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14 December 2012Book page
Native Title Report 2003 : Chapter 1
Australia is a wealthy nation. In 2003, Australia ranked fourth in the United Nations Human Development Index (1) indicating Australians enjoyed one of the highest qualities of life in the world. Overall, Australia ranks equal fourth with the highest life expectancy at birth (79.0 years) suggesting Australians are among the healthiest people in the world. (2) -
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
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 13
Superannuation is one of the main ways of saving for retirement. It is designed to provide financial security for individuals and their families in retirement; or when a person dies unexpectedly. -
14 December 2012Book page
17. Major Findings and Recommendations of the Inquiry
In addition to the detailed findings in each of Chapters 5-16, the Inquiry has made the following major findings in relation to Australia's mandatory immigration detention system as it applied to children who arrived in Australia without a visa (unauthorised arrivals) over the period 1999-2002. -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The deceased was in the psychiatric unit at Long Bay Prison. He approached a nurse on 25 July 1989 at 2.30pm and stated he was feeling ill. She gave him advice as to the illness and provided him with medication. He later approached another nurse and said he wanted to return to his cell. The nurse checked with a prison officer and he was taken to his cell at about 3.30pm. At 4.10pm he was… -
Legal
14 December 2012WebpageFederal 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’)… -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
COMMISSIONER OZDOWSKI: We would like formally to open this Public Hearing in Melbourne on 31 May. My name is Sev Ozdowski and I am the Human Rights Commissioner. I am assisted by two Assistant Commissioners - to my right is Dr Trang Thomas who is also Professor of Psychology at Royal Melbourne Institute of Technology and to my left is Mrs Robin Sullivan, who is the Queensland Children's… -
14 December 2012Book page
DIAC response to 2008 Immigration detention report - Summary of Observations following the Inspection of Mainland Immigration Detention Report
The Department of Immigration and Citizenship (DIAC) welcomes the release of the 2008 Immigration Detention Report by the Australian Human Rights Commission (AHRC) and acknowledges the important independent scrutiny of the immigration system provided by the AHRC. -
Legal
14 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. -
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
Chapter 2: Constitutional reform: Creating a nation for all of us - Social Justice Report 2010
A century ago, the Australian people engaged in a debate about creating a nation. They held meetings...They wrote articles and letters in newspapers. Many views were canvassed and voices were heard. The separate colonies, having divided up the land between them, discussed ways of sharing powers in order to achieve a vision of a united Australia. The result was the Australian Constitution,… -
Legal
14 December 2012Webpage
Commission submissions: Mulrunji
The Human Rights and Equal Opportunity Commission ('the Commission') makes these submissions in relation to the comments that may be made by the Coroner in this matter. -
14 December 2012Book page
HREOC Report No. 29
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 complaints made by Ms Susan Campbell that the human rights of her daughter were breached by the Commonwealth of Australia. I have found that acts or practices of the Commonwealth were inconsistent with or contrary to the human rights of Ms Campbell’s… -
Commission – General
28 February 2017WebpageSenate file listing: 1 Jul 2016 – 31 Dec 2016
See previous SENATE FILE LIST FOR AUSTRALIAN HUMAN RIGHTS COMMISSION 1 JULY 2016 – 31 DECEMBER 2016 FileId: 2015/256-2 Create Date 22-Aug-2016 Name: WILLING TO WORK INQUIRY CONSULTATIONS Title: HUMAN RIGHTS COMPLIANCE - MAJOR PROJECTS PUBLIC INQUIRIES FileId: 2015/256-3 Create Date 26-Aug-2016 Name: WILLING TO WORK INQUIRY CONSULTATIONS Title: HUMAN RIGHTS COMPLIANCE - MAJOR PROJECTS PUBLIC … -
14 December 2012Book page
Bringing them Home - Chapter 11
Actually what you see in a lot of us is the shell, and I believe as an Aboriginal person that everything is inside of me to heal me if I know how to use it, if I know how to maintain it, if I know how to bring out and use it. But sometimes the past is just too hard to look at. Confidential evidence 284, South Australia. -
Legal
14 December 2012Webpage
Native title payments discussion paper – Optimising Benefits from Native Title Agreements
The Aboriginal and Torres Strait Islander Social Justice Commissioner has produced 15 Native Title Reports which include analyses and recommendations on the operation of the native title system and its effect on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples.[1] Particularly relevant is the Native Title Report 2003, which provides a detailed comparative analysis of… -
14 December 2012Book page
Native Title Report 2011: Chapter 4: Options for addressing lateral violence in native title
This Chapter considers options for addressing lateral violence in environments that concern our lands, territories and resources. Although this is the beginning of the conversation, the Chapter aims to give Aboriginal and Torres Strait Islander peoples and communities some ideas about how to address lateral violence through the establishment of strong structural foundations and principles. It… -
14 December 2012Book page
Native Title Report 2000: Chapter 1: Nation in dialogue
The application of human rights principles to native title has been the subject of an ongoing dialogue taking place both nationally and internationally in the reporting period. -
14 December 2012Book page
A Report on Visits to Immigration Detention Facilities by the Human Rights Commissioner 2001
1.1 Background to this report 1.2 Compliance with human rights obligations 1.3 Conduct of visits 1.4 Overview of immigration detention facilities 1.5 Response by Department of Immigration and Multicultural and Indigenous Affairs