Search results

1.2 These written submissions are made by the Human Rights and Equal Opportunity Commission (‘the Commission’) pursuant to its functions relating to human rights under section 11(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’).[1] In these submissions, the Commission sets out the human rights issues surrounding the incarceration and…

2. The exercise of the jurisdiction of the Family Court is directly linked to the child's capacity to consent and therefore the capacity to consent must be the first issue to be decided.

3. His Honour failed to take into account the decision of the High Court of Australia in Waters -v- the Public Transport Commission in stating that the National Occupational Health and Safety Commission is not limited in its consideration by anything set down in the Sex Discrimination Act 1984.

a) the Family Law Reform Act 1995 (Cth) ("the Reform Act") does not change the basic and long-standing principle that in all matters affecting children it is the 'best interests of the child' that remains the paramount consideration;

Any person, which includes persons resident in Australia or abroad, whether or not they are Australian citizens, companies, prisoners or children may make a Freedom of Information request.

Apart from the express statutory authority for such intervention it would appear that the non party intervention may only be allowed where the intervener can provide arguments or facts which will contribute to the Court's reaching an informed decision, and where the significance of those arguments or facts is sufficient to outweigh any expense and/or delay which may be caused to the parties by…

For the purposes of this Act, a person (discriminator) discriminates against another person (aggrieved person) on the ground of a disability of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition:

HIS HONOUR: The accused Cheung Ying Lun also known as Garry Cheung is to stand trial in this court on 15 February 1993 upon an indictment charging that between 1 August 1988 and 12 May 1989 he was knowingly concerned in the importation into Australia of a quantity of heroin exceeding the commercial quantity.

I, Alastair Neil Hope, State Coroner, having investigated the deaths of Nurjan Husseini and Fatimeh Husseini, with an Inquest held at Fremantle Court House on 4-8 November, 2002 find that the identity of the deceased persons were Nurjan Husseini and Fatimeh Husseini and that deaths occurred on 8 November, 2001, 24 nautical miles from any portion of Australian Territory as a result of Immersion in…

Learn about the amicus curiae role in the Hervey Bay case.

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…

The Commission supports the submissions of the appellant in Matter No.12 of 1994 and of the applicant in Matter No.13 of 1994. Its additional submissions are limited to (1) the relevance of the welfare jurisdiction of the Family Court, and (2) a review of relevant comparative international law (written submissions).

The communication difficulties that may be faced by Aboriginal people in the legal system have long been recognised.1 In the Queensland context, these have been well documented by Dr Diana Eades 2 and the Criminal Justice Commission (CJC).3 These issues are also dealt with in detail in the Equal Treatment Benchbook of the Supreme Court of Queensland (‘the Queensland Benchbook’)4 and…

The English superior courts have taken the view that their inherent parens patriae powers, which include making the child a ward of the court, are invoked where the child has British nationality or is ordinarily resident in the jurisdiction: Nugent -v- Vetzera [1866] L.R. 704, at p.714; McKee -v- McKee [1951] AC 352, at p.360; In re P (An Infant) [1965] 1 Ch 568, at pp. 584, 587, 588 and 590.

The Human Rights and Equal Opportunity Commission (‘the Commission’) seeks leave to appear in this inquest pursuant to s 36(1)(c) of the Coroners Act 2003 (Qld) (‘the Coroners Act’).

The Human Rights and Equal Opportunity Commission ('the Commission') makes these submissions in relation to the comments that may be made by the Coroner in this matter.

These submissions concern the powers of a coroner under the Coroners Act 2003 (Qld) ('Coroners Act') to make comments on what might be described as 'systemic' issues arising out of an inquest.

This is an inquest into the circumstances of the deaths of two Aboriginal men (approximately 37 and 21 years old) in Mutitjulu and one Aboriginal boy (approximately 14 years old) in Willowra. Without seeking to pre-empt any findings by the Coroner, the deaths all appear to be related to the sniffing of petrol.

Discover the subject index of submissions to the Commonwealth Parliament.