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14 December 2012Book page
Native Title Report 2002: Recognition of native title
Native title is an intersection of two different legal systems and cultures. The way in which Australia chooses to give recognition to the relationship that Indigenous people have with their land, and the range of options it considers to express that relationship, are matters that affect the human rights of Indigenous people. -
Commission – General22 March 2024Speech
AALA Harmony Day and IWD
Emeritus Professor Rosalind Croucher AM FAAL Acknowledgements [Thank you to Clayton Utz and to Dora Cheung, AALA] Let me begin by acknowledging the traditional custodians of the land on which we meet, the Gadigal people of the Eora Nation and pay my respect to Elders, past, present and emerging. I was invited to this event to celebrate Harmony Day, and also to connect the recent celebration of ... -
14 December 2012Book page
Native Title Report 2001: Chapter Three: Negotiating co-existence through framework agreements
A stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land is emerging through negotiation and agreement-making. Native title agreements are increasingly seen as an important tool in defining the rights of native title holders over their land. But here, as in other aspects of native title, there is concern that there are currently no mechanisms to safeguard human rights principles. Substantive, just and equitable outcomes are only achieved if there are minimum standards in place to recognize and protect these principles. -
14 December 2012Book page
Native Title Report 2003 : Chapter 2 : Native Title Policy - State and Commonwealth profiles
Human rights principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given legal recognition and protection. International legal principles also recognise that Indigenous peoples have economic, social and cultural human rights. Native title, as it is constructed through the Australian legal system, has a limited capacity to meet these human rights standards. -
14 December 2012Book page
HREOC - Annual Report 2001 - 2002: Statement from the President
The Human Rights and Equal Opportunity Commission occupies a unique place in Australian society. It sits independent of Government, yet it is not what is traditionally known as a non-government organisation (NGO) or an advocate. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Webpage
Overcoming Indigenous Disadvantage Report 2005
I would like to acknowledge the traditional owners of the country on which we speak other Aboriginal and Torres Strait Islander people in the room, representatives of the Productivity Commission, Reconciliation Australia and the Human Rights and Equal Opportunity Commission invited guests and other speakers. -
14 December 2012Book page
HREOC - Annual Report 2001 - 2002:Chapter 3: Legal Services
The Commission's jurisdiction to hear and determine complaints of unlawful discrimination ceased on 13 April 2000 with the commencement of the Human Rights Legislation Amendment Act (No.1) 1999 (Cth) and was transferred to the Federal Court and Federal Magistrates Service. The Commission retained the jurisdiction to complete those public inquiries that had commenced prior to 13 April 2000. -
14 December 2012Book page
Native Title Report 2008 - Appendix 8
The DKCRC is dedicated to improving conditions for all desert Australians and it recognises that there have been past instances of Aboriginal people’s knowledge and intellectual property being misappropriated and exploited. The DKCRC Board also recognises that the DKCRC’s objectives will only be achieved by working in equitable partnership with Aboriginal people. Such partnerships include knowledge sharing in research and potentially the creation of new intellectual property. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
WA Law Reform Commission Report into Aboriginal Customary Laws
I would like to begin by acknowledging the Noongar people on whose land we are today and pay my respects to their elders. The recent recognition of the Noongar as traditional owners of this land sets a significant context for the launch of the Western Australian Law Reform Commission Report on Aboriginal Customary Laws. The recognition of Noongar native title through Australian law is the most powerful confirmation possible that as a society they possessed, and continue to possess, well-developed systems of law and custom. -
14 December 2012Book page
Native Title Report 2006: Chapter 6: Ngarda Civil and Mining
Ngarda Civil and Mining (Ngarda) began its operation five years ago with six staff and six whipper-snippers. It is now a multi-million dollar Indigenous owned and operated business that provides contracting services to the mining and construction industries in four regions of the Pilbara. -
Rights and Freedoms5 November 2020Speech
Do we have the necessary legal grammar to talk human rights?
We’re all talking human rights—but do we have the necessary legal grammar for them? Emeritus Professor Rosalind Croucher AM Acknowledgement Chief Justice, Justices, Masters and Registrars, good morning. Thank you to Justice Paul Tottle for the invitation to speak with you today. I’m sorry I can’t be with you in 3D, but WA once again has distanced itself from the rest of Australia in closing ... -
14 December 2012Book page
Native Title Report 2006: Chapter 7: The Yarrabah Housing Project
Underpinning the Government’s partnerships approach to Indigenous policy is the belief that economic development is the key to sustainable improvement in the quality of life of residents of Indigenous communities.1 -
Legal14 December 2012Webpage
Comments 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] -
14 December 2012Book page
Native Title Report 2008 - Appendix 4
The following international instruments[1] have been placed in tables according to topic area. Note, however, that many of the instruments are relevant to several topic areas. Clauses marked * are relevant to Indigenous knowledge’s. -
14 December 2012Book page
Native Title Report 2001: Chapter One: The Right to Negotiate and Human Rights
The 'right to negotiate' is a fundamental right assured by the Commonwealth Native Title Act (the 'NTA') and reflected in international human rights standards. Yet in practice the capacity of native title parties to exercise their 'right to negotiate' is determined by factors other than the mere existence of the right. Given the primary role of state and territory governments in land administration, their policies regarding the administration of the right to negotiate have a significant impact on native title parties' capacity to exercise their 'right to negotiate'. -
14 December 2012Book page
HREOC Report No. 29
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into complaints made by Ms Susan Campbell that the human rights of her daughter were breached by the Commonwealth of Australia. I have found that acts or practices of the Commonwealth were inconsistent with or contrary to the human rights of Ms Campbell’s daughter as provided for in Article 3(1) and 19 of the Convention on the Rights of the Child. -
14 December 2012Book page
Native Title Report 2002: Native title: the way forward
In the past 12 months the High Court has handed down several significant decisions which clarified the principles upon which the recognition and extinguishment of native title are determined. These principles are set out and discussed in the first three chapters of this report. In clarifying these principles, some of the Judges of the High Court have been mindful of their effect on Indigenous people. -
14 December 2012Book page
Native Title Report 2006: Chapter 4: South Australia’s State-Wide Indigenous Land Use Agreement (ILUA) Framework
In most states and territories of Australia, Indigenous Land Use Agreements (ILUAs) are negotiated on a case by case basis between the relevant parties, usually traditional owners, governments and industry groups. South Australia however, has taken a more comprehensive approach to these agreements. The South Australian Government, Indigenous traditional land owners and industry stakeholders have developed a state-wide framework that streamlines ILUA processes and reduces the resources that are required for successive negotiations. -
14 December 2012Book page
Annual Report 2008-2009: Milestones
I have pleasure in presenting the Annual Report of the Australian Human Rights Commission for the period ending 30 June 2009, pursuant to section 45 of the Human Rights and Equal Opportunity Commission Act 1986. The report has been prepared in accordance with the requirements of section 70 of the Public Service Act 1999. -
14 December 2012Book page
Annual Report 2001-2002: Statement from the President
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.