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14 December 2012Book page
4 The use of wrist x-ray analysis
This chapter considers some of the Commonwealth’s practices regarding the use of wrist x-ray analysis as a means of assessing chronological age for the purposes of criminal prosecution. It highlights situations where the reliance on wrist x-rays as evidence of age was contrary to stated Australian Government policy; or where it contributed to individuals who were in fact children, or who are likely to have been children, spending long periods of time in detention, including in adult correctional facilities. -
Legal
14 December 2012WebpageInquiry into the Equal Opportunity for Women in the Workplace Act 1999 and Equal Opportunity for Women in the Workplace Agency (2009)
The Australian Human Rights Commission (the Commission)[1] welcomes the opportunity to make this Submission to the Australian Government Review of the Equal Opportunity for Women in the Workplace Act 1999 (Cth) (the EOWW Act) and the Equal Opportunity for Women in the Workplace Agency (the EOWA). -
Children's Rights
12 November 2014SpeechProtected and safe: a child’s right, our responsibility
Megan Mitchell National Children’s Commissioner National Child Protection Week Gala Dinner – Alice Springs Thursday 11 September Introduction Thank you, Jade and Jacob and good evening everyone. I’m delighted to be here tonight as part of National Child Protection Week. Can I start by acknowledging the traditional owners of the land on which we are meeting today, the Arrentre – Arrunda - people ... -
Legal
14 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. -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased had been arrested for driving under the influence of alcohol and for driving while disqualified. He was placed in what the Coroner described as an enclosed cell, in which occupant vision is impossible, at around 3.00am and told he would remain there for a period of four hours. -
Legal
14 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. -
Age Discrimination
9 April 2013PublicationThe Road So Far – the Age Discrimination Act 2004 (Cth)
This paper replaces the previous Commission paper - ‘Roadmap to the Age Discrimination Act’. It includes an update on subsequent changes made to the Act. The paper will also look at the ways in which the Act is used by members of the public in exercising their rights, specifically in relation to making complaints and seeking temporary exemptions. -
Legal
14 December 2012Webpage
Commission submissions: Hurst
View a report into the Commission seeking leave to intervene in the case of Tiahana Hurst v State of QLD in relation to the Disability Discrimination Act. -
4 February 2015Book page
4 An overview of the children in detention
4.1 Nationalities of the children in detention 4.2 Reasons for seeking asylum 4.3 Age of children in detention 4.4 Unaccompanied children 4.5 When did the children arrive in Australia? 4.6 How long are children kept in detention? 4.7 Movement of children across the detention network 4.8 Mental health and wellbeing of children in detention 4.9 Detention is a dangerous place 4.10 Rates of self-harm ... -
Legal
14 December 2012Webpage
Commission Submission - Country v Beers
1. On 16 July 2003 the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner (the Commissioner) was granted leave to appear as amicus curiae in these proceedings, pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the HREOC Act). -
Legal
14 December 2012Webpage
Criminal Code Amendment (Trafficking in Persons Offences) Bill 2004
At the hearing held 23 February 2005, the Commission took a number of questions on notice from Senator Ludwig. I am advised that the answers to the Honourable Senator's questions are as set out below. -
28 October 2013Book page
2 Onshore detention and processing
2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained in ... -
14 December 2012Book page
Native Title Report 2000: Appendix 1
(a) whether the finding of the Committee on the Elimination of Racial Discrimination (CERD Committee) that the Native Title Amendment Act 1998 is inconsistent with Australia's international legal obligations, in particular the Convention on the Elimination of all Forms of Racial Discrimination, is sustainable on the weight of informed opinion; -
Sex Discrimination
7 February 2020Publication
Respect@Work: Community Guide to the Sexual Harassment National Inquiry Report (2020)
Also available: Full Report A message from the Commissioner Australia was once at the forefront of tackling sexual harassment globally. Women’s organisations in Australia began to press for the legal and social recognition of sex discrimination in the early 1970s. This movement built on Australia’s ratification of two key international conventions: the International Labour Organization’s ... -
Legal
14 December 2012Webpage
Model Spent Convictions Bill
Recommendation 2: Provision be made for serious offences by providing that serious offences can only be spent if a court so orders (in accordance with the procedure set out at clause 9). -
Rights and Freedoms
27 November 2013SpeechFreedom of Speech and Racial vilification: one man’s freedom ends where another’s starts
The Sydney Institute Tuesday 26 November 2013 6pm Venue: King & Wood Mallesons, Level 61, Governor Phillip Tower, 1 Farrer Place, Sydney (Check against delivery) I am pleased to have the opportunity to contribute to the Sydney Institute speakers program and to discuss two freedoms- freedom of speech and freedom from racial vilification. The Sydney Institute is an invaluable not for profit group ... -
14 December 2012Book page
Report No. 40: Complaints by immigration detainees against the Commonwealth of Australia (Department of Immigration and Citizenship, formerly the Department of Immigration and Multicultural and Indigenous Affairs) and GSL (Australia) Pty Ltd (2008)
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of an inquiry by the former President of the Commission into complaints made by immigration detainees against the Commonwealth of Australia. The former President found that the Commonwealth had breached the human rights of the complainants pursuant to articles 10(1) and 17(1) of the International Covenant on Civil and Political Rights. -
Legal
14 December 2012Webpage
Submission on Extradition review discussion paper
1.1 The Human Rights and Equal Opportunity Commission (‘HREOC’) is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’). It is Australia's national human rights institution. 1.2 Its functions are set out in section 11(1) of the HREOC Act and include the power to promote an understanding and acceptance, and the public discussion, of human rights in Australia. -
Legal
14 December 2012Webpage
Submission to the Review of ATSIC
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission. [1] It responds to the public discussion paper titled 'Review of the Aboriginal and Torres Strait Islander Commission - June 2003'. -
25 September 2013Book page
6 Some regulatory challenges
The challenge of finding the appropriate balance between rights is not one which is specific to the Internet. It is difficult to know if Australian laws that limit freedom of expression in the interests of other rights, or on other permissible grounds, have ‘drawn the line’ appropriately without a comprehensive review of such laws. In New Zealand, a legislative review undertaken by the New Zealand ...