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Division 104 of Part 5.3 of the Criminal Code Act 1995 (Cth) provides for the making of control orders. A control order is an order issued by a court (either the Federal Court, Family Court or Federal Magistrates Court), at the request of a member of the Australian Federal Police (AFP), to allow obligations, prohibitions and restrictions to be imposed on a person, for the purpose of protecting…

This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission (HREOC) of Australia. It addresses the following issues:

These draft recommendations are being circulated for comment before final recommendations are put to the Human Rights and Equal Opportunity Commission. In view of the amount of discussion which has already occurred on this application a period of four weeks for comments is being provided.

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…

Back to Table of Contents Appendix 1 – Recommendations Appendix 1: Recommendations Recommendation 1: Australia should promote and protect all human rights in the international human rights treaties to which Australia is a party and the international human rights declarations Australia supports. Recommendation 2: The Australian Parliament should enact a national Human Rights Act…

Recommendation 1: The Bill should be amended to include additional sub-clauses (in s105.4(4) and (6)), which require the issuing authority to be satisfied that the purpose for which the order is made cannot be achieved by a less restrictive means.

Subject of application: That the applicant be authorised to institute a procedure for assessing the needs of students with disabilities at schools for which the applicant is responsible and, in the event of failure of that procedure in any individual case, to apply to the Commission for a specific exemption.

At the hearing held 23 February 2005, the Commission took a number of questions on notice from Senator Ludwig. I am advised that the answers to the Honourable Senator's questions are as set out below.

[1] For further discussion see John von Doussa QC, ‘In defence of human rights’, Address to the UNSW Law Society’s Speakers Forum, 24 August 2006; Commissioner Graeme Innes ‘The Human Rights and Equal Opportunity Commission and the Protection of Human Rights at a federal level’, Address to the ANU Bill of Rights Conference. Both speeches are available at http://www…

The Australian Human Rights Commission (the Commission) is Australia’s national human rights institution, established by the Australian Human Rights Commission Act 1986 (Cth).

The Human Rights and Equal Opportunity Commission (HREOC) thanks the Human Rights Consultation Committee (the Committee) for the opportunity to make this submission.