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14 December 2012Book page
HREOC Report No. 24
This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission [1] (the Commission) following an inquiry conducted by the Commission. The inquiry related to a complaint by Amnesty International Australia (Amnesty) on behalf of Mr PH1, Mr PH2, Mr PH3, Mr PH4 and Mr PH5 (the asylum seekers) against the Commonwealth of Australia (the Commonwealth), Department of Immigration, Multicultural and Indigenous Affairs (the Department). -
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
HREOC Report No. 17
This is a Report of the findings and reasons for findings made by the Human Rights and Equal Opportunity Commission (the Commission) following an inquiry conducted by the Commission. The inquiry related to a complaint by the Asylum Seekers Centre (the Centre) against the Commonwealth of Australia (the Commonwealth), Department of Immigration and Multicultural Affairs (the Department). -
Legal14 December 2012Webpage
Commission submissions: Khafaji
The Commonwealth relies upon Australia's response to the UNHRC's decision in A v Australia.(34) Nothing flows from that response. The UNHRC hears individual complaints of violations of the ICCPR (called "communications") under the First Optional Protocol to the ICCPR. (35) Australia is a party to the First Optional Protocol. (36) The decisions or "views" of the UNHRC regarding those communications do not constitute legally binding decisions in international law. (37) However, as the UNHRC has noted: -
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. -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 6: Procedure and Evidence
Part IIB of the HREOC Act sets out the provisions governing the procedure for federal unlawful discrimination matters.1 That procedure can be summarised as follows: -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Department of Justice and Youth Studies at the Royal Melbourne Institute of Technology The Department of Justice and Youth Studies (JYS) is part of the Faculty of Education, Language and Community Services (FELCS) at RMIT University. JYS offers undergraduate courses in Criminal Justice Administration and Youth Affairs, as well as Masters by Research and PhD programs. -
5 February 2015Book page
8 Primary school aged children in detention
8.1 Needs and development of children at this stage of life 8.2 Emotional health and wellbeing 8.3 The role of parents in detention 8.4 Physical environment of detention and resources 8.5 School education 8.6 Excursions out of detention 8.7 Findings specific to primary school aged children [They are] crying all day long ... tortured by sadness. Take the children out and keep us in . (Parent of ... -
14 December 2012Book page
Social Justice Report 2001: Chapter 4: Laws mandating minimum terms of imprisonment (‘mandatory sentencing’) and Indigenous people
On 13 April 2000, the Senate requested the Human Rights and Equal Opportunity Commission to inquire into all aspects of the agreement between the Northern Territory Government and the Commonwealth regarding the Territory’s mandatory sentencing regime; the consistency of mandatory sentencing regimes with Australia’s international human rights obligations; and Western Australia’s mandatory sentencing regime.[1] -
14 December 2012Book page
Indigenous Deaths in Custody: Chapter 6 Police Practices
Explore a report prepared for the Aboriginal and Torres Strait Islander Commission in relation to Indigenous deaths in custody and police practices. -
Legal14 December 2012Webpage
Outstations Policy Discussion Paper (2008)
The Australian Human Rights Commission (the Commission) makes this submission to the Office of Indigenous Policy, Northern Territory Department of Chief Minister in its Inquiry into Outstations Policy. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
This submission has been prepared by staff and law students from the Southern Communities Advocacy Legal and Education Service Inc (SCALES). The students worked on this submission as part of a course offered through Murdoch University School of Law in Advanced Clinical Legal Education. This unit is conducted at the School's Law Clinic - SCALES which is also a community legal centre that provides free legal advice, information and representation to low income people living in the Kwinana, Rockingham and Mandurah areas. -
14 December 2012Book page
HREOC Report No.14
This report to the Attorney-General concerns an inquiry by the Human Rights and Equal Opportunity Commission ("the Commission") into a complaint made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOCA"). The subject of this report is a complaint of age discrimination made by Mr Andrew Hamilton who was employed by the Commonwealth in the Australian Defence Force ("the ADF"). -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. INTRODUCTION 2. HUMAN RIGHTS IMPLICATIONS FOR MINORS OF AUSTRALIA'S MANDATORY DETENTION 3. ADDITIONAL ISSUES FOR UNACCOMPANIED MINORS IN DETENTION 4. ALTERNATIVES TO DETENTION 5. CONCLUSION -
Legal14 December 2012Webpage
Commission submissions: Sakhi
1. The Human Rights and Equal Opportunity Commission (“the Commission”) seeks the leave of the Court to intervene to make submissions in this case. -
14 December 2012Book page
Native Title Report 2000: Chapter 2: Definition and extinguishment of native title by the common law
This year the High Court will decide fundamental issues about the nature of native title and the extent to which it is protected by the common law. In hearing the appeal of the Miriuwung, Gajerrong and Balangarra peoples from the decision of the Full Federal Court in Western Australia v Ward (1) the court will be called upon to arbitrate an old dispute that has never been settled; that between Indigenous and non-Indigenous people as competing claimants for land. In this arbitration process the survival of non-Indigenous interests is assured. -
Legal14 December 2012Webpage
Questions on Notice 8 May 2003
I refer to the Questions on Notice received by the Human Rights and Equal Opportunity Commission ("HREOC") after it gave evidence before the Senate Legal and Constitutional Legislation Committee's Reference on the Australian Human Rights Commission Legislation Bill 2003 ("AHRC Bill") on 29 April 2003 and provide the following responses. -
14 December 2012Book page
HREOC Report No. 26
Pursuant to s 31(b)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach, on behalf of the Commission, a report of an inquiry conducted by my predecessor, Professor Alice Tay. The inquiry dealt with a complaint of discrimination in employment by Mr Kenneth Douglas against the Commonwealth of Australia (Australian Defence Force). -
14 December 2012Book page
The Road So Far – the Age Discrimination Act 2004 (Cth) (2011)
When the Age Discrimination Act 2004 (Cth) (the Age Discrimination Act or the Act) was introduced in 2004 it heralded a new era in the recognition of age discrimination in Australia. Subsequently, the Australian Human Rights Commission published a paper ‘Roadmap to the Age Discrimination Act’ which provided an analysis of the Act as it was conceived in 2004.[1]