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All Australians have human rights. Human rights are universal: they are for everyone, everywhere, everyday. Human rights are based on values such as freedom, equality and dignity and seek to protect our quality of life.

This report covers my final year as the Race Discrimination Commissioner, a position I have occupied for five years alongside my position as the Aboriginal and Torres Strait Islander Social Justice Commissioner.

In my Native Title Report 2007, I reported on the changes that were made to the native title system during that year. The changes, which were made through two pieces of legislation which amended the Native Title Act, primarily affected:

The Commission reviews staff performance annually through its Performance Management Scheme. The Scheme provides an opportunity to set goals and priorities in line with our Strategic Plan and to assess the level of individual performance and contribution to Unit outcomes. The Scheme also provides an opportunity to identify and address learning and development needs and to plan effectively for the…

The Commission has a function of intervening, with the leave of the Court, in proceedings that involve issues of human rights, equal opportunity in employment and age, race, sex, marital status, pregnancy and disability discrimination.

Over the millennia, Indigenous peoples have developed a close and unique connection with the lands and environments in which they live. They have established distinct systems of knowledge, innovation and practices relating to the uses and management of biological diversity on these lands and environments.

In 2007-08, the number of new migrants who settled permanently in Australia was 205 940.[78] The Department of Immigration and Citizenship (DIAC) and the Australian Bureau of Statistics (ABS) defines ‘settled permanently’ as:

A united Australia which represents this land of ours; values the Aboriginal and Torres Strait Islander heritage and provides justice and equity for all. Vision of Reconciliation, Council for Aboriginal Reconciliation.[1]

One of the Commission’s central functions is to undertake education programs that increase public awareness and generate discussion of human rights and anti-discrimination issues within Australia.

The Commission’s policy work on issues of human rights and disability has involved sustained focus, and engagement with government, disability community experts and representatives, and industry bodies over many years, and particularly since the passage of the Disability Discrimination Act in 1992.

After 11 years of conservative rule under the Howard Government, that saw Indigenous peoples’ native title rights and interests severely degraded under the Wik 10 Point Plan, the election of the Labor Government raised an opportunity to renew the relationship between the State and Australia’s Indigenous peoples.

On 13 January 2009 the Commission released the 2008 Immigration detention report: Summary of observations following visits to Australia’s immigration detention facilities.

2008-09 has been a year of positive developments in the human rights area. While many human rights challenges lie ahead, as Human Rights Commissioner, I have been excited by the progress that Australia has made in human rights, both domestically and internationally during the year.

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…

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]