 December 2012Book page
Report to the Department of Immigration and Citizenship (DIaC)
The Unlocking Doors Project was a series of forums, workshops and consultations conducted by the Human Rights and Equal Opportunity Commission throughout 2006, which brought Muslim peoples and communities in New South Wales and Victoria into a dialogue with Police. This dialogue sought to strengthen Muslim peoples’ relationship with law enforcement agencies and build on the capacity of the police to respond to the incidents of racial and religious hatred and abuse currently being experienced by Muslim peoples. -
14 December 2012Book page
Chapter 2: Lateral violence in Aboriginal and Torres Strait Islander communities - Social Justice Report 2011
Last year I set out my priorities for my term as Social Justice Commissioner.[1] My priorities revolve around the central idea that to address the disadvantage faced by Aboriginal and Torres Strait Islander peoples and build a more reconciled nation, we need to develop stronger and deeper relationships: -
Legal
14 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
Social Justice Report 2001: Chapter 5: Juvenile diversionary schemes and Indigenous people
On 27 July 2000, the Commonwealth government and the Northern Territory Government signed an agreement for the establishment of a juvenile pre-court diversion scheme in the Northern Territory (NT). This agreement arose specifically as a response to the continued criticism of the NT’s mandatory minimum imprisonment laws and their impact on juveniles and Indigenous people. By establishing the pre-court juvenile diversionary scheme, the NT has belatedly joined most other states and territories in Australia in providing such options for dealing with juvenile offenders. -
14 December 2012Book page
Native Title Report 2002: Introduction
The year under review in this, my fourth Native Title Report, is a year in which the High Court has handed down its decision in several significant native title cases thus elucidating the principles upon which the recognition and extinguishment of native title are determined. 2002 marks the end of a ten year period since the Mabo decision [1] first introduced the dual concepts of recognising and extinguishing native title. -
24 April 2015Book page
3 Promotion and protection of human rights on the ground
3.1 Equality before the law and non-discrimination (a) Aboriginal and Torres Strait Islander peoples The UN Declaration on the Rights of Indigenous Peoples has yet to be implemented in law, policy and practice. [12] Recommendation: The Commission recommends that Government develop, in partnership with Aboriginal and Torres Strait Islander peoples, a National Strategy to give effect to the ...