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14 December 2012Book page
6. Australia's Immigration Detention Policy and Practice
Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals). Australian law makes no distinction between the detention of adults and children. -
21 June 2013Book page
Key Findings
This research report: Assesses the prevalence and depth of stereotypes and negative attitudes towards older Australians Provides insight into the impact of these attitudes and the resulting behaviours on older Australians and the general community, including business decision makers Examines the portrayal, and invisibility, of older Australians in the media by all main media platforms including ... -
Legal14 December 2012Webpage
Commission submission: IVF
(a) whether section 8 of the Infertility Treatment Act 1995 (Vic) ('ITA') is inconsistent, in terms of section 109 of the Constitution, with section 22(1) of the Sex Discrimination Act 1984 (Cth) ('SD Act'); and -
14 December 2012Book page
Social Justice Report 2004 : Chapter 2 : Walking with the Women - Addressing the needs of Indigenous women exiting prison
Introduction Pre and post-release programs for Indigenous women exiting prison An overview of Indigenous women in corrections Intersectional discrimination - Addressing the distinct experiences of Indigenous women Post-release programs for Indigenous women exiting prison - common themes from consultations Policy and programs relating to Indigenous women exiting prison Post-release housing programs for Indigenous women exiting prison Healing programs for Indigenous women exiting prison Conclusion Endnotes Introduction -
Legal14 December 2012Webpage
Commission submissions: CEO
For the purposes of this Act, a person (discriminator) discriminates against another person (aggrieved person) on the ground of a disability of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition: -
Legal14 December 2012Webpage
HREOC submission to Inquiry into Immigration Detention in Australia
Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act. -
Legal14 December 2012Webpage
Access to Information
Part II of the Freedom of Information Act 1982 (FOI Act) establishes an Information Publication Scheme (IPS) for Australian Government agencies subject to the FOI Act. The IPS commences on 1 May 2011 and requires agencies to publish a broad range of information on their websites. -
Commission – General14 December 2012Speech
President Speech: Mandatory immigration detention of children in Australia: how far have we come and where to from here? (2010)
I knew Brad well and admired him a great deal. We met when he joined the Crown Solicitor’s Office and we worked closely together in that office for a number of years. He was appointed Crown Solicitor of South Australia when I left that position to practice at the private Bar. He was subsequently appointed Solicitor-General of South Australia, the office from which, I believe, he made his greatest contribution to Australian public law. -
International17 January 2017Project
HRTC highlights newsletter - Jan 2017
Working internationally to advance human rights Welcome HRTC Highlights is a bi-annual newsletter that provides updates on Human Rights Technical Cooperation (HRTC) Programs and other international activities undertaken by the Australian Human Rights Commission. Contents Advancing DV crisis intervention Civil society development in China UNSW student interns focus on children’s rights in China ... -
Legal14 December 2012Webpage
Inquiry into the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - Superannuation) Bill 2008
The Human Rights and Equal Opportunity Commission (HREOC) makes this submission to the Senate Legal and Constitutional Affairs Committee in its Inquiry into the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Bill 2008 (the Bill). -
Legal14 December 2012Webpage
Commission submissions: Clarke
The Commission has an interest and expertise in relation to the interpretation of the RDA, the application of the International Convention of the Elimination of all forms of Racial Discrimination (CERD),[1] and racial discrimination issues generally, as set out in paragraphs 14 and 15 of the affidavit of Ms Branson dated 18 July 2011. -
Legal19 March 2013Publication
Casenote: Monis v The Queen [2013] HCA 4
Important High Court cases on freedom of expression Two sets of decisions issued last week by the High Court of Australia highlight the need for continuing discussion of options for improved legislative frameworks to protect freedom of expression and other human rights. In Attorney-General for South Australia v Corporation of the City of Adelaide and Orsa majority of the Court upheld a local ... -
Legal14 December 2012Webpage
Submission: National Security
1. The Human Rights and Equal Opportunity Commission (the Commission) is established by the Human Rights and Equal Opportunity Commission Act 1986 (HREOC Act). The Commission is Australia's National Human Rights Institution. -
18 September 2018Webpage
Education
The Australian Human Rights Commission promotes and provides education and training which seeks to build a universal culture of human rights. -
Commission – General14 December 2012Webpage
Senate File Listing 1 January 2008 - 30 June 2008
FileId: 2007/213-2 Create Date 26-Mar-2008 Name: GENERAL CORRESPONDENCE - PRESIDENT 2006 JULY-DEC Title: PUBLIC AWARENESS AND EDUCATION - PRESIDENT AGENCY LIAISON -
Legal14 December 2012Webpage
Commission submission - MIRIUWUNG
A. International treaties and the interpretation of Statutes B. International treaties and the development of the common law C. International law and the Constitution D. Relevant human rights norms -
International10 January 2024Video
How a milestone human rights document came to be
It is considered one of the most important documents ever written in human history. But how did the Universal Declaration of Human Rights shape Australia, and what does it still mean for us today? In part two of our video series commemorating its 75th anniversary, we look at the Declaration's inception. Learn more about our series here . ... -
Legal14 December 2012Webpage
Submission to the Law Reform Commission
"Not every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation, as required by article 4, paragraph 1. The Covenant requires that even during an armed conflict measures derogating from the Covenant are allowed only if and to the extent that the situation constitutes a threat to the life of the nation. If States parties consider invoking article 4 in other situations than an armed conflict, they should carefully consider the justification and why such a measure is necessary and legitimate in the circumstances. -
Legal14 December 2012Webpage
Family Provisions Test Case
In performing its functions, the Commission must take account of the principles embodied in the Family Responsibilities Convention, in particular those relating to: -
Legal14 December 2012Webpage
Inquiry into the Welfare Reform and Reinstatement of Racial Discrimination Act Bill 2009 and other Bills
There is intense hurt and anger at being isolated on the basis of race and subjected to collective measures that would never be applied to other Australians. The Intervention was received with a sense of betrayal and disbelief. Resistance to its imposition undercut the potential effectiveness of its substantive measures.
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