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Legal6 February 2014Submission
Judicial review of lawfulness of detention (2013)
The Australian Human Rights Commission provides this response to the questionnaire from the Working Group on Arbitrary Detention in relation to judicial review of the lawfulness of detention. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 8: Deprivation of Liberty and Humane Detention
In accordance with the general principle stated at Guideline 2 and the UNHCR [1] Guidelines on Refugee Children, minors who are asylum seekers should not be detained -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
ChilOut was established in July 2001 by a group of concerned parents and citizens who felt compelled to advocate and act on behalf of children and their parents living in Australia's immigration detention centres (IDC). -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission addresses some of the issues and questions raised in the background papers prepared by the Human Rights and Equal Opportunity Commission (HREOC) and in relation to the United Nations Convention on the Rights of the Child (1989) and the Convention Relating to the Status of Refugees (1951) and its 1967 Protocol (the Refugee Convention). The conclusions drawn in this submission arise… -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
Commissioners: DR SEV OZDOWSKI, Human Rights Commissioner MRS ROBIN SULLIVAN, Queensland Children's Commissioner PROFESSOR TRANG THOMAS, Professor of Psychology, Melbourne Institute of Technology MS VANESSA LESNIE, Secretary to the Inquiry -
14 December 2012Book page
Bringing them Home - Chapter 1
Our life pattern was created by the government policies and are forever with me, as though an invisible anchor around my neck. The moments that should be shared and rejoiced by a family unit, for [my brother] and mum and I are forever lost. The stolen years that are worth more than any treasure are irrecoverable. Confidential submission 338, Victoria. -
14 December 2012Book page
Native Title Report 2000: Chapter 5: Implementing the amendments to the Native Title Act
In 1999 and 2000 the Committee on the Elimination of Racial Discrimination (the CERD Committee) and the Human Rights Committee (HRC) of the United Nations both criticised the 1998 amendments to the Native Title Act 1993 (the NTA) as limiting the rights of Indigenous people.(1) The committees found that the amendments were discriminatory and recommended that Australia either suspend implementation… -
14 December 2012Book page
National Inquiry on Employment and Disability Interim Report: chapter 6
Discussion about people with disability in the open workplace tends to focus on whether a person can find a job, rather than keep a job. While successfully obtaining a job is clearly the first step for a person seeking employment in the open workplace, it is only the first step. -
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… -
Commission – General14 December 2012Speech
President speech: Using human rights to inform administrative decision-making
The right to non-discrimination on the basis of sex and immigration regulations: Abdulaziz, Cabales and Balkandali v The United Kingdom (28 May 1985) Eur Court HR -
Commission – General14 December 2012Speech
Federal Anti-discrimination Law - 2004
In May last year I stepped down from my position as a Judge of the Federal Court to accept the role as President of HREOC. It has been a time of new challenges, such as the need to balance the legislative and administrative responsibilities that the Commission has been given by the federal government, with the important role of advocating for the rights of those on the margins of Australian… -
14 December 2012Book page
Social Justice Report 1998 : Chapter 1: The Aftermath for Indigenous Peoples
It has been worth it because the wider community is more aware of the issues and our history, but the opening of the old scars has been difficult. It's vital that the truth comes out, though. -
14 December 2012Book page
Annual Report 2002-2003: Chapter 1
The Commission is a national independent statutory body established under the Human Rights and Equal Opportunity Commission Act 1986. It has a President and five Commissioners. The five positions are currently held by three persons. Please refer to the organisational chart for further information. -
14 December 2012Book page
HREOC - Annual Report 2001 - 2002: Chapter 1: The Commission
The Commission is a national independent statutory body established under the Human Rights and Equal Opportunity Commission Act 1986. It has a President and five Commissioners. The five positions are currently held by three persons. -
Legal14 December 2012Webpage
Submission: MIGRATION AMENDMENT (DESIGNATED UNAUTHORISED ARRIVALS) BILL 2006
1.1 The Human Rights and Equal Opportunity Commission (‘The Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 (‘the Bill’). 1.2 The Commission welcomes the opportunity to make this submission and thanks the… -
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
Native Title Report 2007: Chapter 11
While the native title system is able to deliver social and cultural outcomes through determinations of native title, Indigenous land use agreements (ILUAs) are one of the only ways in which native title holders can pursue economic development. -
Disability Rights14 December 2012Speech
Disability discrimination legislation and its implementation (1997)
When I was invited to prepare this paper, Andrew Byrnes encouraged me to concentrate on drawing out strategic thoughts from the Australian experience which might be relevant in Hong Kong , and perhaps in other countries also. That is what I hope to do, rather than spending much time simply reciting that experience or the terms of Australia 's legislation. -
Legal14 December 2012Webpage
Temporary exemption : REX Airlines
By this instrument, the Human Rights and Equal Opportunity Commission (‘the Commission') grants a temporary exemption to Regional Express (“REX”) pursuant to section 55(1) of the Disability Discrimination Act 1992 (Cth) in relation to airline services operated by REX. -
14 December 2012Book page
Immigration detention in Darwin (2010)
The Australian Human Rights Commission (the Commission) visited immigration detention facilities in Darwin from 6 to 10 September 2010. The visit was conducted by Commission President and Human Rights Commissioner, Catherine Branson QC, as well as Commission staff and consultants including a consultant psychiatrist.
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