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14 December 2012Book page
Social Justice Report 2007 - Chapter 2: Indigenous communities dealing with family violence and abuse
Family violence and abuse occurs at unacceptable rates in Aboriginal and Torres Strait Islander (Indigenous) communities. We have heard many tragic stories of women, children and young people who have experienced devastating sexual abuse and family violence. It is a scourge that is causing damage and trauma among Indigenous communities, to our women and children, and to the fabric of Indigenous… -
Legal14 December 2012Webpage
Discussion Paper "Australia's Children: Safe and Well - A National Framework for Protecting Australia's Children"
“If the measures were targeted solely to parents or families in need of assistance to prevent neglect or abuse of children, as they are in s123UC of the legislation, then some form of income management may be capable of being seen as an appropriate exercise of the governments ‘margin of discretion’ to ensure that families benefit from welfare and receive the minimum essentials… -
Legal14 December 2012Webpage
Morton v Queensland Police Service D75/08. (2008)
The Human Rights and Equal Opportunity Commission (‘the Commission’)[1] has been granted leave to appear as an amicus curiae in the hearing of this appeal. -
14 December 2012Book page
Unlocking Doors: Audit of Initiatives Related to Police and Muslim Communities
Audit of Initiatives Related to Police and Muslim Communities AGENCY PROJECT DURATION COMMONWEALTH COMMONWEALTH SECRETARIAT Commonwealth Manual for Human Rights Training of Police This manual is designed to help Commonwealth Governments promote an understanding of and respect for human rights. The manual provides strategies and training programs to equip and enable police services to… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Part II - THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF IMMIGRATION AND MULITCULTURAND AND INDIGENOUS AFFIARS (DIMIA) AND THE SOUTH AUSTRALIAN DEPARMENT OF HUMAN SERVICES (DHS) RELATING TO CHILD PROTECTION NOTIFICATIONS AND CHILD WELFARE ISSUES PERTAINING TO CHILDREN IN IMMIGRATION DETENTION IN SOUTH AUSTRALIA -
14 December 2012Book page
Native Title Report 2004 : Chapter 3 : Looking Forward - A Policy Approach to Native Title
The framework of principles presented in chapter 2 of this Report puts the economic and social development of the traditional owner group at the centre of the native title process. It seeks to build the power and capacity of the traditional owner group to direct and achieve its own economic and social development. It sees the native title system as a tool to assist traditional owners in this… -
14 December 2012Book page
Welfare to Work submission
Senate Community Affairs Legislation Committee Inquiry on the Employment and Workplace Relations Legislation Amendment (Welfare to work and other Measures) Bill 2005 and the Family and Community Services Amendment (Welfare to Work) Bill 2005 (together 'the Bills') -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. INTRODUCTION 2. HUMAN RIGHTS IMPLICATIONS FOR MINORS OF AUSTRALIA'S MANDATORY DETENTION 3. ADDITIONAL ISSUES FOR UNACCOMPANIED MINORS IN DETENTION 4. ALTERNATIVES TO DETENTION 5. CONCLUSION -
14 December 2012Book page
Native Title Report 2008 - Case Study 1
Imagine the sea rising around you as your country literally disappears beneath your feet, where the food you grow and the water you drink is being destroyed by salt, and your last chance is to seek refuge in other lands...[1] -
14 December 2012Book page
Bringing them Home - Chapter 26
An entrenched pattern of disadvantage and dispossession continues to wreak havoc and destruction in Indigenous families and communities. This situation has been described in the preceding chapters of this Part. State and Territory legislation, policy and practice in the areas of child welfare, care and protection, adoption and juvenile justice do not comply with the evaluation criteria… -
Legal14 December 2012Webpage
Review of Counter-Terrorism and National Security Legislation
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. -
14 December 2012Book page
Native Title Report 2003 : Chapter 2 : Native Title Policy - State and Commonwealth profiles
Human rights principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given legal recognition and protection. International legal principles also recognise that Indigenous peoples have economic, social and cultural human rights. Native title, as it is constructed through the Australian legal system, has a limited capacity to meet these human… -
14 December 2012Book page
Native Title Report 2004 : Chapter 1 : The Consultations
During the 2004 reporting period I have embarked on a series of consultations focusing on the ideas and principles that were contained in a Discussion Paper, released by my predecessor as Social Justice Commissioner in June 2003. The Discussion Paper was entitled Promoting Economic and Social Development through Native Title (at Annexure 1). This chapter seeks to record and develop the ideas and… -
14 December 2012Book page
Social Justice Report 2001: Chapter 3: Indigenous governance and community capacity-building
Last years Social Justice Report noted that to date there has been insufficient attention by governments to processes which ensure greater Indigenous participation and control over service design and delivery as part of an overall strategy to redress Indigenous disadvantage and economic marginalisation. I observed that: -
14 December 2012Book page
Social Justice Report 2001: Chapter 6: Reconciliation – National progress one year on
In its final recommendations, the Council for Aboriginal Reconciliation proposed that there be a legislative requirement for the Social Justice Commissioner to monitor progress towards reconciliation on an annual basis. In the Social Justice Report 2000 it was noted that while legislative amendment to this end was desirable, this task could be undertaken under my existing functions. Accordingly,… -
14 December 2012Book page
Native Title Report 2001: Chapter Three: Negotiating co-existence through framework agreements
A stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land is emerging through negotiation and agreement-making. Native title agreements are increasingly seen as an important tool in defining the rights of native title holders over their land. But here, as in other aspects of native title, there is concern that there are currently… -
14 December 2012Book page
Native Title Report 2008 - Chapter 3
The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. Save the Children Save the Children is the world's largest independent child development organisation, with 32 member countries and programs in over 100 countries. Save the Children works for: -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Justice for Asylum Seekers (JAS) is a non-incorporated alliance of community organisations founded in 1999 to work for just treatment of people seeking asylum. It is based in Victoria, meets monthly and has three working groups: 1. Campaign, 2. Detention reform and 3. Lobbying. -
14 December 2012Book page
Social Justice Report 2000: Chapter 3: International scrutiny of Australia's Indigenous Affairs policies
In the past year Australia's compliance with international human rights obligations has been under scrutiny by United Nations human rights treaty committees through consideration of Australia's periodic reports under four treaties. [1] Much of this attention has focused on issues relating to Aborigines and Torres Strait Islanders. This chapter focuses on the dialogue between the Australian…