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14 December 2012Book page
Chapter 1 - Introduction: Social Justice Report 2009
This is my sixth, and final, Social Justice Report as the Aboriginal and Torres Strait Islander Social Justice Commissioner. It covers the period from 1 July 2008 to 30 June 2009. -
Legal14 December 2012Webpage
Migration Amendment (Immigration Detention Reform) Bill 2009
Recommendation 1: The Bill should be amended to ensure that detention in immigration detention centres is only used as a last resort and for the shortest practicable time, as committed to in Value 5. The words ‘The Parliament affirms as a principle that’ in section 4AAA(2) should be deleted. -
Children's Rights10 October 2014Opinion piece
It's time to strengthen our surrogacy laws to help protect children
NATIONWIDE regulations are urgently needed to cover situations when Australians are engaging surrogates to have children for them. The range of assisted reproductive technologies available today presents many legal, moral and ethical challenges. These are challenges we can no longer ignore and require national, state and international leadership. In Australia, altruistic surrogacy is… -
14 December 2012Book page
Native Title Report 2003 : Chapter 4: Native Title and Agreement Making : a Comparative Study
The failure in Australia to perceive native title and land rights as the basis on which to address Indigenous economic and social development has been evident at legal, policy and administrative levels. Legally, the increasingly narrow interpretation of native title by the High Court has, as Noel Pearson has pointed out, stripped native title of much economic meaning or benefit. -
Rights and Freedoms14 December 2012Speech
Police Checks - A Human Rights perspective
Acknowledgments I acknowledge the traditional owners of the land on which we meet. I'd also like to thank the Aged and Community Services Association for inviting me to speak about police checks today. Introduction I suspect the average person in the street associates police checks with high-security jobs, such as airport security, or, on the other hand, with jobs working closely with children… -
14 December 2012Book page
7. Refugee Status Determination for Children in Immigration Detention
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… -
15 April 2014Book page
Executive summary
The commitment to close the Aboriginal and Torres Strait Islander health and life expectancy gap by 2030 was a watershed moment for the nation. Politicians, the Aboriginal and Torres Strait Islander and non-Indigenous health sector, and human rights organisations, made a public stand in committing to this agenda. And so did the Australian public. To date almost 200,000 Australians have… -
Children's Rights13 March 2015Opinion piece
Children the victims of AMF’s anti-gay marriage advertisement
THE running of the Australian Marriage Forum (AMF) advertisement on television last weekend to coincide with the Sydney Gay and Lesbian Mardi Gras Parade can only be described as pointless and cruel. This anti-same sex marriage message deliberately seeks to undermine the thousands of healthy gay parent child relationships in this country. The advertisement asks us to “think of the child”,… -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 2: The Age Discrimination Act
The ADA commenced operation on 22 June 2004. At the date of publication there has been no decided case of unlawful age discrimination under the ADA. This chapter sets out the background to the legislation and its significant features as well as highlighting some similarities and differences with other federal unlawful discrimination laws that may be relevant to its interpretation and application.1 -
Aboriginal and Torres Strait Islander Social Justice12 May 2014Webpage
Non-discrimination and equality
The only instance that differential treatment is acceptable is when it undertaken to attempt to secure substantive equality for Aboriginal and Torres Strait Islander peoples. -
14 December 2012Book page
Social Justice Report 2001: Chapter 2: Mutual obligation, welfare reform and Indigenous participation: a human rights perspective
In recent years a mutual obligation approach has been adopted to reform public policy on welfare and employment issues. There has been much discussion about the applicability of this approach within an Indigenous policy context. It is seen by many as consistent with Indigenous cultural values such as reciprocity and an emphasis on community, as well as suggesting an antidote to the damage caused… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Australian Lawyers for Human Rights (ALHR) is a network of Australian lawyers interested in furthering awareness and advocacy of human rights in Australia. ALHR promotes the practice of human rights law in Australia and works with Australian and international human rights organisations to achieve this aim. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. The provisions made by Australia to implement its international human rights obligations regarding child asylum seekers, including unaccompanied minors. -
14 December 2012Book page
Social Justice Report 2004 : Chapter 2 : Walking with the Women - Addressing the needs of Indigenous women exiting prison
Introduction Pre and post-release programs for Indigenous women exiting prison An overview of Indigenous women in corrections Intersectional discrimination - Addressing the distinct experiences of Indigenous women Post-release programs for Indigenous women exiting prison - common themes from consultations Policy and programs relating to Indigenous women exiting prison Post-release housing… -
14 December 2012Book page
Bringing them Home - Chapter 25
State and Territory legislation, programs and policies in the areas of child welfare, adoption and juvenile justice are intended to provide a non-discriminatory framework for the administration of services. In many cases, programs are designed with the objective of reducing the extent of contemporary removals of Indigenous children and young people. In spite of this, the over-representation of… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Respect for the human person entails respect for the rights that flow from his [sic] dignity as a creature. These rights are prior to society and must be recognised by it. They are the basis of the moral legitimacy of every authority; by flouting them, or refusing to recognise them in its positive legislation, a society undermines its own moral legitimacy Catechism of the Catholic Church,… -
14 December 2012Book page
A last resort? - Summary Guide: Unaccompanied children in detention
The Convention on the Rights of the Child states that unaccompanied children - particularly those seeking asylum - need special protection and assistance. Where unaccompanied children have a legal guardian, their best interests must be the guardian's 'basic concern'. -
Commission – General14 December 2012Speech
Enhancing Equality: Reforming Anti-Discrimination Laws to Make Australia Fairer
I begin by acknowledging the traditional owners of the land on which we meet, the Wurundjeri people, and I pay my respects to their elders past and present. -
Disability Rights14 December 2012Speech
Presentation of Victorian Local Government Accessible Communities Awards
Most of you here today would know that it is not trite to say that local government is the closest level of government to our communities, and as such plays a key role in building and reinforcing the fabric of those communities. -
Disability Rights14 December 2012Speech
Reasonable adjustment
It's important for us all in talking about reasonable adjustment not to appear to present employing people with disability as something new or exceptional being asked of employers.