Search results

1. On 16 July 2003 the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner (the Commissioner) was granted leave to appear as amicus curiae in these proceedings, pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the HREOC Act).

"unlawful discrimination" means any acts, omissions or practices that are unlawful under…[p]art 2 of the Disability Discrimination Act 1992 …and includes any conduct that is an offence under… Division 4 of Part 2 of the Disability Discrimination Act 1992…

If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’.  The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to…

(1)It is unlawful for a person to discriminate against another person on the ground of the other person’s disability or a disability of any of that other person’s associates:

(c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community.

1. These submissions have been prepared for the assistance of the Court in the event that the Commissioner is given leave to appear as amicus curiae on 22 February 2007 and given an opportunity to make submissions on the issue of jurisdiction. These submissions address the contentions of the respondent asserting lack of jurisdiction in this Court to entertain these proceedings only in so far as…

The Australian Human Rights Commission (‘the Commission’) has a function to intervene, with a Court’s leave, in proceedings involving issues of discrimination or human rights (otherwise known as ‘intervention issues’).

If the Commission pleases I appear before your honours to make a submission on behalf of the Human Rights and Equal Opportunity Commission in support of the application made by the ACTU.

General Recommendation No 5 Seventh Session, 1988 (Attachment Ten) General Recommendation No 23 Sixteenth Session, 1997 (Attachment Eleven) General Recommendation No 25 Thirtieth Session, 30 January 2004 (Attachment Twelve)

(i) R -v- Shrestha 100 ALR 757 (ii) Mabo -v- Queensland (1992) 66 AUR 408(iii) Adamopoulous -t- Olympic Airways SA 25 NSWLR 75(iv) Gradidge -v- Grace Bros Pty Ltd (1988) 93 FLR 414

1. An appeal lies to the Federal Court from "a judgment or order of a prescribed court exercising jurisdiction ~der" section 383 of the Commonwealth Electoral Act 1918 ("the Electoral Act'): sections. 383(9). A prescribed court is defined in sub-section 383(11) to include the Supreme Court of Victoria.

1. I am the Secretary of the Human Rights and Equal Opportunity Commission (hereinafter referred to as the Commission) and am duly authorised to make this affidavit.

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…

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…

1. The Human Rights and Equal Opportunity Commission ("the Commission"), by summons dated 11 March 1996, has sought leave to intervene Of, in the alternative, to appear as amicus curiae in the within proceedings.

1. The Human Rights and Equal Opportunity Commission makes two submissions with respect to the interpretation of s.170DF(2)(f) of the Industrial Relations Act 1988 (Cth). They are:

1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's view should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child.

1.1 On 15 January 2004, the Family Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in these proceedings, pursuant to s 92 of the Family Law Act 1975 (Cth) ("Family Law Act").

1.1 On 8 February 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.92 of the Family Law Act 1975 (Cth) ("Family Law Act").

1.1  It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's views should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child.