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1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the…

1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need…

1.1 On 5 March 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth).

The Human Rights and Equal Opportunity Commission ( Commission') was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, His Honour Justice Carr directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to…

The Human Rights and Equal Opportunity Commission ("the Commission") was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, Carr J. directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to…

1. The Human Rights and Equal Opportunity Commission ("the Commission") was granted leave by his Honour Justice Marshall on 5 June 2001 to intervene in these proceedings pursuant to s 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the "HREOC Act").

1. These submissions are filed pursuant to the directions given by the Full Court and conveyed to the Human Rights and Equal Opportunity Commission ("the Commission") in a facsimile from the Associate to the Honourable Justice Gray dated 17 December 2001. They are directed only to the issues raised in the respondent's submissions of 23 November 2001 (including the respondent's…

1. The Human Rights and Equal Opportunity Commission ('the Commission') by Notices of Motion dated 1 September 2001, will seek leave to intervene pursuant to section 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('the Act')

1. On 1 September 2001, the Human Rights and Equal Opportunity Commission ("the Commission") was granted leave to intervene in both proceedings. For the reasons outlined in paragraphs 8 and 10 of the judgment of His Honour Justice North, the Commission has become a party.

The Human Rights and Equal Opportunity Commission ("the Commission") was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 28 February 1995, His Honour Justice O'Loughlin directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to…

1. The Human Rights and Equal Opportunity Commission ("the Commission") seeks to make submissions to the Tribunal pursuant to paragraphs 11(1)(g), (o) and (p) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act").

1. The Human Rights and Equal Opportunity Commission ("HREOC") seeks the leave of the Australian Industrial Relations Commission ("the Commission") under s.43 of the Workplace Relations Act ("the WR Act") to intervene at the hearing of this appeal pursuant to s.48(1)(gb) of the Sex Discrimination Act 1986 (Cth) ("the SD Act") and 11(1)(o) of the Human…

Violence, harassment and bullying can violate our human rights. Find out how to deal with bullying and where to get help.

The Australian Government is to be commended for its frank and robust engagement in the UPR process to date, both in the formal working group session and in engaging with the Australian Human Rights Commission (AHRC), NGOs and civil society throughout the process.

Jess is an Aboriginal woman who lives in a country area of NSW. Jess came to the city for a holiday and to visit her cousins who she had not seen for quite a while. On her last night in the city, Jess and her cousins decided to go to a restaurant which they had been told had great food and a great view. Jess said that when they arrived at the restaurant the head waiter told them they could not go…

Under the Racial Discrimination Act 1975 it is unlawful to do any act involving a distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on equal footing, of any human right or fundamental freedom in the political, economic, social, cultural or…

These submissions are filed on behalf of the Acting Disability Discrimination Commissioner ('the Commissioner') in the event that leave is granted by the Court for the Commissioner to appear as amicus curiae in these proceedings pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('HREOC Act'). Such leave was sought by the Commissioner by way of Notice of…

1. The present application does not specify the sections of the Disability Discrimination Act 1992 (Cth) (‘the DDA’) relied upon in making out the claim of unlawful discrimination. The Acting Disability Discrimination Commissioner (‘the Commissioner’) makes these general submissions on the assumption that the applicant characterises the alleged discrimination as indirect…

The Sex Discrimination Commissioner was granted leave on 2 May 2006 to appear as amicus curiae at the hearing of these proceedings and make submissions on the following matters:

However, if appropriate, and with leave of the Court, the Commissioner reserves the right to make further submissions on legal matters which may arise during the hearing of this matter and after receipt of the respondent’s particularised points of defence. No submissions are to be made in relation to the evidentiary and factual matters that may arise for determination.