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14 December 2012Book page
Community arrangements for asylum seekers, refugees and stateless persons - Some barriers to use of community arrangements
Despite the significant positive developments of the past two years, the Commission remains seriously concerned about some aspects of Australian law and policy on asylum seekers, refugees and immigration detention. The Commission is primarily concerned about the prolonged or indefinite detention and lack of durable solutions or substantive visa pathways for certain groups of people in immigration… -
Legal
14 December 2012WebpageSubmissions on the Sex Discrimination Amendment (Teaching Profession) Bill 2004
2. First, the Bill is unnecessary because it is unlikely to achieve its stated purpose; that is to address the problem of the imbalance in the number of male and female school teachers and the assumed effect of that imbalance on the education of male school students. In that regard the Commission notes that there is little available evidence which suggests that proposed amendment would increase… -
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. -
Legal
14 December 2012Webpage
melbourne trams exemption information sheet
On 6 November 1998 the Human Rights and Equal Opportunity Commission received an application by the Victorian Public Transport Corporation and others for an exemption from sections 23 and 24 of the Disability Discrimination Act 1992. Section 23 of the Act relates to access to premises. Section 24 of the Act relates to goods, services and facilities (including public transport). -
Legal
14 December 2012Webpage
Commission submissions: Mt Isa
3. His Honour failed to take into account the decision of the High Court of Australia in Waters -v- the Public Transport Commission in stating that the National Occupational Health and Safety Commission is not limited in its consideration by anything set down in the Sex Discrimination Act 1984. -
14 December 2012Book page
Social Justice Report 2004 : SUMMARY SHEET FOUR
Recommendations and follow up actions Addressing the needs of Indigenous women exiting prison The new arrangements for the administration of Indigenous affairs Follow up actions by the Social Justice Commissioner Download as PDF Recommendations and follow up actions -
14 December 2012Book page
Resolving discrimination and human rights issues - Annual Report 2009-2010: Australian Human Rights Commission
We can also investigate complaints about alleged breaches of human rights by the Commonwealth and its agencies, as well as discrimination in employment based on a person’s sexual preference, criminal record, trade union activity, political opinion, religion or social origin. -
14 December 2012Book page
Social Justice Report 2005: Fact Sheet 2 - Shared Responsibility Agreements
The term 'Shared Responsibility Agreement' (SRA) describes agreements between Aboriginal and Torres Strait Islander communities and groups and Australian governments based on the principle of mutual obligation. The principle of mutual obligation requires both parties, the community and the Government to each contribute towards making the agreement work. This fact sheet looks at SRAs in the light… -
Legal
14 December 2012Webpage
Migration Matters
This submission is made by the Human Rights Commissioner on behalf of the Human Rights and Equal Opportunity Commission (‘the Commission’) in response to the Terms of Reference issued by the Select Committee on Ministerial Discretion in Migration Matters. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 7
Workers’ compensation schemes are intended to provide compensation to an employee who is incapacitated because of a work-related accident or to an employee’s dependants if the employee dies because of a work-related accident. -
Legal
14 December 2012Webpage
Summary of Submission to ATSIC Review
Dr Bill Jonas has called on the government to strengthen the monitoring role of ATSIC at the national level as well as provide it with enhanced powers at the state and regional levels. Dr Jonas is the Aboriginal and Torres Strait Islander Social Justice Commissioner. His comments were made in a submission made on behalf of the Human Rights and Equal Opportunity Commission and lodged with the… -
Rights and Freedoms
1 May 2013WebpageMinimum guarantees in criminal proceedings
Back to rights and freedoms: right by right ICCPR Article 14 states All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The Press and the public may be… -
14 December 2012Book page
Social Justice Report 2001: Recommendations
In submitting this report I am required to make any recommendations as to actions that should be taken by governments to improve the recognition of the human rights of Indigenous people.[1] This year’s report contains 12 recommendations, which are reproduced here and discussed further in the relevant chapters. -
Legal
14 December 2012Webpage
Inquiry into older people and the law (6 June 2007)
We appeared before the House Standing Committee on Legal and Constitutional Affairs (‘Committee’) in its Inquiry into older people and the law (‘Inquiry’) on 15 May 2007. -
Legal
14 December 2012Webpage
Migration Amendment (Review Provisions) Bill 2006
The changes may or may not improve the efficiency of tribunal processes. However, it is more than likely that they will result in an unfair process for determining refugee and migration claims. -
Disability Rights
14 December 2012SpeechEqual employment opportunity for people with disabilities: how to move from the theoretical to the actual
I congratulate EOPHEA for organising this discussion. Although, of course, your focus is primarily on employment in the university environment, the conference program is clearly designed to address equal opportunity issues of much more general significance. I have approached my own paper in the same spirit: I hope it will be particularly relevant in your own context as equity practitioners in… -
Disability Rights
14 December 2012Speech
World Mental Health Day Address
Thank you for the opportunity to speak here today, World Mental Health Day. I am very pleased that World Mental Health Day this year is dedicated to the theme Human Rights and Mental Health. This theme recognises that mental health issues are human rights issues - a view argued strongly and consistently by our Human Rights Commission for many years. -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - Howe v Qantas
However, if appropriate, and with leave of the Court, the Commissioner reserves the right to make further submissions on legal matters which may arise during the hearing of this matter and after receipt of the respondent’s particularised points of defence. No submissions are to be made in relation to the evidentiary and factual matters that may arise for determination. -
Legal
14 December 2012Webpage
Migration Submission (May 2004)
As Mr Lenehan observed (at page 13 of the Hansard) the Commission's written submission did not include a specific proposal for a legislative provision conferring discretion on courts to extend the proposed time limits. Having had the opportunity to consider that issue further, the Commission puts forward the following suggested amendments to the Bill: -
Rights and Freedoms
9 April 2014Speech
The freedom wars and the future of human rights in Australia
Address to the National Press Club, Canberra