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Legal14 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. -
14 December 2012Book page
Social Justice Report 2001: Chapter 5: Juvenile diversionary schemes and Indigenous people
On 27 July 2000, the Commonwealth government and the Northern Territory Government signed an agreement for the establishment of a juvenile pre-court diversion scheme in the Northern Territory (NT). This agreement arose specifically as a response to the continued criticism of the NTs mandatory minimum imprisonment laws and their impact on juveniles and Indigenous people. By establishing the… -
4 February 2015Book page
7 Preschoolers in detention
7.1 Forming relationships 7.2 The detention environment 7.3 Opportunities for play, learning and development 7.4 Impacts on preschoolers 7.5 Findings specific to preschoolers In preschool children we have seen regressed or disturbed behaviour such as needing to cling to parents at night and refusing to sleep in their own bed; separation anxiety; incontinence; uncharacteristic aggression; the… -
Legal14 December 2012Webpage
The adequacy of the allowance payment system for jobseekers and others, the appropriateness of the allowance payment system as a support into work and the impact of the changing nature of the labour market
Recommendation 1: The Newstart Allowances and supplements should be increased so that they accurately reflect the costs of living, job-seeking and skill development activity. -
14 December 2012Book page
Social Justice Report 1998 : Chapter 4: Government Responses to the Recommendations of Bringing Them Home
Bringing Them Home - the Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families (the National Inquiry) - made 54 'head' recommendations, 83 recommendations in total [1], to address what was referred to as 'the continuing devastation of the lives of Indigenous Australians'. The implementation of most recommendations requires action… -
14 December 2012Book page
4. Australia's Human Rights Obligations
The purpose of this chapter is to explain the relevance of international human rights law to children in Australia's immigration detention centres and to provide a quick reference point on the fundamental human rights principles that have influenced the approach of this Inquiry. This chapter also explains the role of United Nations (UN) guidelines in the Inquiry's analysis of Australia's human… -
14 December 2012Book page
AusHRC 48: Mr CG v State of New South Wales
Pursuant to s 31(b)(ii) of the Australian Human Rights Commission Act 1986 (Cth), I attach my report of an inquiry into the complaint made by Mr CG of discrimination in employment on the basis of criminal record by the Rail Corporation New South Wales. -
14 December 2012Book page
Native Title Report 2007: Chapter 5
Good functioning of prescribed bodies corporate (PBC)2 is essential to native title. Recognition of native title rights only goes part of the way to redress the historical injustice of land dispossession. Without appropriate means to make decisions about land, the existence of native title makes minimal appreciable difference to Indigenous people. -
14 December 2012Book page
Chapter 3: From community crisis to community control in the Fitzroy Valley - Social Justice Report 2010
It is a story of colonisation; the threat of losing our cultural authority to manage our societies; and the despair that has come from that disempowerment. It is a story of grief and trauma and the continued pain of living with grog, drug and violence. -
14 December 2012Book page
Native Title Report 2006: Chapter 2: Economic Development Reforms on Indigenous land
In 2006 the Secretary of the Department of Prime Minister and Cabinet made a revealing statement about Indigenous affairs. He argued that his own government’s policy performance in the Indigenous portfolio had been a failure. He went further to say that while well intentioned, the policies and approaches of the past 30 years had contributed to poor outcomes for Indigenous people. -
14 December 2012Book page
Indigenous Deaths in Custody: Arrest, Imprisonment and Most Serious Offence
Chapter 2. Indigenous Deaths in Custody Chapter 3. Comparison: Indigenous and non-Indigenous Deaths in Custody Chapter 4. Arrest and Imprisonment Rates and Most Serious Offence -
Legal14 December 2012Webpage
Post Implementation Review of the Fair Work Act 2009
We have found that employees in the SACS industry are predominantly women and are generally remunerated at a level below that of employees of state and local governments who perform similar work. [6] -
14 December 2012Book page
Same-Sex: Discussion paper
This is an Inquiry into discrimination against same-sex couples regarding access to financial and work-related entitlements and benefits. Many of Australia’s laws exclude same-sex couples from financial and work-related entitlements and benefits that are enjoyed by heterosexual couples. For example, same-sex couples do not enjoy the same tax and health concessions as other de facto couples… -
14 December 2012Book page
Discussion Paper: African Australians: A report on human rights and social inclusion issues (2009)
The Australia of 2009 is a proud multicultural nation. It is a nation, culturally, socially and economically formed by the unique combination of its First Nation peoples, its early settlers, and by the many waves of subsequent migration. As such, negotiating diversity and respecting people of all faiths, races, cultures and identities has evolved into an important characteristic of being a member… -
Legal14 December 2012Webpage
Inquiry into hearing health in Australia (2009)
This submission is based on research conducted by the Commission into hearing impairment and deafness in Aboriginal and Torres Strait Islander communities in 2009. The submission therefore focuses exclusively on hearing health in Aboriginal and Torres Strait Islander communities. The Commission only commenced this research recently but it is expected to be completed by December 2009. -
14 December 2012Book page
Report No. 42: Mr KL v State of NSW - Report into discrimination in employment
Pursuant to s 31(b)(ii) of the Australian Human Rights Commission Act 1986 (Cth), I attach my report of an inquiry into the complaint made by Mr KL of discrimination in employment on the basis of criminal record by the NSW Department of Education. -
14 December 2012Book page
HREOC Report No. 34
Pursuant to section 11(1 )(f)(ii) of the Human Rights and Equal Opportunity Commission Act1986 ( Cth), I attach a report of my inquiry into a complaint by Mr Daniel Clark. I have found that the act or practice of the Minister for Foreign Affairs and Trade complained of the Minister for Foreign Affairs is inconsistent with or contrary to the human right of freedom of expression as provided for in… -
14 December 2012Book page
Native Title Report 2007: Chapter 3
It is crucial to the functioning of the native title system that there are organisations representing Indigenous people and assisting them to gain recognition and protection of native title. -
Legal14 December 2012Webpage
Submission: Anti-Terrorism Bill (No 2) 2005
Recommendation 1: The Bill should be amended to include additional sub-clauses (in s105.4(4) and (6)), which require the issuing authority to be satisfied that the purpose for which the order is made cannot be achieved by a less restrictive means. -
14 December 2012Book page
Employment standards under the Disability Discrimination Act: resource paper
Submissions should be addressed to the Disability Discrimination Commissioner, Human Rights and Equal Opportunity Commission, GPO Box 5218, Sydney NSW 2000; or through one of the other members of the
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