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Business and Human Rights30 November 2022Speech
Executive discretion in a time of COVID-19
Responses to the COVID-19 pandemic have required very quick action by governments. But those responses have also involved significant limitations on people’s rights and freedoms, especially freedom of movement, and implemented through executive power often with limited parliamentary involvement. -
Legal14 December 2012Webpage
Amicus - Hervey Bay:
If the court concerned is satisfied that there has been unlawful discrimination by any respondent, the court may make such orders (including a declaration of right) as it thinks fit, including any of the following orders or any order to a similar effect: -
Asylum Seekers and Refugees10 April 2013Publication
Human rights issues raised by the transfer of asylum seekers to third countries
Human rights issues raised by the transfer of asylum seekers to third countries’ sets out the Australian Human Rights Commission’s position in relation to steps taken recently by the Australian Government to transfer asylum seekers who arrive in Australia by boat to third countries for the processing of their claims for protection. -
14 December 2012Book page
Native Title Report 2010:Chapter 2: ‘The basis for a strengthened partnership’: Reforms related to agreement-making
For Aboriginal and Torres Strait Islander peoples, agreement-making can be an expression of free, prior and informed consent and the beginning of cooperative relationships with governments and other parties. -
Legal14 December 2012Webpage
COAG Review of Counter-Terrorism Legislation
Division 104 of Part 5.3 of the Criminal Code Act 1995 (Cth) provides for the making of control orders. A control order is an order issued by a court (either the Federal Court, Family Court or Federal Magistrates Court), at the request of a member of the Australian Federal Police (AFP), to allow obligations, prohibitions and restrictions to be imposed on a person, for the purpose of protecting the public from a terrorist act.[8] -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - Howe v Qantas
In light of the issues raised during the hearing of the proceedings and in the parties’ written submissions, the Sex Discrimination Commissioner (‘the Commissioner’) seeks the Court’s leave to make the following supplementary submissions. -
Legal14 December 2012Webpage
Commission submission: IVF
(a) whether section 8 of the Infertility Treatment Act 1995 (Vic) ('ITA') is inconsistent, in terms of section 109 of the Constitution, with section 22(1) of the Sex Discrimination Act 1984 (Cth) ('SD Act'); and -
14 December 2012Book page
Social Justice Report 2005 :
The most comprehensive statement of this right is Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).1 Article 12 states: -
Legal14 December 2012Webpage
Electoral and Referendum Amendment Bill 2005
1. The Human Rights and Equal Opportunity Commission (the Commission) welcomes the opportunity to make this submission to the Senate Finance and Public Administration Committee on the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 (the Bill). -
Legal14 December 2012Webpage
Morton v. Queensland Police Service (2010)
The Australian Human Rights Commission (‘the Commission’) has sought leave to appear as amicus curiae in these appeal proceedings. The Commission does not argue for a particular outcome in the appeal, but rather seeks to identify the relevant principles of law for the assistance of the Court. -
Legal14 December 2012Webpage
Submission: Commission intervener
1.1 On 8 February 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.92 of the Family Law Act 1975 (Cth) ("Family Law Act"). -
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
Social Justice Report 2006: Chapter 4: International developments on the rights of indigenous peoples – Closing the ‘protection gap’
In recent years there have been significant developments at the international level that impact upon the recognition and protection of the human rights of indigenous peoples. Most notably, there have been: i) reforms to the machinery of the United Nations (UN) and the emphasis given to human rights within that system; ii) the making of global commitments to action, through the Millennium Development Goals (MDGs) and the Second International Decade of the World’s Indigenous People; and iii) the further elaboration of human rights standards as they apply to indigenous peoples. -
14 December 2012Book page
AusHRC 47: Mr Heyward v Commonwealth of Australia (Department of Immigration and Citizenship)
I attach my report of an inquiry into the complaint made pursuant to sК11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Heyward. -
14 December 2012Book page
Native Title Report 2000: Chapter 3: Native title and sea rights
One of the major events of the period covered by this report was the handing down of the decision by the full Federal Court in the Croker Island case (1) on appeal from the decision of Justice Olney. (2) It is the major test case on the recognition of native title sea rights and represents the most authoritative statement of the law in Australia at the present time. It was a split decision and this chapter analyses the human rights implications of the different legal positions adopted by the majority and the minority decisions of the court. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Social Justice and Wellbeing (2010)
I begin today by paying my respects to the Ngunnawal peoples and their elders, whose land we meet on today. I acknowledge their graciousness in sharing their lands and their culture with all those who live and visit here. -
Legal6 April 2018Submission
Migration Amendment (Clarification of Jurisdiction) Bill 2018
Downloads Introduction The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Legislation Committee in its Inquiry into the Migration Amendment (Clarification of Jurisdiction) Bill 2018 (Cth) (Bill) introduced by the Australian Government. Summary This Bill proposes to amend Part 8 of the Migration Act 1958 (Cth) (Migration Act) which deals with ... -
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
HREOC Social Justice Report 2002: International developments in the recognition of the rights of Indigenous peoples
The circumstances of Indigenous peoples were virtually invisible at the United Nations approximately thirty years ago. Very little attention had been devoted to their situation and their claims were by and large unheard in international fora. Since the early 1970s, however, Indigenous peoples have made significant inroads towards the recognition of their rights and acceptance of their legitimate place within the international community. The results, while incomplete, have been nothing short of extraordinary. -
14 December 2012Book page
Native Title Report 2008 - Chapter 6
Water is vital to life, essential to agriculture and a valuable energy source which may be utilised in the mitigation of climate change impacts. Water is extremely valuable globally to both Indigenous and non-Indigenous peoples and is used for many different purposes. Water is also important to both for different reasons.
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