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Legal
14 December 2012WebpageCommission submissions: Hurst
View a report into the Commission seeking leave to intervene in the case of Tiahana Hurst v State of QLD in relation to the Disability Discrimination Act. -
Legal
14 December 2012Webpage
Commission submissions: P v P
2. The exercise of the jurisdiction of the Family Court is directly linked to the child's capacity to consent and therefore the capacity to consent must be the first issue to be decided. -
Legal
8 September 2020Webpage
Exemption applications under the Sex Discrimination Act 1984 (Cth)
A page of current applications to the Australian Human Rights Commission for temporary exemptions under the Sex Discrimination Act 1984 (Cth). -
26 March 2014Book page
Chapter 4: Principle 1: Strong leadership drives reform
Key findings of ADF Review To support and drive the cultural reform envisaged by the ADF Review, strong, clear and consistent leadership is essential. This commitment must be widely communicated and reinforced at all levels of the organisation through policies, practices, rewards and sanctions. Progress must be monitored at the most senior levels regularly and transparently. Every member of… -
Legal
6 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
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
DIAC Response to the 2011 Australian Human Rights Commission Statement on Immigration Detention at Curtin
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (AHRC) Public Statement on Immigration Detention in Curtin. -
14 December 2012Book page
5. Protecting the Human Rights of Children in Immigration Detention
Australia is responsible for ensuring that all children in its jurisdiction can enjoy all applicable human rights, including those in the Convention on the Rights of the Child (CRC), International Covenant on Civil and Political Rights (ICCPR) and Refugee Convention. That responsibility may be executed through legislation, executive action and the judicial system. Subject to the Australian… -
Commission – General
14 December 2012SpeechFederal 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… -
Legal
14 December 2012Webpage
Inquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2011
Recommendation 2: The Migration Act should be amended to provide that detention of unlawful non-citizens in immigration detention facilities must only be used as a measure of last resort. There should be a clear presumption against the detention of children for immigration purposes. -
14 December 2012Book page
Native Title Report 2007: Chapter 1
Native title is now well established in Australian law. The native title system was set up in 1994 under the Native Title Act 1993 (Cth) (the Native Title Act). It is for gaining recognition and protection of native title, and for resolving native title matters. It has been successfully used in many parts of the country. -
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. -
Legal
14 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. -
Disability Rights
14 December 2012WebpageDisability Discrimination Act Action Plans: A Guide for Business
The Disability Discrimination Act 1992 (DDA) is a piece of Commonwealth legislation which creates a new context for service provision. The Act requires that people with disabilities be given equal opportunity to participate in and contribute to the full range of economic, social, cultural and political activities. Access for people with disabilities, including access to the goods, services and… -
Disability Rights
14 December 2012Speech
Hot Topics
Can I also acknowledge Blake Dawson Waldron lawyers for providing the venue and facilities, and the NSW Disability Discrimination Legal Service for their initiative in organising this forum. -
14 December 2012Book page
HREOC Report No. 20
10.1 Whether there was an act or practice in terms of the HREOC Act 10.2 Whether there was a distinction, exclusion, or preference on the basis of criminal record 10.3 Whether the distinction, exclusion or preference nullified or impaired equality of opportunity or treatment in employment or occupation 10.4 Whether the distinction, exclusion or preference was based on the inherent requirements of… -
Legal
14 December 2012Webpage
Commission submissions: Gunn and Taylor
(gb) Where HREOC considers it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve issues of discrimination on the ground of sex, marital status, pregnancy or potential pregnancy or discrimination involving sexual harassment; -
3 January 2014Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations During Australia’s review, the Government made a commitment to improving Australia’s monitoring of its international human rights obligations. Australia is a party to seven of the core human rights treaties and maintains a number of reservations under these. The Australian Government made a commitment to conduct a comprehensive review of such… -
22 July 2013Book page
Chapter 7: ADFA’s Structure and Staffing (Recommendations 11-15)
Key findings of Review The Review found that: The high turnover of Commandants and military staff has had a significant negative impact on ADFA’s leadership stability, continuity and organisational memory. The COMDT has limited influence over which staff are posted to ADFA and has limited engagement with ADF Service Chiefs. ADFA is not considered a prestigious posting for staff. This has an…