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Legal
6 May 2014SubmissionInquiry 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
7. Refugee Status Determination for Children in Immigration Detention
The United Nations High Commissioner for Refugees (UNHCR) estimates that around half of the 50 million displaced persons in the world are children. Around 10 million of these children are under the care of UNHCR. Approximately 100,000 separated children roam Western Europe.(1) During 1999 alone, more than 20,000 separated children applied for asylum in Western Europe, North America or Australia… -
14 December 2012Book page
Foreword - Effectively preventing and responding to sexual harassment: A Code of Practice for Employers (2008)
Welcome to the 2008 edition of Effectively preventing and responding to sexual harassment: A Code of Practice for Employers (Code of Practice). This publication provides practical guidance to employers on how to meet their legal obligations to prevent and manage sexual harassment in the workplace. -
Asylum Seekers and Refugees
19 September 2017SpeechMaking detention safe and humane: can we grasp a once-in-a-generation opportunity?
Making detention safe and humane: can we grasp a once-in-a-generation opportunity? Austin Asche Oration Australian Academy of Law and Charles Darwin University Nitmiluk Lounge, Level 4, Parliament House, Darwin 5pm, 19 September 2017 CHECK AGAINST DELIVERY Introduction Acknowledgements Traditional Aboriginal owners, the Larrakia people Austin Asche AC QC (former NT Administrator and Chief… -
Commission – General
14 December 2012SpeechSite navigation
Human rights are said to be universal and indivisible. This paper explores how far that universality introduces human rights principles into the functions and work of the Administrative Appeals Tribunal (AAT). The answer, I think, could be “further than you realise”. -
Sex Discrimination
8 December 2022SpeechNational Press Club Address: Changing Laws, Changing Behaviours, Changing Lives
Speech by Australia's National Sex Discrimination Commissioner, Kate Jenkins, to the National Press Club on 30 November, 2022. -
Rights and Freedoms
28 June 2020Media ReleaseImplementing OPCAT in Australia released
The Commission has today released recommendations for how Australia should implement the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Implementing OPCAT in Australia is the final step in the Commission’s consultation process with civil society, inspectorate and monitoring bodies, and a number of state and territory… -
14 April 2015Book page
6 Giving effect to the Declaration
6.1 Introduction 6.2 Steps taken by the Australian Government to implement the Declaration 6.3 Giving effect to the Declaration 6.4 Conclusion and recommendations 6.1 Introduction Throughout my term, I have continually emphasised the importance of the United Nations Declaration on the Rights of Indigenous Peoples [565] (the Declaration). The Declaration is the most comprehensive and advanced… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
I looked up and saw a long line of men, women and children waiting to have their blood taken. I was standing beside a small table in a RAAF tent with a co-worker. It was 40 degrees Celsius in the Kimberly November humidity. Both ends of our tent were open in a vain attempt to get a breeze through as we worked side by side with flies buzzing around our faces and hands and sweat running down our… -
14 December 2012Book page
A Time to Value - Part A
In August 2001, the Human Rights and Equal Opportunity Commission (HREOC) began a comprehensive examination of the need or otherwise for a national paid maternity leave scheme in Australia. -
Legal
14 December 2012Webpage
Minister for Immigration v Ah Hin Teoh
1. On 20 November 1989 the Convention on the Rights of the Child ("the Convention") (ATS 1991 No 4) was adopted by the General Assembly of the United Nations and opened for signature, ratification and accession (see Cth Gaz No GN I, 13 January 1993, p 85). On 22 August 1990 the Convention was signed for Australia (see ATS 1991 No 4, P 35, n 1). On 2 September 1990, pursuant to Article… -
Rights and Freedoms
13 February 2017Opinion piece
OPCAT could revolutionise Australia's treatment of detainees
The federal government has announced it will ratify and implement the OPCAT treaty . Few people will have heard of OPCAT (Optional Protocol to the Convention against Torture). It creates no new legal rights. Yet it could be the single most positive step this decade in improving conditions in all Australian places of detention. OPCAT will enhance how independent bodies inspect places of… -
Legal
22 March 2024Speech
Law Dinner to celebrate the 120th anniversary of SULS
Emeritus Professor Rosalind Croucher AM Let me begin by acknowledging the traditional custodians of the land on which we meet, the Gadigal people of the Eora Nation and pay my respect to Elders, past, present and emerging, and also to acknowledge any Indigenous guests attending today. I am sorry that as a nation we did not accept the invitation offered in the Uluru Statement from the Heart… -
14 December 2012Book page
Native Title Report 2000: Appendix 1
(a) whether the finding of the Committee on the Elimination of Racial Discrimination (CERD Committee) that the Native Title Amendment Act 1998 is inconsistent with Australia's international legal obligations, in particular the Convention on the Elimination of all Forms of Racial Discrimination, is sustainable on the weight of informed opinion; -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Australia's Immigration Detention Centres are contradictory to the human rights of the child. The Immigration Detention experience is extremely harmful to children and has effects of traumatisation and re-traumatisation during the Detention experience and continuing after release. Concerning alternatives to Detention, the present options are also not geared towards the best interest of the child. -
Rights and Freedoms
14 December 2012Speech
Don Chipp Foundation Defending Democracy Public Forum “What a Bill of Rights could deliver for Australia”: Dr Sev Ozdowski OAM (2005)
Many of you here would have read Tony Stephen’s SMH article ‘Stand up for your rights stuff’ of Saturday 8 October, where he gave an account of the launch by New Matilda of a campaign to install a Bill of Rights in Australia. -
Aboriginal and Torres Strait Islander Social Justice
27 January 2016Opinion pieceGovernment’s Healthy Welfare Card no solution to alcohol abuse
In Aboriginal and Torres Strait Islander communities across the country, old wounds are being reopened. Many of our people are being forced to revisit the past trauma of income management and stolen wages. The federal government’s Healthy Welfare Card has created great concern and contention, as the measure will disproportionately affect Aboriginal and Torres Strait Islander people, and… -
Disability Rights
14 December 2012SpeechTHE DDA AS A TOOL FOR CHANGE
I am particularly pleased to welcome the Honourable Daryl Williams, Attorney-General of the Commonwealth of Australia, who has kindly agreed to open our proceedings. -
Children's Rights
27 October 2017SpeechChildren’s rights to safety and to a holistic education
Good morning everyone and thank you Katharine O’Donnell, ANZELA National President, for inviting me to be part of what I hear has been a stimulating event to date and to present the Dr Ann Shorten Memorial Lecture. I too would like to acknowledge the traditional custodians of the land on which we meet today, the Gadigal people of the Eora Nation, and pay my respects to elders past, present… -
Children's Rights
30 June 2014Speech
Presentation to the ANZCDR&PG Annual Meeting by Megan Mitchell
Insights into the key human rights issues facing children and young people by the National Children's Commissioner.