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14 December 2012Book page
Native Title Report 2007: Chapter 1
Native title is now well established in Australian law. The native title system was set up in 1994 under the Native Title Act 1993 (Cth) (the Native Title Act). It is for gaining recognition and protection of native title, and for resolving native title matters. It has been successfully used in many parts of the country. -
14 December 2012Book page
Bringing them home: Apologies by State and Territory Parliaments (2008)
"I move: That the South Australian Parliament expresses its deep and sincere regret at the forced separation of some Aboriginal children from their families and homes which occurred prior to 1964, apologises to these Aboriginal people for these past actions and reaffirms its support for reconciliation between all Australians." -
14 December 2012Book page
Bringing them Home - Chapter 22
Adoption is the transfer, generally by order of a court, of all parental rights and obligations from the natural parent(s) to the adoptive parent(s). In Australia, legal adoption is relatively recent. It was first introduced in 1928 in Victoria, for example. Until very recently adoption involved near-total secrecy, partly in deference to the desire of adoptive parents to present the child as their own and partly because of the stigma of illegitimacy which typically attached to adopted children. -
Legal14 December 2012Webpage
The protection of genetic information of Indigenous peoples
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner of the Human Rights and Equal Opportunity Commission. It considers the human rights implications of the use of the genetic information of Aborigines and Torres Strait Islanders (herein, Indigenous peoples) and the adequacy of current levels of protection. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Council of Social Service of NSW (NCOSS) is an independent non-government organisation and is the peak body for the social and community services sector in NSW. NCOSS works with its members on behalf of disadvantaged people and communities towards achieving social justice in New South Wales. It was established in 1935 and is part of a national network of Councils of Social Service which operate in each State and Territory and at Commonwealth level. -
Commission – General14 December 2012Webpage
Taking stock of Australia’s human rights record – Submission by the Australian Human Rights Commission under the Universal Periodic Review process (2010)
This significant new process involves a review of the human rights record of each member of the UN on a periodic basis (at present, every four years). Australia makes its first appearance in January 2011. -
14 December 2012Book page
Bringing them Home - Chapter 19
In most cases of forcible removal government officials and agents were responsible for the removal under legislation or regulations. However, there were early cases of removal of children by missionaries without the consent of the parents. In Victoria the absence of government oversight of welfare services enabled churches and other non-government agencies to remove children from their families without any court order or other official approval. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
"There have been times in our history when Australia has been generous and open hearted and times when it has been very mean. In 1938 at the Evian Conference about dealing with Jewish and other refugees from Hitler, Australia took a flint hearted position, saying that we did not want to import Europe's problems, or to increase racial differences, and that refugees should get back in the queue. -
14 December 2012Book page
Bringing them Home - Chapter 17
In each State and Territory with the exception of the ACT specific funding is made available for specialised assistance to Indigenous people seeking family information and reunion support. -
Legal14 December 2012Webpage
International Covenant on Civil and Political Rights – List of issues prior to reporting
This submission is made by the Australian Human Rights Commission, Australia’s national human rights institution. It outlines a number of issues that the Commission suggests should be considered by the Human Rights Committee as it develops a List of Issues Prior to Reporting ahead of Australia’s preparation of its sixth periodic report regarding the implementation of the International Covenant on Civil and Political Rights (ICCPR). -
Legal14 December 2012Webpage
Information concerning Australia and the Convention on the Rights of the Child
Recommendation 1: The Commission recommends that the Australian Government fully incorporate into Australian law its human rights obligations to children, including through the adoption of a federal Human Rights Act. -
14 December 2012Book page
Bringing them Home - Chapter 9
In 1863 the area now known as the Northern Territory came under the control of South Australia. By 1903 the whole area was leased to non-Indigenous people. As there were few non-Indigenous women, relationships between the Indigenous women and non-Indigenous men were relatively common. The consequence was a growing population of children of mixed descent who were usually cared for by their mothers within the Aboriginal community. -
Commission – General14 December 2012Webpage
Senate File Listing 1 July 2009 - 31 December 2009
FileId: 2006/122-2 Create Date 02-Nov-2009 Name: SUBMISSION - ALRC INQUIRY INTO COMMONWEALTH Title: SEDITION LAWS PUBLIC AWARENESS & EDUCATION - LEGAL SUBMISSION -
14 December 2012Book page
Bringing them Home - Chapter 3
Within months of the `First Fleet' arrival at Sydney Cove in 1788 there was `open animosity' as Indigenous people protested against `the Europeans cutting down trees, taking their food and game, and driving them back into others' territories'. Bitter conflict followed as Aboriginal people engaged in `guerilla warfare - plundering crops, burning huts, and driving away stock' to be met by `punitive expeditions of great ferocity in which bands of Aborigines encountered were indiscriminately killed' (Bickford 1988 page 57). -
14 December 2012Book page
Native Title Report 2006: Appendix 3: Recommendations and relevant international human rights law
At the international level there are three broad categories of obligation to which a state may be subject: treaty law, customary international law and emerging international standards. Treaty obligations become binding on states once they have ratified a treaty. This means that the state allows itself to be bound by the conditions and obligations contained within the treaty. Customary international law is enshrined in continuous practice by a majority of states over an extended period of time. -
14 December 2012Book page
Community arrangements -asylum seekers, refugees and stateless persons
This year marks the twentieth anniversary of Australia’s introduction of mandatory immigration detention and the eighteenth anniversary of the system of mandatory, indefinite immigration detention. In the current context, it is apt to recall that mandatory detention was introduced in reaction to the arrival of asylum seekers by boat, with concerns about a potential ‘influx’ spurring bipartisan support for increasingly tough measures on persons who arrived in Australia without a visa.[8] -
14 December 2012Book page
Building understanding and respect for human rights - Annual Report 2009-2010: Australian Human Rights Commission
Our aim is to make this a reality. To that end we strive to build understanding in the Australian community about what human rights are and their relevance for everyday life. We have made good progress on our journey, but we know we have more work to do. -
14 December 2012Book page
Bringing them Home - Chapter 18
Indigenous mental health is finally on the national agenda. As participants in the National Mental Health Strategy, States and Territories acknowledge the importance of the issue. Some of the effects of removal including loss and grief, reduced parenting skills, child and youth behavioural problems and youth suicide are increasingly recognised. -
Legal14 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
Commission Website: National Inquiry into Children in Immigration Detention
The immediate and long-term impact of trauma on children and young people: The implications of placement in detention centres for recovery from trauma and development of resilience