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Legal
14 December 2012WebpageSubmission - Inquiry into Human Services (Enhanced Service Delivery) Bill 2007
As a result of their disadvantaged socio-economic status, most Indigenous Australians will be required to register for the access card in order to gain or maintain access to social welfare payments, Medicare services, and the Pharmaceutical Benefits Scheme; -
Disability Rights
14 December 2012SpeechPreparations for the Olympics and Paralympics and inclusion of people with disabilities: the Australian experience
There is substantial attention in the international community being directed at present to the human rights of people with disabilities. An international convention on human rights and disability is being actively considered through the United Nations system. I would have been attending a regional meeting in Beijing in April this year as part of this process but this was cancelled because of the… -
Disability Rights
14 December 2012Speech
Getting it right - a baker's dozen
Read a speech that highlights the importance of the design and construction of buildings and to ensure equal access to people with a disability. -
Legal
30 April 2015Webpage
Commonwealth and ADEs Interim
Interim Application On 22 April 2015 the Commonwealth made an application for an interim exemption for the period between the expiry of the original exemption on 29 April 2015 and the date on which the Commission publishes its determination in relation to the application of 21 April 2015 ( Interim Application ). On 30 April 2015 the Commission decided to grant the Applicants a temporary… -
Asylum Seekers and Refugees
10 January 2014WebpageAsylum seekers and refugees guide
Learn everything about refugee and asylum seeker issues, such as immigration detention, legal rights, protection visas and enhanced screening. -
Asylum Seekers and Refugees
8 January 2014Publication
A last resort? National Inquiry into Children in Immigration Detention
This is an important report. It deals with our treatment of children in the most recent wave of boat people seeking refuge and a better life on our shores. It does so in the knowledge that there is a tension created by the community expectation that the Government will defend Australia's security while simultaneously upholding individual rights - the notion of the 'fairgo' for all. The report… -
Asylum Seekers and Refugees
26 June 2013Publication
Tell Me About: The ‘Enhanced Screening Process’
Learn about the 'enhanced screening process' and how it's applied to unauthorised maritime arrivals to see if their claims will inhibit their removal. -
Rights and Freedoms
18 May 2013Webpage1981-86 Human Rights Commission Occasional Papers
These papers have been added to this site for research and historical purposes. Australia's first federal Human Rights Commission was established by the Fraser Government under the Human Rights Commission Act 1981. The first Commission was replaced by the Human Rights and Equal Opportunity Commission (now renamed as the Australian Human Rights Commission) in December 1986. The first… -
Commission – General
14 December 2012SpeechCreating a culture of human rights compliance
Debates about a charter of rights are often monopolised by the contentious issue of the proper role of the courts. While this is undoubtedly an important question, it overlooks the impact a charter would have on the role of Parliament as a guardian of rights of freedoms. -
Legal
14 December 2012Webpage
Exemption: Allocated spaces - Queensland Rail Tilt trains
By this instrument, the Human Rights and Equal Opportunity Commission (‘HREOC') grants a temporary exemption to Queensland Rail Ltd (“QR”) pursuant to sections 55(1) and 55(1A) of the Disability Discrimination Act 1992 (‘DDA') in relation to allocated spaces on tilt trains operated by QR. -
Legal
14 December 2012Webpage
Exemption: Catholic Education Office
The Catholic Education Office, Archdiocese of Sydney applied on 30 August 2002 (with a supplementary application dated 16 October 2002) to the Human Rights and Equal Opportunity Commission for temporary exemption under the Sex Discrimination Act 1984 ("SDA"), section 44, to offer teacher training scholarships to male students only. -
Legal
14 December 2012Webpage
SJU: Submission to Inquiry into Aboriginal Customary Law in NT
To access the Aboriginal and Torres Strait Islander Social Justice Commissioner's Submission to the Northern Territory Law Reform Committee Inquiry into Aboriginal Customary law in the Northern Territory click here. -
Legal
14 December 2012Webpage
Submission to the Senate Legal and Constitutional References Committee's inquiry into the stolen generation
This submission has been prepared by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission. -
Legal
14 December 2012Webpage
Commission Submission: Ashmore
1. The Coroner has jurisdiction, relevantly, "to investigate a death". See s 19(1) of the Coroner's Act 1996 (CI) (the Act). Also see the definition of "investigation" in s 3 and ss 8, 25(1) - (3), 27(3) - (5), 44(2), 46(2) and 50 of the Act. Cf s 6(1) of the Coroner's Act 1920 (CI) which limited the jurisdiction of the Coroner, relevantly, "to inquire into the manner and… -
Legal
14 December 2012Publication
Reports to the Minister under the AHRC Act
In addition to receiving complaints of unlawful discrimination, the Commission can inquire into complaints of breaches of human rights and workplace discrimination under the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act). -
Disability Rights
30 June 2015Publication
Mental Health Legislation and Human Rights
This paper presents an indicative analysis of the mental health legislation in each State and Territory in terms of recently agreed international standards - the UN Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care. The legislation in every Australian jurisdiction breaches the standards prescribed in the UN Principles in a number of ways… -
Asylum Seekers and Refugees
8 January 2014Publication
An age of uncertainty - Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children
This report makes disturbing reading. It documents numerous breaches by Australia of both the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights. As a nation that is understandably anxious that the rights of our own children should be respected when they come into contact with the authorities of other countries, it is troubling that between late… -
Legal
19 March 2013Publication
Casenote: Monis v The Queen [2013] HCA 4
Important High Court cases on freedom of expression Two sets of decisions issued last week by the High Court of Australia highlight the need for continuing discussion of options for improved legislative frameworks to protect freedom of expression and other human rights. In Attorney-General for South Australia v Corporation of the City of Adelaide and Orsa majority of the Court upheld a local… -
Rights and Freedoms
13 March 2013Webpage
Rights and freedoms: web links
Links from bayefsky.com bayefsky.com is an extensive collection of resources maintained by leading human rights academic Anne Bayefsky and colleagues . In many cases it provides easier access than the official UN document versions. The site includes an introduction to the human rights treaty system; the text of the treaties and amendments; pages for each country; pages organised by category… -
Legal
14 December 2012Speech
Response to Lord Bingham’s speech: “Do Human Rights Acts Make a Difference?” - David Kinley
Conspicuously active in retirement! Perhaps most notably his Grotius Lecture in London last month in which he raised serious doubts as to the legality under international law of Britain’s invasion of Iraq. This is hardly the path of a man seeking a quiet retirement.