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14 December 2012Book page
Bringing them Home - Chapter 8
The general opinion of station people is that it is a mistake to take these children out of the bush. They say that the aboriginal mothers are fond of their children and in their own way look after them and provide for them and that when they grow up they are more easily absorbed and employed than those who have been taken out of their natural environment and removed to towns. -
Legal
14 December 2012WebpageInquiry 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 -
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
1 Introduction and background
Between 1 September 2008 and 22 November 2011, 180 young Indonesians who said that they were children arrived in Australia, having worked as crew on boats bringing asylum seekers to Australia. These young people were often fishermen from impoverished communities in the south and east of Indonesia. Many of them have spent long periods of time in immigration detention without being charged, or… -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 9
Social security is an income support system that acts as a safety-net for people who, for some reason, are unable to financially support themselves. Entitlements to social security are largely governed by the Social Security Act 1991 (Cth) (Social Security Act) and the A New Tax System (Family Assistance) Act 1999 (Cth) (Family Assistance Act). The payments are usually administered by Centrelink. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set… -
14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
Legal
14 December 2012Webpage
Commission submission - Markham
1. The Human Rights and Equal Opportunity Commission ("HREOC") seeks the leave of the Australian Industrial Relations Commission ("the Commission") under s.43 of the Workplace Relations Act ("the WR Act") to intervene at the hearing of this appeal pursuant to s.48(1)(gb) of the Sex Discrimination Act 1986 (Cth) ("the SD Act") and 11(1)(o) of the Human… -
14 December 2012Book page
Face the Facts: Introduction - rightsED
The Face the Facts education resource is designed to complement the material in the Commission's Face the Facts publication. First published in 1997, Face the Facts reflects the continued demand for accurate and easy to understand information about Indigenous peoples, migrants, refugees and asylum seekers. -
Legal
14 December 2012Webpage
Inquest into the death of Mr Ward (2009)
the provisions of an international convention to which Australia is a party can also serve as an indication of the value placed by Australia on the rights provided for in the convention and, therefore, as indicative of contemporary values.[7] -
Legal
14 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 -
14 December 2012Book page
Ismaع - Listen: Independent Research
In June 2003, the Human Rights and Equal Opportunity Commission (HREOC) engaged the Centre for Cultural Research (CCR) at the University of Western Sydney (UWS) to investigate Australian Arabs' and Muslims' experiences of post-September 11 racism, the extent to which these experiences were going unreported and the reasons for this. The CCR team was charged with addressing the following questions: -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The National Program on Refugees and Displaced People operates under the Christian World Service Commission of the National Council of Churches in Australia, which has been assisting refugees to resettle in Australia since 1948. -
Disability Rights
14 December 2012SpeechThe right to belong
I have called this paper "the right to belong", and it is with this idea that I wish to begin my address to you this afternoon, before discussing in more detail the current state of the law in relation to disability discrimination. -
Sex Discrimination
14 December 2012PublicationPregnancy Guidelines (2001)
The Pregnancy Guidelines follow the Commission's Report of the National Inquiry into Pregnancy and Work, Pregnant and Productive: It's a right not a privilege to work while pregnant, commissioned by the federal Attorney-General in August 1998. -
14 December 2012Book page
Social Justice Report 1998 : Introduction: A Handful of Soil
The removal of the children from Wave Hill by MacRobertson Miller aircraft was accompanied by distressing scenes the like of which I wish never to experience again. The engines of the 'plane are not stopped at Wave Hill and the noise combined with the strangeness of an aircraft only accentuated the grief and fear of the children, resulting in near-hysteria in two of them. I am convinced that the… -
Rights and Freedoms
19 August 2016SpeechTony Blackshield Lecture
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years. I have two… -
Asylum Seekers and Refugees
19 June 2013SpeechAustralian Government’s third country processing regime & human rights
Explore a speech delivered by the former President of the Human Rights Commission, Professor Gillian Triggs, to the Refugee Advice and Casework Service. -
Legal
14 December 2012Webpage
Web accessibility and Government 2.0 (2009)
The Australian Human Rights Commission (the Commission) makes this submission to the Government 2.0 Taskforce - Towards Government 2.0: An issues paper. -
Legal
14 December 2012Webpage
Inquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2011
Recommendation 2: The Migration Act should be amended to provide that detention of unlawful non-citizens in immigration detention facilities must only be used as a measure of last resort. There should be a clear presumption against the detention of children for immigration purposes.