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Under section 501 of the Migration Act 1958 (Cth) (Migration Act), a non-citizen’s visa may be cancelled if they do not satisfy the Minister for Immigration and Citizenship (the Minister) or the Minister’s delegate that they pass the ‘character test’.

The Yankunytjatjara and Pitjantjatjara and other Indigenous people of the town of Yulara, in the shadows of Uluru, had their claim for compensation for extinguishment of native title rejected by Justice Sackville in the Federal Court (the Jango case)1in 2006. The Noongar people (the Noongar case)2 had their claim for native title over the metropolitan area of Perth upheld. Further north, around…

1.1 Introduction In last year’s Social Justice and Native Title Report, I raised concerns about the changes resulting from the 2014-15 Budget and the restructure to Indigenous Affairs through the Indigenous Advancement Strategy (IAS). Despite initial concerns about how these changes would impact our communities, I indicated that the streamlining of programs and the move away from a ‘one size…

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…

Social Justice Report 2011 Back to Contents Appendix 2: Chronology of Events Relating to the Administration of Indigenous Affairs 1 July 2010 – 30 June 2011 DATE EVENT / SUMMARY OF ISSUE 2 July 2010 Torres Strait Islander sea rights recognised by Federal Court The Federal Court recognised the Torres Strait Regional Sea Claim Group’s native title rights over about 37 800sq. km of sea between…

In summary Mothers Survey Discrimination in the workplace against mothers is pervasive. One in two mothers reported experiencing discrimination at some point during pregnancy, parental leave or on return to work. Discrimination is experienced in many different forms ranging from negative attitudes in the workplace through to job loss. 32% of all mothers who were discriminated against at some…

The opportunities for children to engage in play and recreation have a critical impact on a child's experience of detention. However, the detention environment brings with it inherent difficulties in providing adequate opportunity for play and recreation.

The Convention on the Rights of the Child (CRC) requires Australia to protect children's rights to cultural identity, language and religion. The most effective way of ensuring enjoyment of these rights is to encourage and allow refugee and asylum-seeking children to participate in cultural and religious activities in the community. The Australian community is well equipped to respond to this need…

I'm a mother who has been out of the paid workforce for two years and will probably be for the next 4 years, until my children are ready for pre-school. My return to work will probably be on a part-time basis and I will probably have to re-start my career after so many years out so I don't expect that I will earn very much. I never thought this would be the case - I studied for many years, earned…

Issues Paper 3, which was issued on the launch of the Inquiry, discussed the incentives and disincentives regarding employment of people with disability from the perspective of employers.

7.1 Introduction 7.2 What children want and need 7.3 Early childhood education and care services and children's wellbeing 7.4 Government provision of early childhood education and care services 7.5 How do we make child care services more family-friendly? 7.6 Making early childhood education and care services more accessible for parents and children with disability 7.7 Integration of child care…

This discussion paper briefly discusses federal laws which exclude same-sex couples from accessing financial and work-related entitlements. The paper discusses the following areas of federal law:

In addition to the detailed findings in each of Chapters 5-16, the Inquiry has made the following major findings in relation to Australia's mandatory immigration detention system as it applied to children who arrived in Australia without a visa (unauthorised arrivals) over the period 1999-2002.

3.1 Introduction In chapters 1 and 2, I look back over the past 20 years that the Social Justice Commissioner position has been in place and think about the journey and our learning over this time. In this chapter, I want to explore how those lessons can take us forward to chart a confident course into the future and how the realisation of our rights can produce long term sustainable…

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.

As I reflect on the events that have taken place during the reporting period from 1 July 2010 to 30 June 2011, I see cause for optimism whilst also acknowledging there are still some areas that remain a concern. Over the last year we have reached some major milestones. For instance, we have seen the election of the two co-chairs and a board to the National Congress of Australia’s First…