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14 December 2012Book page
Native Title Report 2008 - Case Study 1
Imagine the sea rising around you as your country literally disappears beneath your feet, where the food you grow and the water you drink is being destroyed by salt, and your last chance is to seek refuge in other lands...[1] -
Disability Rights14 December 2012Speech
The Role of Public Inquiries in eliminating disability discrimination
Introduction Distinctive features of the DDA Definition of disability Standards Limits of standards Action plans Focus of legislation on long term and large scale change Exemptions Complaint processes Courts and the role of anti-discrimination agencies -
14 December 2012Book page
Chapter 1: A cause for cautious optimism: The year in review - Social Justice Report 2011
As I reflect on the events that have taken place during the reporting period from 1 July 2010 to 30 June 2011, I see cause for optimism whilst also acknowledging there are still some areas that remain a concern. Over the last year we have reached some major milestones. For instance, we have seen the election of the two co-chairs and a board to the National Congress of Australia’s First Peoples (National Congress), and we are also now engaged in a conversation with the Australian people about how we go about recognising Aboriginal and Torres Strait Islander peoples in our Constitution. -
14 December 2012Book page
HREOC Report No.32
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act1986 (Cth) I attach a report of my inquiry into a complaint by Ms Stacey Scheff of Justice Action on behalf of federal prisoners detained in NSW correctional centres against the State of NSW, Department of Corrective Services and the Commonwealth of Australia, Attorney-General’s Department. -
Legal14 December 2012Webpage
Federal Discrimination Law: full Table of Contents
Back to index Table of Contents Foreword Chapter 1 - Introduction 1.1. Nature and Scope of this Publication 1.2 'HREOC' and the 'Australian Human Rights Commission' 1.3 What is 'Unlawful Discrimination'? 1.3.1 ‘Unlawful discrimination’ defined 1.3.2 Distinguishing ‘unlawful discrimination’ from ‘ILO 111 discrimination’ and ‘human rights’ under the HREOC Act (a) ‘ILO 111 discrimination’ (b) ‘Human ... -
14 December 2012Book page
Indigenous Deaths in Custody: Part D - Implementing the Recommendations
We are deeply dissatisfied with the performance to date by various government agencies... there does not appear to be any process beyond monitoring to ensure that effective implementation takes place... -
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: -
14 December 2012Book page
Bringing them Home - Appendix 9 Recommendations
1. That the Council of Australian Governments ensure the adequate funding of appropriate Indigenous agencies to record, preserve and administer access to the testimonies of Indigenous people affected by the forcible removal policies who wish to provide their histories in audio, audio-visual or written form. -
Legal14 December 2012Webpage
Decision on exemption application: cinema captioning
By this instrument, the Australian Human Rights Commission (‘the Commission’) rejects the application of Village Roadshow Limited, Amalgamated Holdings Ltd trading as Greater Union Cinemas, Event Cinemas and Birch Carroll & Coyle, Reading Cinemas Pty Limited and The Hoyts Corporation Pty Limited (the Applicants) for a temporary exemption pursuant to s 55(1) of the Disability Discrimination Act 1992 (Cth) (DDA). SUMMARY -
14 December 2012Book page
Report No. 41: El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The complaints by Mr El Masri Part D: The Commission’s human rights inquiry and complaints function Part E: Mr El Masri’s detention from 14 November 2002 to 14 October 2005 Part F: The detention of Mr El Masri on 28 November 2006 Part G: The detention of Mr El Masri in MSU Part H: Use of force on 8 August 2005 Part I: Restrictions on Mr El Masri’s telephone calls Part J: Visits by Mr El Masri’s family Part K: Findings and recommendations Appendix 1 Appendix 2 Functions -
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. -
Disability Rights14 December 2012Speech
Notes for presentation to Productivity Commission DDA review
Thank you for the opportunity to be here today. Can I begin by apologising for the Acting Disability Discrimination Commissioner Dr Sev Ozdowski. Sev has been following this inquiry very closely but had arranged to be away this week before the schedule for these hearings was settled. -
14 December 2012Book page
Native Title Report 2007: Chapter 3
It is crucial to the functioning of the native title system that there are organisations representing Indigenous people and assisting them to gain recognition and protection of native title. -
Legal14 December 2012Webpage
Submission - The Aboriginal Land Rights (Northern Territory) Amendment Bill 2006 (Cth)
SUBMISSION TO THE AUSTRALIAN SENATE, COMMUNITY AFFAIRS, LEGISLATION COMMITTEE On THE ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT BILL 2006 (CTH) FROM THE ABORIGINAL AND TORRES STRAIT ISLANDER SOCIAL JUSTICE COMMISSIONER AND ACTING RACE DISCRIMINATION COMMISSIONER, TOM CALMA 13 July 2006 INTRODUCTION I welcome the opportunity to comment on the proposed amendments to The Aboriginal Land ... -
4 February 2015Book page
6 Mothers and babies in detention
6.1 Responsive and sensitive parenting 6.2 Pregnant women in Australian detention centres 6.3 Pregnancies on Nauru 6.4 Babies with no nationality 6.5 Miscarriages, deaths and terminations 6.6 Family separation 6.7 Mental health disorders in new mothers 6.8 Parent disempowerment 6.9 Motor, sensory and language development in babies 6.10 Adequate nutrition and healthcare 6.11 Protection from ... -
14 December 2012Book page
Chapter 4: Beyond the Apology - an agenda for healing: Social Justice Report 2008
On 13 February 2008 Prime Minister Kevin Rudd, on behalf of the Australian Parliament, made a historic and long overdue national Apology to the Stolen Generations. With eloquence and emotion, Prime Minister Rudd said what so many Australians have wanted to say, and what so many Indigenous peoples have needed to hear: -
14 December 2012Book page
Report No. 43: Mr NK v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
While we note your findings, in the Department's view Mr NK has been and continues to be detained lawfully in accordance with the Migration Act 1958 (Cth) (Migration Act) and his detention has not been and is not arbitrary. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
The current submission recognises the need to move beyond mere critique of the status quo and focus resources on the development of viable alternatives. To be feasible any such model must satisfy the legitimate concerns of the government while upholding the fundamental right of freedom of movement. -
14 December 2012Book page
Law Society Journal 2008: When is performing a government function a service?
An earlier version of this article was published in the NSW Law Society Journal in March 2008. The article has now been updated to include the decision of the Full Federal Court. -
Legal14 December 2012Webpage
SAGE: Submission to Inquiry into Aboriginal Customary Law in NT
The Aboriginal and Torres Strait Islander Social Justice Commissioner has also made a submission to this inquiry. To access that submission click here.