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A recent decision of the full Federal Court in Bropho v State of Western Australia[1] has created the opportunity to reconsider the operation of s 10 of the Racial Discrimination Act 1975 (Cth). Section 10(1) of the RDA is unique in discrimination law around the country. It is concerned with the operation and effect of laws rather than with making the actions of individuals unlawful.

1.1 Introduction In last year’s Social Justice and Native Title Report, I raised concerns about the changes resulting from the 2014-15 Budget and the restructure to Indigenous Affairs through the Indigenous Advancement Strategy (IAS). Despite initial concerns about how these changes would impact our communities, I indicated that the streamlining of programs and the move away from a ‘one size…

"There have been times in our history when Australia has been generous and open hearted and times when it has been very mean. In 1938 at the Evian Conference about dealing with Jewish and other refugees from Hitler, Australia took a flint hearted position, saying that we did not want to import Europe's problems, or to increase racial differences, and that refugees should get back in the…

Securing sustainable and just economic outcomes for Aboriginal traditional owners and residential communities in the remote regions of the Northern Territory has been an elusive goal for national and Territory governments, various public agencies and community groups for many years. The increasing value and intact environmental nature of much of the Indigenous estate across the North of Australia…

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.

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).

Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of an inquiry by the former President of the Commission into complaints made by immigration detainees against the Commonwealth of Australia. The former President found that the Commonwealth had breached the human rights of the complainants pursuant to articles 10(1) and 17(1) of…

The Yankunytjatjara and Pitjantjatjara and other Indigenous people of the town of Yulara, in the shadows of Uluru, had their claim for compensation for extinguishment of native title rejected by Justice Sackville in the Federal Court (the Jango case)1in 2006. The Noongar people (the Noongar case)2 had their claim for native title over the metropolitan area of Perth upheld. Further north, around…

I have completed my report of an inquiry into the complaint made pursuant to section 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Prashant Cherkupalli.

4.1 Introduction 4.2 The key issues 4.3 Workplace relations framework 4.4 Recognising the relationship between paid work and caring work 4.5 Certainty and flexibility in the workplace 4.6 Structural change to support gender and carer equality 4.7 The need for expanded legal rights 4.8 Workplace culture and use of family-friendly policies 4.9 A life cycle approach to work and a universal approach…

The United Nations High Commissioner for Refugees (UNHCR) estimates that around half of the 50 million displaced persons in the world are children. Around 10 million of these children are under the care of UNHCR. Approximately 100,000 separated children roam Western Europe.(1) During 1999 alone, more than 20,000 separated children applied for asylum in Western Europe, North America or Australia…

Part 1: What are the new arrangements for the administration of Indigenous affairs?

During the 2004 reporting period I have embarked on a series of consultations focusing on the ideas and principles that were contained in a Discussion Paper, released by my predecessor as Social Justice Commissioner in June 2003. The Discussion Paper was entitled Promoting Economic and Social Development through Native Title (at Annexure 1). This chapter seeks to record and develop the ideas and…

Commissioner Pru Goward’s appointment to the position of Sex Discrimination Commissioner was announced on 29 June 2001. She commenced her term on 30 July 2001.