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The Internet has opened up new possibilities for the realisation of the right to freedom of expression. This is due to the Internet’s unique characteristics, including ‘its speed, worldwide reach and relative anonymity’. [9] These distinctive features have enabled individuals to use the Internet to disseminate information in ‘real time’, and to mobilise people. [10] The United Nations…

As noted above, article 19(3) of the ICCPR permits limitations on the rights recognised in article 19(2), but those limitations must be: (1) provided by law and (2) necessary for respect of the rights or reputations of others, for the protection of national security, public order, or public health or morals. The HRC in its General Comment 34 has emphasised that: when a State party imposes

The challenge of finding the appropriate balance between rights is not one which is specific to the Internet.It is difficult to know if Australian laws that limit freedom of expression in the interests of other rights, or on other permissible grounds, have ‘drawn the line’ appropriately without a comprehensive review of such laws. In New Zealand, a legislative review undertaken by the New…

Current federal anti-discrimination laws would generally apply to cyberspace to the extent that discriminatory behaviour (or harassment) online relates to a protected attribute, and could be said to have occurred in one of the stipulated areas of ‘public’ life. This is particularly clear in relation to the prohibition on sexual harassment under the Sex Discrimination Act 1984 (Cth) (SDA), as…

While there appears to be no express right of general application to ‘access cyberspace/the Internet’ stipulated in any of the major international human rights instruments, [210] it has been argued at the international level that such access is critical, particularly in terms of the right to freedom of expression, and in the redressing of structural disadvantage. Accordingly a number of…

It is clear that the Internet provides unparalleled opportunities for the promotion and advancement of human rights, most centrally the right to seek, receive and impart information. The Special Rapporteur on that right has described the Internet as ‘one of the most powerful instruments of the 21st century for increasing transparency in the conduct of the powerful, access to information, and…

There are two broad challenges regarding human rights and use of the Internet which emerge from the discussion in this paper, namely: How do we as a society achieve an appropriate balance between competing rights in an online environment? What steps should be taken to address discrimination in terms of the ability of certain groups to access (and safely utilise) the Internet? 10.1 Addressing…

The role of the Australian Human Rights Commission is to see that human rights and fundamental freedoms are understood and respected in law, policy and practice. The Commission is independent from government, with a legislative mandate, and recognised internationally as an ‘A Status’ National Human Rights Institution. We strive to resolve complaints, encourage positive law reform and build a…

6.1 Commission projects and publications The Commission has considered issues relating to the human rights of people impacted by section 501 visa refusals or cancellations in the following work: The Commission’s report: 2011 Immigration detention at Villawood: Summary of observations from visit to detention facilities at Villawood [106] The Commission’s 2009 submission to the Senate Standing…

Under section 501 (and/or sections 501A and 501B) [1] of the Migration Act 1958 (Cth) (Migration Act), a non-citizen’s application for a visa may be refused or their 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’. During the 2011-12 financial year 88 people had their…

Explore the two-stage decision-making process under section 501 of the Migration Act. Learn about the threshold test, Minister’s powers, and character assessment.

Learn about visa refusal and cancellation under section 501 of the Migration Act. Unlawful non-citizens face detention and potential removal from Australia.

The Commission has a number of concerns about the impact on the human rights of people whose applications for visas are refused or whose visas are cancelled under section 501 of the Migration Act. The Commission is particularly concerned about the consequences for: refugees who have their applications for protection visas refused on character grounds long-term permanent residents of…

5.1 Access to merits review Depending on the circumstances, a person who has an application for a visa refused or a visa cancelled under section 501 may be able to apply to the Administrative Appeals Tribunal (AAT) for review of the merits of the decision, or they may only be able to challenge the legality of the decision through the courts. Whether the person can apply for merits review by…

You have the right to choose where you live. As you grow older, your housing needs may change. For example, you may become less independent, choose to downsize, or have a desire to live closer to family. Know your rights in each of these situations. This chapter provides information about the different housing options available in retirement. 9.1 Staying at home: finance options If you would…

Losing someone close is very difficult. For that reason, it is important that you are aware of the services and supports that are available when you are bereaved. This chapter provides information about the services that can assist you after the loss of a loved one. 14.1 Income support after bereavement Financial support is available to eligible people to assist with the financial adjustment…

The Report of the Review into the Treatment of Women at ADFA (November 2011) (ADFA Report) made 31 wide ranging recommendations to effect significant cultural change. The ADF accepted all the recommendations made – 30 in full and one in principle. 1 The Audit team does not expect that cultural change of the scale envisaged by the Review will have been achieved within 12 months. This is…

ADFA has made significant progress in implementing the Review’s recommendations. The senior leaders at ADFA are committed to cultural change and have worked with a view to embedding reforms. Further work is required in certain areas, including in the development and delivery of an evidence based sexual ethics program with an expert educator. Continued efforts are also required to separate…

The Audit undertook qualitative and quantitative research and conducted an extensive review of all documentation which provided evidence of the implementation of recommendations. The Audit spoke to undergraduates, all members of the Review Implementation Team (RIT),1 members of the ADFA leadership team, military staff, academic staff, padres and international cadets. Initial interviews and…

This chapter outlines the structure and processes for implementing the Review’s recommendations. It describes the overarching framework and approach to reform at ADFA. This chapter also identifies risks to implementation of recommendations and the sustainability of cultural change. 1 In summary: The Audit is confident that the recommendations are being implemented with a view to creating…