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Legal14 December 2012Webpage
Summary of the submissions by the Commission
On 8 February 2002, the Full Court of the Family Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in the appeal by the Attorney-General against the judgment of Justice Chisholm on 12 October 2001. In that judgment, his Honour declared valid the marriage between Kevin (a post-operative female to male transsexual person) and Jennifer… -
Legal14 December 2012Webpage
Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008)
(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform) -
Legal14 December 2012Webpage
Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008)
(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform) -
Asylum Seekers and Refugees23 January 2013Publication
Immigration detention on Christmas Island - Observations from visit to Immigration detention facilities on Christmas Island
Immigration detention on Christmas Island Observations from visit to Immigration detention facilities on Christmas Island -
Legal14 December 2012Webpage
Submission - Inquiry into Older People and the Law (2006)
ADA: Age Discrimination Act 2004 (Cwth) CEDAW: Convention on the Elimination of all forms of Discrimination Against Women DDA: Disability Discrimination Act 1992 (Cwth) EOWA: Equal Opportunity for Women in the Workplace Agency HREOC: … -
Legal14 December 2012Webpage
Catholic Education Office - Application for Exemption
By this instrument, the Human Rights and Equal Opportunity Commission (the "Commission") declines to grant to the Catholic Education Office, Archdiocese of Sydney (the "CEO") a temporary exemption pursuant to section 44(1) of the Sex Discrimination Act (Cth) 1984 (the "Act"), in relation to the operation of sections 21(2)(a) and 22(1) of the Act. -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 3 - The Race Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination. -
Legal14 December 2012Webpage
Decision to decline to grant a temporary exemption sought by MOSEDG trading as Youth Connect
By this instrument, the Human Rights and Equal Opportunity Commission (HREOC) declines to grant to MOSEDG Inc. trading as Youth Connect (Youth Connect) a temporary exemption pursuant to s 44(1) of the Age Discrimination Act 2004 (Cth) (ADA). -
Legal14 December 2012Webpage
Submission - Client Legal Privilege and Federal Investigatory Bodies (2007)
[2] Relevantly, s 24 (3) provides that: ‘Notwithstanding the provisions of any law, a person is not excused: (a) from giving any information, or producing a document, when required to do so pursuant to this Act; or (b) from answering a question that the person is required to answer by a member before whom the person is attending in compliance with a notice served on the person under… -
Legal14 December 2012Webpage
HREOC submission to Inquiry into Immigration Detention in Australia
Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act. -
Legal14 December 2012Webpage
Protection of the rights of the child in the context of migration (2010)
The Australian Human Rights Commission (the Commission) is Australia’s national human rights institution, established by the Australian Human Rights Commission Act 1986 (Cth). -
Legal14 December 2012Webpage
Decision to decline to grant a temporary exemption sought by the University of Western Sydney
By this instrument, the Human Rights and Equal Opportunity Commission (‘HREOC’) declines to grant to University of Western Sydney (‘UWS’) a temporary exemption pursuant to s 44(1) of the Age Discrimination Act 2004 (Cth) (‘ADA’). -
Legal14 December 2012Webpage
Inquiry into the Migration Amendment (Removal of Mandatory Minimum Penalties) Bill 2012
The Commission supports the repeal from the Migration Act 1958 (Cth) (Migration Act) of the mandatory minimum penalties currently applicable to the aggravated offence of people smuggling. -
Legal14 December 2012Webpage
Australia’s compliance with the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
A. Introduction B. The ratification of OPCAT. C. A new torture offence D. Treatment in Immigration Detention E. A system of complementary protection F. Mechanisms to check diplomatic assurances are honoured G. Engagement with the UN Treaty Body process -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 5
Protecting the best interests of a child is one of the most important principles of international law and the Convention on the Rights of the Child (CRC) in particular. This chapter focuses on whether federal law currently protects the best interests of a child being raised by lesbian or gay parents. -
Employers18 February 2015Quick Guide
Disability Discrimination
Explore the Australian Human Rights Commission’s guide to disability discrimination laws, covering protections, reasonable adjustments, and positive discrimination. -
Legal6 May 2014Submission
Inquiry into the Migration Amendment (Regaining Control Over Australia’s Protection Obligations) Bill 2013
1 Introduction The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Legislation Committee in its Inquiry into the Migration Amendment (Regaining Control Over Australia’s Protection Obligations) Bill 2013. The Commission is established by the Australian Human Rights Commission Act 1986 (Cth) and is Australia’s national human rights… -
14 December 2012Book page
2 Biomedical markers and the assessment of chronological age
Since 2001, the primary method of assessing whether an individual is under the age of 18 years in the context of criminal proceedings in Australia has been through the analysis of an x-ray of the young person’s wrist. As this Inquiry is considering the treatment of young Indonesian males suspected of people smuggling who say that they are children, it is important to consider the… -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 15
Many same-sex couples who appeared at the Inquiry’s community forums talked about the problems they face in getting visas. They highlighted the limited options available to a same-sex couple wanting to migrate to Australia as a couple. They talked about the additional expense and disruption to their lives in proving their entitlement to a visa. And they talked about the indignity of being… -
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…