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Legal
14 December 2012WebpageInformation about the Amicus Curiae role
The Commissioners of the Human Rights and Equal Opportunity Commission have the function of assisting the Federal Court or Federal Magistrates Service as amicus curiae in discrimination matters. An amicus curiae is a "friend to the court" who assists the court on points of law in a particular case. Amicus are generally not parties to the proceedings, do not file pleadings or lead… -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 4 - The Sex Discrimination Act
The definitions of discrimination include both direct and indirect discrimination, with the exception of the definition of discrimination on the ground of family responsibilities, which is limited to direct discrimination. -
14 December 2012Book page
Social Justice Report 2003: Chapter 5: Addressing family violence in Indigenous communities
back to contents Chapter 5: Addressing family violence in Indigenous communities There is no issue currently causing more destruction to the fabric of Indigenous communities than family violence. This has been acknowledged by all levels of government in recent years, with a number of significant inquiries and initiatives undertaken or commenced at the federal, state and territory level to address… -
14 December 2012Book page
Social Justice Report 2003: Executive Summary
The Social Justice Report 2003 is the fifth report by Aboriginal and Torres Strait Islander Social Justice Commissioner, Dr William Jonas. It was tabled in federal Parliament, along with the Native Title Report 2003, in March 2004. -
Sex Discrimination
14 December 2012SpeechSpeeches on Sex Discrimination Issues
Access Speeches on Sex Discrimination Issues Sex Discrimination by the Commission’s Commissioners from between the years 1996 to 2012. -
Commission – General
14 December 2012WebpageSenate File Listing 1 January 2011 to 30 June 2011
FileId: 2006/341-4 Create Date 09-May-2011 Name: GENERAL COMPLAINTS Title: COMPLAINT HANDLING - NATIVE TITLE INVESTIGATION … -
14 December 2012Book page
16. Temporary Protection Visas for Children Released from Immigration Detention
The immigration status that results in the detention of children under Australian law also affects their entitlements to various services on release from detention, after they have been recognised as refugees. As discussed in Chapter 6 on Australia's Detention Policy, most children detained in immigration detention facilities for long periods are detained because they arrive in Australia without… -
Legal
14 December 2012Webpage
Commission submission - Markham
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… -
14 December 2012Book page
A Time to Value - Part A
In August 2001, the Human Rights and Equal Opportunity Commission (HREOC) began a comprehensive examination of the need or otherwise for a national paid maternity leave scheme in Australia. -
14 December 2012Book page
Sexual Harassment (A Code in Practice) - What is sexual harassment?
Sexual harassment is unwelcome sexual conduct which makes a person feel offended, humiliated and/or intimidated where that reaction is reasonable in the circumstances. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This Office issued a formal report on Immigration Detention Centres in March 2001 which contained a number of recommendations to DIMIA for improvements in arrangements for children. The investigation was conducted following complaints and a number of reported incidents including escapes and allegations of assault on detainees. It revealed evidence at every immigration detention facility of self… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The National Program on Refugees and Displaced People operates under the Christian World Service Commission of the National Council of Churches in Australia, which has been assisting refugees to resettle in Australia since 1948. -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 7 - Damages and Remedies
(4) If the court concerned is satisfied that there has been unlawful discrimination by any respondent, the court may make such orders (including a declaration of right) as it thinks fit, including any of the following orders or any order to a similar effect: -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. I am registered as a teacher in South Australia [number removed] and hold a Batchelor of Education specialising in Junior Primary/Primary education. These are my understandings and opinions based on my observations and experiences in Woomera IRPC. -
14 December 2012Book page
Native Title Report 2003 : Chapter 2 : Native Title Policy - State and Commonwealth profiles
Human rights principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given legal recognition and protection. International legal principles also recognise that Indigenous peoples have economic, social and cultural human rights. Native title, as it is constructed through the Australian legal system, has a limited capacity to meet these human… -
Legal
14 December 2012Webpage
Commission submission - Martizi
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). -
14 December 2012Book page
3 The Commonwealth’s understanding of the usefulness of biomedical markers for age assessment purposes
This chapter considers the Commonwealth’s approach to the use of biomedical markers to assess age since wrist x-rays became a prescribed procedure for the purpose of age determination following the enactment of the Crimes Amendment (Age Determination) Bill 2001 (Cth). It also considers what each relevant Commonwealth agency knew, or should have known, about the value of specific age… -
14 December 2012Book page
Social Justice Report 2003: Chapter 1: Introduction
This is my fifth Social Justice Report as Aboriginal and Torres Strait Islander Social Justice Commissioner. In the course of this report I look back at developments over the past five years to ascertain the extent to which we are moving towards achieving long term, sustainable improvements in the situation of Aborigines and Torres Strait Islanders and the extent to which government policy making… -
Legal
14 December 2012Webpage
DIMA: temporary exemption
By this instrument the Human Rights and Equal Opportunity Commission (“the Commission”) grants to the Department of Immigration and Multicultural and Indigenous Affairs (“DIMIA”) its contractors and agents, a temporary exemption (“the exemption”) pursuant to section 44(2) of the Sex Discrimination Act (Cth) 1984 (“the Act”), in relation to the… -
Legal
14 December 2012Webpage
Commission submission - s134
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…