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Commission – General14 December 2012Speech
ADR: an essential tool for human rights
I would like to begin by acknowledging the Elders and Traditional Owners of Darwin, the Larrakia People, and to thank them for the opportunity to visit this beautiful part of the country. After that very heartfelt welcome to country, I feel very privileged to be here this morning. -
14 December 2012Book page
Native Title Report 2010: Chapter 3: Consultation, cooperation, and free, prior and informed consent: The elements of meaningful and effective engagement
On 3 April 2009, the Minister for Families, Housing, Community Services and Indigenous Affairs (Minister for Indigenous Affairs) delivered a formal statement in support of the United Nations Declaration on the Rights of Indigenous Peoples (Declaration).[1] In this statement, the Minister acknowledged that ‘[w]e need to find more ways of hearing Indigenous voices’.[2] -
19 March 2024Webpage
About Speaking from Experience
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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. -
14 December 2012Book page
Bringing them Home - Chapter 26
An entrenched pattern of disadvantage and dispossession continues to wreak havoc and destruction in Indigenous families and communities. This situation has been described in the preceding chapters of this Part. State and Territory legislation, policy and practice in the areas of child welfare, care and protection, adoption and juvenile justice do not comply with the evaluation criteria established by the Inquiry (see Chapter 15). -
Legal14 December 2012Webpage
Workplace Relations Amendment (WorkChoices) Bill 2005
Mr John Carter, Secretary Senate Employment, Workplace Relations and Education Committee Department of the Senate Parliament House Canberra ACT 2600 By email: eet.sen@aph.gov.au -
14 December 2012Book page
Native Title Report 2007: Chapter 2
Whether Indigenous peoples are able to gain full recognition and protection of their native title rights and interests, depends significantly on the process by which native title applications are resolved. -
14 December 2012Book page
Native Title Report 2005 : Chapter 3 : The economic logic of the NIC Principles and economic development on Indigenous lands
As my predecessor pointed out in the Native Title Report 2003, native title is a political process as well as a legal process. Indigenous people enter a relationship with the State on the basis of their identity as the traditional owner group of an area of land. In some cases native title has provided the first opportunity since colonisation for a relationship of this type to be formed. -
Legal14 December 2012Webpage
Human Rights (Parliamentary Scrutiny) Bill 2010 and the Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Bill 2010
Recommendation 1: The Commission recommends that the functions of the Committee be expanded to include an ability to initiate and conduct inquiries regarding the issues raised in the findings of United Nations treaty bodies (such as concluding observations) and special procedures of the UN Human Rights Council (such as reports of special rapporteurs, working groups and under the Universal Periodic Review process). -
Rights and Freedoms19 August 2016Speech
Tony Blackshield Lecture
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years. I have two memories ... -
Legal14 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. -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased was travelling with a friend in a car on Kloeden St, Ceduna at around 1:30am on the morning of Sunday 2 July. The car was approached by police who later stated that they were attending to a break-in in the street. The officers ran a warrant check on the pair. The friend was allowed to go but the deceased was arrested on warrants for non-payment of fines and a non-appearance on an assault police charge at Port Lincoln Courthouse, 300km from Ceduna. Following the arrest procedures the deceased was placed in the police cell complex around about 2.30am. -
Rights and Freedoms26 September 2016Speech
Human rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS GILLIAN TRIGGS [*] (Annual Tony Blackshield Lecture delivered at Macquarie Law School, Macquarie University, 5 November 2015) I It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the ... -
Aboriginal and Torres Strait Islander Social Justice1 March 2016Publication
Toomelah Report (1988)
The Toomelah community of five hundred Aboriginal people endures appalling living conditions which amount to a denial to them of the most basic rights taken for granted by most other groups in society, and by other Australian communities of similar size. Their houses are substandard and overcrowded, actually contributing to a range of diseases. The community has for decades lived without an adequate and certain water supply, a properly functioning sewerage system and a safe means of sewage disposal. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
This submission aims to highlight a number of issues for children in immigration detention arising from the Department of Human Services' (DHS) involvement in child protection, health service provision to children and their families, settlement support and care of unattached minors. -
Disability Rights29 June 2015Publication
Technology accessibility for older people or with disability
The Commission has sought in the conduct of this reference and in its approach to this report to take advantage of the potential of new technologies for achieving improved effectiveness, efficiency and accessibility of information and service delivery which this report and previous papers for this reference discuss. -
14 December 2012Book page
HREOC Report No. 18
1. The commission's jurisdiction 2. The complaint 3. The complainant's evidence and submissions 4. Respondent's response 5. Documentary material before the commission 6. Conciliation 7. Preliminary findings of Commissioner Sidoti 8. Response to Commissioner Sidoti's preliminary findings 9. My Further Preliminary Findings 10. Respondent's response to my Further Preliminary Findings 11. Section 21 Notice 12. Findings of fact 13. Findings on liability 14. Article 10 15. Article 9(1) 16. Recommendations -
14 December 2012Book page
Chapter 3: Remote Indigenous education: Social Justice Report 2008
...education is the engine room of prosperity and helps create a fairer, more productive society. It is the most effective way we know, to build prosperity and spread opportunity...[1] -
Commission – General14 December 2012Speech
President speeches: The influence of human rights on judicial decision-making
May I acknowledge the Gadigal people of the Eora nation, the traditional owners of the land upon which we meet, and pay my respect to their elders past and present. -
14 December 2012Book page
14. Unaccompanied Children in Immigration Detention
Most children come to Australia with their parents, but some come alone, either sent by their family for their protection or because they have lost their family in a crisis.