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Complaint Information Service14 December 2012Publication
"Facilitator or Advisor?: A discussion of conciliator intervention in the resolution of disputes under Australian human rights and anti-discrimination law" (2004)
State and federal anti-discrimination & human rights law in Australia, as in many other countries2, provides for the resolution of complaints of discrimination and breaches of human rights by a process of conciliation. Conciliation is an alternative dispute resolution mechanism for parties to complaints in that it is an 'alternative' to more formal determination of the dispute by a court or… -
14 December 2012Book page
Close the Gap - Part 3 Looking to the Future
I begin by paying my respects to the Jagera and Turrubual peoples, the traditional owners of the land where we gather today. I pay my respects to your elders, to the ancestors and to those who have come before us. And thank you for your generous welcome to country for all of us. -
14 December 2012Book page
Native Title Report 2004 : Annexure 2 : Promoting Economic and Social Development through Native Title
...the Aboriginal and Torres Strait Islander Social Justice Commissioner report on the operation of the [NTA] and its effect on the exercise and enjoyment of human rights of Aboriginal peoples and Torres Strait Islanders. -
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… -
Commission – General
14 December 2012SpeechPresentation at the Governor’s Leadership Foundation Forum
HREOC is a statutory body independent of government. While our main function is to promote an understanding and acceptance of human rights in Australia, we are also charged with the responsibilities of investigating, and attempting to conciliate complaints of unlawful discrimination under the federal Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination… -
Disability Rights
14 December 2012SpeechNational Local Roads and Transport Congress
Read a speech that highlights the importance of transport that is inclusive of people with disabilities so they can participate in all aspects of life. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The adequacy and effectiveness of policies, agreements, laws, rules and practices governing children in immigration detention or child asylum seekers and refugees residing in the community after a period of detention. -
Commission – General
14 December 2012Speech
President speech: Launch of Broken Glass, Unbroken Memories
I would like to begin by acknowledging the traditional owners of the land upon which we meet, the Gadigal peoples of the Eora nation, and pay my respects to their elders, past, present and future. -
Commission – General
14 December 2012Opinion piece
Opinion Pieces / Articles
The following opinion pieces have been published by the President and Commissioners. Reproduction of the opinion pieces must include reference to where the opinion piece was originally published. -
Asylum Seekers and Refugees
14 August 2015PublicationUse of force in immigration detention facilities
The Migration Amendment (Maintaining the Good Order of Immigration Detention Facilities) Bill 2015 (the Bill) would give increased power to ‘authorised officers’ to use force against people (including asylum seekers) in immigration detention facilities. It appears that the majority (if not all) of the authorised officers will be employees of Serco Australia Pty Ltd (Serco), the private company… -
11 February 2014Book page
Appendix B – Australia’s international human rights context
Australia has agreed to be bound by and comply in good faith with international human rights law. It has done this by ratifying international human rights treaties International Covenant on Civil and Political Rights (ICCPR). Convention on the Rights of Persons with Disabilities (CRPD) Convention on the Elimination of Racial Discrimination (CERD), Convention on the Rights of the Child (CRC) … -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 4: Health and Nutrition
1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services. -
Legal
14 December 2012WebpageThe protection of genetic information of Indigenous peoples
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner of the Human Rights and Equal Opportunity Commission. It considers the human rights implications of the use of the genetic information of Aborigines and Torres Strait Islanders (herein, Indigenous peoples) and the adequacy of current levels of protection. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Royal College of Nursing, Australia (RCNA) is the national professional organisation for Australian nurses. The College was established in 1949 and until the early 1990's was a provider of formal ongoing education for nurses who wished to gain higher qualifications in nursing. Following the completion of the transfer of nursing to the higher education sector in 1993, the College refocused its… -
Rights and Freedoms
1 May 2013WebpagePermissible limitations on freedom to manifest religion or belief
Under article 18 of the ICCPR, any actions which fall within the four types of manifestation of belief (worship, observance, teaching and practice) can, in certain circumstances, be subject to limitation by the State. The freedom to manifest religion in sub-paragraph 18(1) is qualified by the limitations set out in sub-paragraph 18(3), including those which are ‘necessary to protect…the -
Legal
14 December 2012Webpage
Inquiry into the Native Title Amendment Bill 2009
Submission by the Aboriginal and Torres Strait Islander Social Justice Commissioner to the Senate Standing Committee on Legal and Constitutional Affairs -
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. -
Commission – General
14 December 2012Speech
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I was invited to pick my own topic for discussion. As an ex-judge being invited to speak to students of the law, I assumed that I was expected to speak on something related to the administration of the law from a judge's perspective. And as President of Australia's Human Rights and Equal Opportunity Commission (HREOC), I assumed I was expected to mention the role of human rights promotion in our… -
Legal
14 December 2012Webpage
Tasmania: Charter of Rights
[1] For further discussion see John von Doussa QC, ‘In defence of human rights’, Address to the UNSW Law Society’s Speakers Forum, 24 August 2006; Commissioner Graeme Innes ‘The Human Rights and Equal Opportunity Commission and the Protection of Human Rights at a federal level’, Address to the ANU Bill of Rights Conference. Both speeches are available at http://www… -
Legal
14 December 2012Webpage
Commission Submission - Maslauskas v Qld Nursing
If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’. The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to…