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Legal
14 December 2012WebpageFederal Discrimination Law: Chapter 6 - Practice and Procedure
The procedure for making complaints of federal unlawful discrimination is set out in Part IIB of the HREOC Act.[1] That procedure can be summarised as follows. -
14 December 2012Book page
Initial Draft: Disability Standards for Employment
Comments in response to these draft Standards should be sent by 29 November 1996 to: Disability Discrimination Commissioner GPO Box 5218 SYDNEY NSW 2001 or e-mail comments to: disability@humanrights.gov.au -
Legal
14 December 2012Webpage
ASIO, ASIS and DSD
I regret to say that international human rights experts, including those of the UN system, are unanimous in finding that many measures which States are currently adopting to counter terrorism infringe on human rights and fundamental freedoms. -
Legal
14 December 2012Webpage
Inquiry into the administration and operation of the Migration Act 1958
Thank you for inviting the Commission to make a submission to the Senate Legal and Constitutional References Committee's Inquiry into the administration and operation of the Migration Act 1958 (Cth) ('Migration Act'). -
LGBTIQ+
14 December 2012WebpageMarriage Equality (2012)
The Australian Human Rights Commission considers that the fundamental human rights principle of equality means that civil marriage should be available, without discrimination, to all couples, regardless of sex, sexual orientation or gender identity. The Commonwealth Parliament, and some state parliaments are now considering legislation that would provide all couples with the same access to civil… -
Legal
14 December 2012Webpage
Inquiry into the Water Amendment Bill 2008
The Commission supports and commends the relevant state governments’ and the ACT government’s progress in referring constitutional powers to the Commonwealth, enabling water resources in the Murray-Darling Basin to be managed in the national interest, optimising environmental, economic and social outcomes. -
14 December 2012Book page
Social Justice Report 2003: Appendix one: A statistical overview of Aboriginal and Torres Strait Islander peoples in Australia
This collection of statistics has been chosen for their relevance in highlighting the key characteristics of the Indigenous population. It focuses on key areas such as health, education, employment, housing, and contact with criminal justice and welfare systems. Where possible, the data is presented in a way that identifies absolute and relative change in the situation of Indigenous peoples over… -
Legal
14 December 2012Webpage
Commission Submission - ON COMMON DIFFICULTIES FACING ABORIGINAL WITNESSES
The communication difficulties that may be faced by Aboriginal people in the legal system have long been recognised.1 In the Queensland context, these have been well documented by Dr Diana Eades 2 and the Criminal Justice Commission (CJC).3 These issues are also dealt with in detail in the Equal Treatment Benchbook of the Supreme Court of Queensland (‘the Queensland Benchbook’)4 and… -
Legal
14 December 2012Webpage
Submission: Australia's Future Tax System (Retirement Income System) (2009)
The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the Review Panel on Australia’s future tax system (‘the Review’). The submission specifically addresses Australia’s retirement income system. -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 4 - The Sex Discrimination Act
The definitions of discrimination include both direct and indirect discrimination, with the exception of the definition of discrimination on the ground of family responsibilities, which is limited to direct discrimination. -
Complaint Information Service14 December 2012Publication
ADR as a tool for social change: a discussion (2008)
Human rights and anti-discrimination law in Australia, as in many countries in the Asia Pacific, provides for complaints about discrimination and violations of human rights to be resolved by conciliation. The use of Alternative Dispute Resolution (ADR) in this context has been criticised. In particular, it has been claimed that the individualised form of the complaint process, coupled with the… -
14 December 2012Book page
Achieving Aboriginal and Torres Strait Islander health equality within a generation - A human rights based approach
Improving the health status of Aboriginal and Torres Strait Islander peoples is a longstanding challenge for governments in Australia. While there have been improvements made in some areas since the 1970s (notably in reducing high rates of infant mortality1) overall progress has been slow and inconsistent. The inequality gap between Aboriginal and Torres Strait Islander peoples and other… -
14 December 2012Book page
Social Justice Report 2005 : Chapter 2 : Achieving Aboriginal and Torres Strait Islander health equality within a generation - A human rights based approach
Improving the health status of Aboriginal and Torres Strait Islander peoples is a longstanding challenge for governments in Australia. While there have been improvements made in some areas since the 1970s (notably in reducing high rates of infant mortality1) overall progress has been slow and inconsistent. The inequality gap between Aboriginal and Torres Strait Islander peoples and other… -
14 December 2012Book page
Native Title Report 2000: Chapter 4: Indigenous heritage
The recognition of native title by the High Court in 1992 was a significant development in the legal apparatus for protecting Indigenous culture. Under the concept of native title it is possible that sacred and significant sites and objects might be protected, not within the historical category of Aboriginal heritage, but as matters valued in contemporary Indigenous culture with current… -
Disability Rights
30 June 2015PublicationMental Health Legislation and Human Rights
This paper presents an indicative analysis of the mental health legislation in each State and Territory in terms of recently agreed international standards - the UN Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care. The legislation in every Australian jurisdiction breaches the standards prescribed in the UN Principles in a number of ways… -
Commission – General
14 December 2012SpeechPresident speeches: The Potential Role of National Human Rights Institutions in the Pacific
This paper advocates that National Human Rights Institutions (NHRIs) have a very valuable role to play in the Pacific, and that the promotion and protection of human rights in the Pacific would benefit immensely by Pacific nations each establishing a NHRI. -
Legal
10 October 2017Submission
Information concerning Australia’s compliance with the International Covenant on Civil and Political Rights (2017)
This submission provides information concerning the civil and political rights of key population groups in Australia and other thematic issues engaging civil and political rights. In relation to each section, the Commission has referred to the relevant articles of the ICCPR engaged and (where appropriate) the relevant paragraph of the Committee’s list of issues prior to reporting dated 9 November… -
14 December 2012Book page
3. Setting the Scene - Children in Immigration Detention
I want to tell you that actually I spent about fifteen nights in the ride to Australia. I was in a small boat if you want to call that a boat, because it was smaller than that, with lots of difficulties. When I saw [we were] getting near Australia I was becoming a little bit hopeful. When we passed Darwin I got to the detention centre as soon as I looked at these barbed wires my mind was full of… -
14 December 2012Book page
The Right to a Discrimination-Free Workplace
The prohibition on discrimination in employment is a relatively recent, but now well-established, feature of the Australian legal environment. Laws prohibiting discrimination in the workplace in Australia date back to 1966 when South Australia introduced the Prohibition of Discrimination Act 1966 (SA), to prohibit discrimination on the grounds of race in aspects of employment and in the provision… -
14 December 2012Book page
Social Justice Report 2003: Chapter 3: Indigenous participation in decision making – Transforming the relationship between government and Indigenous peoples
The twin pillars of the government's approach to Indigenous policy in 2003 continued to be practical reconciliation, with its emphasis on service delivery in core areas of disadvantage, and mutual obligation, with its emphasis on reciprocity and individual responsibility. Through both of these policies, the government has identified moving Indigenous people beyond welfare dependency and enabling…