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Legal14 December 2012Webpage
Submission: MIGRATION LITIGATION REFORM BILL 2005
The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Litigation Reform Bill 2005 (‘the Bill’). -
14 December 2012Book page
Chapter 2 - Introduction: Social Justice Report 2009
Indigenous imprisonment rates in Australia are unacceptably high. Nationally, Indigenous adults are 13 times more likely to be imprisoned than non-Indigenous people[1] and Indigenous juveniles are 28 times more likely to be placed in juvenile detention than their non-Indigenous counterparts.[2] -
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 2006
This appendix provides an overview of the main events with regard to the administration of Indigenous affairs to 30 June 2006. It commences with a summary table and is followed by a detailed description of each event. -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 6 - Practice and Procedure
The procedure for making complaints of federal unlawful discrimination is set out in Part IIB of the HREOC Act.[1] That procedure can be summarised as follows. -
14 December 2012Book page
Social Justice Report 2007 - Chapter 2: Indigenous communities dealing with family violence and abuse
Family violence and abuse occurs at unacceptable rates in Aboriginal and Torres Strait Islander (Indigenous) communities. We have heard many tragic stories of women, children and young people who have experienced devastating sexual abuse and family violence. It is a scourge that is causing damage and trauma among Indigenous communities, to our women and children, and to the fabric of Indigenous… -
14 December 2012Book page
Native Title Report 2006: Chapter 2: Economic Development Reforms on Indigenous land
In 2006 the Secretary of the Department of Prime Minister and Cabinet made a revealing statement about Indigenous affairs. He argued that his own government’s policy performance in the Indigenous portfolio had been a failure. He went further to say that while well intentioned, the policies and approaches of the past 30 years had contributed to poor outcomes for Indigenous people. -
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… -
14 December 2012Book page
Social Justice Report 2004 : Chapter 2 : Walking with the Women - Addressing the needs of Indigenous women exiting prison
Introduction Pre and post-release programs for Indigenous women exiting prison An overview of Indigenous women in corrections Intersectional discrimination - Addressing the distinct experiences of Indigenous women Post-release programs for Indigenous women exiting prison - common themes from consultations Policy and programs relating to Indigenous women exiting prison Post-release housing… -
Legal14 December 2012Webpage
Northern Territory Emergency Response Review Board
The government has an obligation to take action to address violence and abuse, particularly where there is evidence that is it widespread. Governments that fail to do so are in breach of their obligations under the Convention on the Rights of the Child (CRoC), the International Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the International Convention on… -
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. -
14 December 2012Book page
Social Justice Report 2001: Chapter 4: Laws mandating minimum terms of imprisonment (‘mandatory sentencing’) and Indigenous people
On 13 April 2000, the Senate requested the Human Rights and Equal Opportunity Commission to inquire into all aspects of the agreement between the Northern Territory Government and the Commonwealth regarding the Territorys mandatory sentencing regime; the consistency of mandatory sentencing regimes with Australias international human rights obligations; and Western Australias… -
14 December 2012Book page
Social Justice Report 2007 - Chapter 3: The Northern Territory 'Emergency Response' intervention
On 21 June 2007, the Australian Government announced a ‘national emergency response to protect Aboriginal children in the Northern Territory’ from sexual abuse and family violence.[1] This has become known as the ‘NT intervention’ or the ‘Emergency Response’. The catalyst for the measures was the release of Report of the Northern Territory Board of Inquiry into… -
Legal14 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
Social Justice Report 2004 : Chapter 3 : Implementing new arrangements for the administration of Indigenous affairs
Part 1: What are the new arrangements for the administration of Indigenous affairs? -
14 December 2012Book page
Social Justice Report 2001: Chapter 3: Indigenous governance and community capacity-building
Last years Social Justice Report noted that to date there has been insufficient attention by governments to processes which ensure greater Indigenous participation and control over service design and delivery as part of an overall strategy to redress Indigenous disadvantage and economic marginalisation. I observed that: -
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’)… -
14 December 2012Book page
Social Justice Report 2005: Chapter 3
The first twelve months of the federal government's new arrangements for the administration of Indigenous affairs has ended. The primary focus of this period has been on abolishing the Aboriginal and Torres Strait Islander Commission (ATSIC) and creating new processes to engage with local Indigenous communities and coordinate mainstream delivery of services to Aboriginal and Torres Strait… -
Legal14 December 2012Webpage
Federal Discrimination Law: Chapter 3 - The Race Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination. -
Commission – General14 December 2012Webpage
Media Contacts
We regularly prepare and distribute media releases, opinion pieces, speeches, media kits and fact sheets on the work that the Commission undertakes. Our website also provides extensive research and project information.