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14 December 2012Book page
Native Title Report 2005 : Chapter 3 : The economic logic of the NIC Principles and economic development on Indigenous lands
As my predecessor pointed out in the Native Title Report 2003, native title is a political process as well as a legal process. Indigenous people enter a relationship with the State on the basis of their identity as the traditional owner group of an area of land. In some cases native title has provided the first opportunity since colonisation for a relationship of this type to be formed. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 9
Social security is an income support system that acts as a safety-net for people who, for some reason, are unable to financially support themselves. Entitlements to social security are largely governed by the Social Security Act 1991 (Cth) (Social Security Act) and the A New Tax System (Family Assistance) Act 1999 (Cth) (Family Assistance Act). The payments are usually administered by Centrelink. -
14 December 2012Book page
7 Some further aspects of the treatment of the young Indonesians
As discussed in Chapter 1, Australia’s international human rights obligations require that individuals who say that they are children be given the benefit of the doubt and treated as minors unless there is proof to the contrary. In the case of unaccompanied children, this should lead to consideration by the State of what steps need to be taken to ensure their special protection and care. -
Sex Discrimination14 December 2012Publication
Report: Visit of the UN Special Rapporteur on violence against women
In April 2012, the current UN Special Rapporteur on violence against women, including its causes and consequences, Ms Rashida Manjoo, accepted an invitation to conduct a study tour to Australia. This was the first visit to Australia ever undertaken by the UN Special Rapporteur on violence against women -
29 January 2013Book page
1. ADFA: Description of Current Culture
The Terms of Reference required the Review to make recommendations on initiatives to drive cultural change at ADFA regarding the treatment of women. To properly identify these initiatives, the Review needed to assess the culture as it currently exists. Part of this process involved examining the notion of military culture generally and, more specifically, the culture for women at ADFA. The… -
29 January 2013Book page
1. ADFA: Description of Current Culture
The Terms of Reference required the Review to make recommendations on initiatives to drive cultural change at ADFA regarding the treatment of women. To properly identify these initiatives, the Review needed to assess the culture as it currently exists. Part of this process involved examining the notion of military culture generally and, more specifically, the culture for women at ADFA. The… -
14 December 2012Book page
Native Title Report 2002: Recognition of native title
Native title is an intersection of two different legal systems and cultures. The way in which Australia chooses to give recognition to the relationship that Indigenous people have with their land, and the range of options it considers to express that relationship, are matters that affect the human rights of Indigenous people. -
14 December 2012Book page
Chapter 4 - Introduction: Social Justice Report 2009
Homelands still belong to the people, we want to build homes on our land and live there. When we come to the homeland we come back to the peace and quiet. ... It is a much better environment on the homelands, better things for the children.[1] -
14 December 2012Book page
A Last Resort? - Summary Guide (2004)
Quick and concise summary guide for the "Last Resort" report, highlighting main points. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 6
Employment is fundamental to the lives of Australian families. For many individuals, work is their major activity outside the home, and ensures their family’s financial security. -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 5 The Disability Discrimination Act
The DDA covers discrimination on the ground of disability, including discrimination because of the use of a therapeutic device or aid, accompaniment by a carer or assistant or accompaniment by an assistance animal. -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 8 - Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the Federal Magistrates Court (‘FMC’) and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) (‘the Federal Court Act’) and the Federal Magistrates Act 1999 (Cth) (‘the Federal Magistrates Act’)… -
Disability Rights14 December 2012Webpage
Disability Discrimination Bill 1992: Explanatory memorandum
Part 1: Preliminary Clause 1 - Short Title Clause 2 - Commencement Clause 3- Objects Clause 4 -Interpretation Clause 5 - Disability discrimination Clause 6 - Indirect disability discrimination Clause 7 - Disability discrimination palliative and therapeutic devices and auxiliary aids Clause 8 - Disability discrimination interpreters. readers and assistants Clause 9 - Disability discrimination -… -
Legal14 December 2012Webpage
HREOC submission to Inquiry into Immigration Detention in Australia
Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act. -
Legal14 December 2012Webpage
Inquest into the deaths of David Gurralpa and Robert Plasto-Lehner (2009)
Part 2.2: The obligations imposed by the right to life (article 6 of the ICCPR), including that by arresting and detaining individuals police take responsibility to care for their life. -
Legal14 December 2012Webpage
Inquiry into the Welfare Reform and Reinstatement of Racial Discrimination Act Bill 2009 and other Bills
There is intense hurt and anger at being isolated on the basis of race and subjected to collective measures that would never be applied to other Australians. The Intervention was received with a sense of betrayal and disbelief. Resistance to its imposition undercut the potential effectiveness of its substantive measures. -
14 December 2012Book page
2 Biomedical markers and the assessment of chronological age
Since 2001, the primary method of assessing whether an individual is under the age of 18 years in the context of criminal proceedings in Australia has been through the analysis of an x-ray of the young person’s wrist. As this Inquiry is considering the treatment of young Indonesian males suspected of people smuggling who say that they are children, it is important to consider the… -
14 December 2012Book page
HREOC Report No. 36
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint against the Commonwealth of Australia. I have found that the respondent failed to provide the complainant with a safe place of detention whilst she was detained at the Curtin Immigration Reception and Processing Centre and that such failure… -
14 December 2012Book page
Native Title Report 2011: Chapter 1: Reviewing key developments in the Reporting Period
In this Chapter I review key developments within the native title system that occurred throughout the Reporting Period (1 July 2010 to 30 June 2011) and consider the impact of these events on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples’ human rights. -
22 November 2023Webpage
The Universal Declaration of Human Rights: 75 Years On
A video series commemorating the 75th anniversary of the Universal Declaration of Human Rights that hears from a diverse group of Australians about what human rights means to them and where the nation still needs to improve. Disability rights, Indigenous, children's, women's, LGBTQIA+ rights, and the rights of refugees and asylum seekers are all featured.
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