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Rights and Freedoms
22 January 2014Opinion pieceFreedoms versus anti-discrimination laws? A false debate
Responsibility, anti-discrimination laws, human rights and freedoms - these words have been at the center of an ideological debate about how to protect fundamental freedoms, including freedom of speech, freedom of association and freedom from detention without trial. But if we are serious about securing these fundamental freedoms in Australian law, we must legislate to protect them, just as we ... -
23 January 2014Book page
1. What are Temporary Protection Visas?
Temporary Protection Visas (TPVs) are a type of visa available to people who arrive in Australia without a visa and are found to be owed protection obligations. [1] As its name suggests, a TPV only permits the holder to remain in Australia temporarily (this can be contrasted with a Permanent Protection Visa (PPV), which grants the holder permanent resident status). TPVs can last for up to three ... -
23 January 2014Book page
2. Which people have been granted TPVs?
TPVs were (re)introduced by the Australian Government on 18 October 2013 through a regulation. [3] However, on 2 December 2013 the TPV regulation was disallowed by the Senate, with the consequence that no more TPVs can be granted. While the regulation was in force, between 18 October and 2 December 2013 at least three TPVs were granted to asylum seekers who arrived in Australia without a visa and ... -
23 January 2014Book page
3. What is the difference between a TPV and a bridging visa?
Like TPVs, bridging visas are temporary visas. They allow people (including asylum seekers) to legally reside in the Australian community while they are applying for a longer term visa, appealing a decision relating to their visa, or making arrangements to leave Australia. The key difference is that bridging visas are granted to asylum seekers before any decision is made about whether they should ... -
23 January 2014Book page
4. What are the Commission’s concerns about TPVs?
The Commission raised serious concerns about TPVs when they were used in Australia (with similar conditions attached) from 1999 to 2008. [6] Based on the negative impacts of TPVs on refugees when they were last used, the Commission is concerned that the reintroduction of TPVs may lead to breaches of Australia’s international human rights obligations, for the following reasons. Mental health impact ... -
23 January 2014Book page
5. What does the Commission recommend?
The Commission recommends that all asylum seekers who are found to be owed protection obligations should be granted a PPV, with the associated entitlements to sponsor family members to come to Australia, and to travel outside of Australia. ... -
23 January 2014Book page
6. Useful links
A Last Resort? National Inquiry into Children in Immigration Detention (April 2004), Chapter 16 The end of temporary protection visas for refugees is a step forward for human rights (Commission media release, 14 May 2008) TPVs part of an inhumane system (Commission news story, 3 December 2013) ... -
Asylum Seekers and Refugees
30 January 2014WebpageNational Inquiry into Children in Immigration Detention 2014
About the Inquiry On 3 February 2014 the President of the Commission, Professor Gillian Triggs, launched an inquiry into children in closed immigration detention. The purpose of the Inquiry was to investigate the ways in which life in immigration detention affects the health, well-being and development of children. The Inquiry would assess the impact on children by seeking the views of people who ... -
Aboriginal and Torres Strait Islander Social Justice
30 January 2014Opinion pieceWe need to fix the Constitution, says Social Justice Commissioner
Recognising Aboriginal and Torres Strait Islander peoples in the nation’s Constitution is a waste of time, 2UE Drive host Justin Smith recently argued . There are many things the Constitution doesn’t recognise, he said, the document is dull, and we would be better off if we paid attention instead to the words we use every day. I agree with Mr Smith on one point: the Constitution isn’t a page ... -
Asylum Seekers and Refugees
31 January 2014Webpage
Information about children in immigration detention
Learn about the impact of mandatory immigration detention on children in regard to Australia's obligations under the Convention on the Rights of the Child. -
Asylum Seekers and Refugees
2 February 2014Publication
National Inquiry into Children in Immigration Detention 2014: Discussion Paper
Why are we holding this inquiry? The purpose of this inquiry is to investigate the ways in which life in immigration detention affects the health, well-being and development of children. The inquiry will assess the impact on children by seeking the views of people who were previously detained as children in closed immigration detention and by assessing the current circumstances and responses of ... -
Disability Rights
5 February 2014PublicationEqual Before the Law
Equality Before The Law is a basic tenet of human rights. But I have learned, both as an advocate and during my time as Australia's Disability Discrimination Commissioner, that equality is not always available for Australians with disabilities in the criminal justice system. This report provides a snapshot of where that equality does not exist, highlights services and programs that improve equality before the law for people with disabilities, and sets some directions by which change may occur. -
Legal
6 February 2014PublicationCasenote: Plaintiff M76/2013 v Minister for Immigration, Multicultural Affairs and Citizenship [2013] HCA 53
The High Court found that the Department of Immigration acted on the basis of an error of law when it refused to refer the plaintiff’s case to the Minister for Immigration for consideration of whether to allow her to make a protection visa application. -
Commission – General
10 February 2014WebpageSenate File Listing - 1 July 2013 - 31 December 2013
Senate File Listing previous reports Indexed list of Australian Human Rights Commission Files for 1 July 2013 - 31 December 2013 FileId: 2009/15-5 Create Date 12-Aug-2013 Name: CLOSE THE GAP CAMPAIGN Title: PUBLIC AWARENESS AND EDUCATION - ATSISJU AGENCY LIAISON FileId: 2011/293-9 Create Date 26-Jul-2013 Name: WESTPAC VALUING UNPAID CARING WORK PROJECT Title: PUBLIC AWARENESS & EDUCATION - SAGE ... -
Aboriginal and Torres Strait Islander Social Justice
10 February 2014Publication
Close the Gap - Progress and priorities report 2014
Since the first Australian Government report in 2009, the Campaign Steering Committee has provided an annual complementary 'shadow' report representing its assessment of progress, including against the COAG Closing the Gap Targets for health and life expectancy equality, and the commitments in the Close the Gap Statement of Intent. This is done in the spirit of an open and constructive dialogue between government, the wider community, and Aboriginal and Torres Strait Islander peoples. This progress report is this year’s contribution to this ongoing dialogue. -
11 February 2014Book page
Summary
Access to justice in the criminal justice system for people with disabilities who need communication supports or who have complex and multiple support needs (people with disabilities) is a significant problem in every jurisdiction in Australia. Whether a person with disability is the victim of a crime, accused of a crime or a witness, they are at increased risk of being disrespected and ... -
11 February 2014Book page
1 Disability Justice Strategies – an introduction
1.1 Barriers People with disabilities do not enjoy equality before the law when they come into contact with the criminal justice system in Australia. Whether a person with disability is the victim of a crime, accused of a crime or a witness, they are at increased risk of being disrespected and disbelieved. If a victim, their disability may be seen to mitigate the offender’s guilt; if a perpetrator ... -
11 February 2014Book page
2 The case for change
2.1 Indicators for change In Australia, 45 per cent of people with disabilities live in poverty or near poverty. This situation has worsened since the mid-1990s. Employment rates for people with disabilities have been decreasing and so too have educational outcomes. [4] Women and girls with disability experience violence at significantly higher rates, more frequently, for longer, in more ways and ... -
11 February 2014Book page
3 Police, courts and corrections – the issues
3.1 General findings In our consultations the Commission received information from people with disabilities and their advocates, support services in the community and in government and people in the police, courts and the custody and release system. The Commission also received many submissions and held a number of meetings with community members and public officials who work in or with the ... -
11 February 2014Book page
4 Actions and statements of principle
The Commission considers that each jurisdiction in Australia requires an holistic, coordinated response to the issues raised in this report through a Disability Justice Strategy. The development of a Disability Justice Plan in South Australia provides a good potential model for achieving this. The Commission considers that any Disability Justice Strategy should address a core set of principles and ...