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Legal
14 December 2012WebpageCommission submissions: Langer
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. -
Legal
14 December 2012Webpage
Commission submissions: Mt Isa Mines
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. -
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… -
14 December 2012Book page
HREOC Report No. 18
1. The commission's jurisdiction 2. The complaint 3. The complainant's evidence and submissions 4. Respondent's response 5. Documentary material before the commission 6. Conciliation 7. Preliminary findings of Commissioner Sidoti 8. Response to Commissioner Sidoti's preliminary findings 9. My Further Preliminary Findings 10. Respondent's response to my Further Preliminary Findings 11. Section 21… -
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 2012Webpage
Commission submissions: Toonen & Croome
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. -
Legal
14 December 2012Webpage
Commission submissions: Christie
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: -
Legal
14 December 2012Webpage
Commission submissions: P v P
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. -
Legal
14 December 2012Webpage
Commission submissions: Alex
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"). -
Legal
14 December 2012Webpage
Submission: Commission intervener
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"). -
Legal
14 December 2012Webpage
Commission submission - Child's Right to be Heard
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. -
Legal
14 December 2012Webpage
INQUEST INTO THE DEATH OF SCOTT SIMPSON
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… -
14 December 2012Book page
HREOC Report No. 20
10.1 Whether there was an act or practice in terms of the HREOC Act 10.2 Whether there was a distinction, exclusion, or preference on the basis of criminal record 10.3 Whether the distinction, exclusion or preference nullified or impaired equality of opportunity or treatment in employment or occupation 10.4 Whether the distinction, exclusion or preference was based on the inherent requirements of… -
Legal
14 December 2012Webpage
Commission submissions: P v P
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. -
14 December 2012Book page
AusHRC 54: Pak family v Commonwealth of Australia (Department of Immigration & Citizenship)
Learn about the case of the Pak family v. Commonwealth of Australia (Department of Immigration and Citizenship). -
Legal
14 December 2012Webpage
Commission submissions: Mt Isa
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. -
14 December 2012Book page
HREOC Report No. 19
9.1 Whether there was an act or practice that arose in the course of employment or occupation 9.2 Whether there was a distinction, exclusion, or preference on the basis of criminal record 9.3 Whether the distinction nullified or impaired equality of opportunity in employment or occupation 9.4 Whether the distinction, exclusion or preference was based on the inherent requirements of the job -
Legal
14 December 2012Webpage
Commission submissions: B
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; -
Legal
14 December 2012Webpage
Freedom of Information
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. -
Legal
14 December 2012Webpage
Commission submissions:the Queen
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…