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14 December 2012Book page
Native Title Report 2002: Discrimination and native title
The resolution of the debate as to whether the extinguishment of native title by the common law and the Native Title Act 1993 (Cwlth) (NTA) is racially discriminatory, depends upon the interpretation given to its two essential components: extinguishment and discrimination. The interpretation that the High Court has given to the extinguishment provisions of the NTA and its relationship… -
14 December 2012Book page
NATIONAL EMPLOYMENT INITIATIVES FOR PEOPLE WITH DISABILITIES
The discussion paper was commissioned by my predecessor, Dr Blewett, as part of the Federal Government's disability reform agenda. Prepared by Ms Chris Ronalds, with assistance from the Labour Research Centre, the paper addresses the following issues: -
15 July 2014Book page
Chapter 1: How far have we come? Looking back on 20 years of the Social Justice Commissioner role
1.1 Introduction This year marks 20 years since the establishment of the Aboriginal and Torres Strait Islander Social Justice Commissioner (Social Justice Commissioner) role under the Australian Human Rights Commission Act 1986 (Cth). When I first started in this position I was asked if any of the previous Commissioners had left any words or notes of advice. I answered them ‘no, but they all… -
Legal14 December 2012Webpage
Electoral and Referendum Amendment Bill 2005
1. The Human Rights and Equal Opportunity Commission (the Commission) welcomes the opportunity to make this submission to the Senate Finance and Public Administration Committee on the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005 (the Bill). -
14 December 2012Book page
Native Title Report 2004 : Introduction
This, my first report under s209 of the Native Title Act 1993 (Cth) (NTA), is part of a larger project that commenced prior to my appointment as Aboriginal and Torres Strait Islander Social Justice Commissioner in July 2004. The project aims to investigate how native title can be utilised to improve the economic and social conditions of Indigenous peoples' lives. -
Complaint Information Service14 December 2012Publication
Behind closed doors: Approaches to resolving complaints of sexual harassment in employment
This paper looks specifically at the issue of sexual harassment in employment and approaches to resolving associated complaints that are brought before the Australian Human Rights Commission ("AHRC"). -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission addresses some of the issues and questions raised in the background papers prepared by the Human Rights and Equal Opportunity Commission (HREOC) and in relation to the United Nations Convention on the Rights of the Child (1989) and the Convention Relating to the Status of Refugees (1951) and its 1967 Protocol (the Refugee Convention). The conclusions drawn in this submission arise… -
14 December 2012Book page
Native Title Report 2002: Recognition of native title
Native title is an intersection of two different legal systems and cultures. The way in which Australia chooses to give recognition to the relationship that Indigenous people have with their land, and the range of options it considers to express that relationship, are matters that affect the human rights of Indigenous people. -
Legal14 December 2012Webpage
Post Implementation Review of the Fair Work Act 2009
We have found that employees in the SACS industry are predominantly women and are generally remunerated at a level below that of employees of state and local governments who perform similar work. [6] -
14 December 2012Book page
Social Justice Report 2007 - Chapter 3: The Northern Territory 'Emergency Response' intervention
On 21 June 2007, the Australian Government announced a ‘national emergency response to protect Aboriginal children in the Northern Territory’ from sexual abuse and family violence.[1] This has become known as the ‘NT intervention’ or the ‘Emergency Response’. The catalyst for the measures was the release of Report of the Northern Territory Board of Inquiry into… -
15 July 2014Book page
Chapter 4: Human rights in practice – alcohol policy
4.1 Introduction Alcohol consumption, misuse and related harm are some of the most challenging issues confronting communities across the length and breadth of Australia. These challenges are not limited to Aboriginal and Torres Strait Islander communities, but confront every demographic in Australian cities and towns. From Kings Cross to Halls Creek, St Kilda to Santa Teresa – communities… -
Legal14 December 2012Webpage
Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012 (2012)
The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Committees in the Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012. -
Legal14 December 2012Webpage
Submission - Proposed WA Human Rights Act (2007)
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other… -
14 December 2012Book page
HREOC Social Justice Report 2002: Indigenous women and corrections - A Landscape of Risk
a) Rates of incarceration of Indigenous women b) Recidivism rates among Indigenous women c) Types of crime committed by Indigenous women d) Over-policing e) Sentencing patterns for Indigenous women f) Characteristics of Indigenous women who are imprisoned -
Rights and Freedoms11 May 2016Speech
Human rights across the Tasman: a widening gulf
I am honoured to have been invited to give this lecture at the Law School of the University of Canterbury, funded by the generosity of the Sir Eric Hotung Fellowship. While I had settled the subject matter of this lecture, I thought it would be helpful to know what other Hotung Fellows had discussed in previous years. I looked at last year’s lecture and was pleased to see that Professor… -
Legal14 December 2012Webpage
Submission: Anti-Terrorism Bill (No 2) 2005
Recommendation 1: The Bill should be amended to include additional sub-clauses (in s105.4(4) and (6)), which require the issuing authority to be satisfied that the purpose for which the order is made cannot be achieved by a less restrictive means. -
Legal14 December 2012Webpage
Native title payments discussion paper – Optimising Benefits from Native Title Agreements
The Aboriginal and Torres Strait Islander Social Justice Commissioner has produced 15 Native Title Reports which include analyses and recommendations on the operation of the native title system and its effect on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples.[1] Particularly relevant is the Native Title Report 2003, which provides a detailed comparative analysis of… -
1 August 2014Book page
Chapter 5: The legal and policy framework
Learn about how Australia has entered international human rights obligations to stop pregnancy and return to work discrimination against women. -
14 December 2012Book page
Voices of Australia: Activity sheet 4 - rightsED
It was a landmark for Australia - the first federal law to say that all people have the right to be treated fairly, regardless of their background, culture or colour. -
Legal14 December 2012Webpage
Submission: MIGRATION AMENDMENT (DESIGNATED UNAUTHORISED ARRIVALS) BILL 2006
1.1 The Human Rights and Equal Opportunity Commission (‘The Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 (‘the Bill’). 1.2 The Commission welcomes the opportunity to make this submission and thanks the…