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14 December 2012Book page
Appendix 5 The use of statistical evidence
This short paper is concerned, first, to examine the significance in a particular case of statistical evidence; secondly, to examine what it means to prove a fact on ‘the balance of probabilities’; and finally to examine the significance of relying on statistical evidence to establish an accused person’s age in the context of s 236B of the Migration Act 1958 (Cth). -
LGBTIQ+14 December 2012Webpage
Marriage Equality (2012)
The Australian Human Rights Commission considers that the fundamental human rights principle of equality means that civil marriage should be available, without discrimination, to all couples, regardless of sex, sexual orientation or gender identity. The Commonwealth Parliament, and some state parliaments are now considering legislation that would provide all couples with the same access to civil… -
Legal14 December 2012Webpage
Morton v. Queensland Police Service (2010)
The Australian Human Rights Commission (‘the Commission’) has sought leave to appear as amicus curiae in these appeal proceedings. The Commission does not argue for a particular outcome in the appeal, but rather seeks to identify the relevant principles of law for the assistance of the Court. -
14 December 2012Book page
RightsED: Child Rights - Activity sheet: Getting to know the Convention on the Rights of the Child
Note that the Activity sheet: Rights and wants provides an introduction to this activity. Provide students with a copy of the (child friendly version) Convention on the Rights of the Child (available at: http://www.un.org/cyberschoolbus/humanrights/resources/plainchild.asp). Depending on knowledge levels, some discussion or overview may be required. -
14 December 2012Book page
Native Title Report 2000: Chapter 2: Definition and extinguishment of native title by the common law
This year the High Court will decide fundamental issues about the nature of native title and the extent to which it is protected by the common law. In hearing the appeal of the Miriuwung, Gajerrong and Balangarra peoples from the decision of the Full Federal Court in Western Australia v Ward (1) the court will be called upon to arbitrate an old dispute that has never been settled; that between… -
Commission – General14 December 2012Speech
Equality before the law
In the second century AD, Marcus Aurelius, a Roman emperor and Stoic philosopher, thanked one of his brothers for teaching him to value "the conception of the state with one law for all, based upon individual equality and freedom of speech, and of a sovereignty which prizes above all things the liberty of the subject."1 -
14 December 2012Book page
Improved rights protection for people with disability (2009)
The Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 (Cth) has made a range of significant changes to federal discrimination laws. The focus of this paper is on the major changes to the Disability Discrimination Act 1992 (DDA), which commenced for the most part on 5 August 2009. -
Legal14 December 2012Webpage
Australian Citizenship Amendment (Citizenship Testing Bill) 2007
The Minister must, by written determination, approve a test for the purposes of subsection 21(2A) which examines whether the applicant has satisfied the general eligibility requirements set out in sections 21(2)(d), (e) and (f). -
Legal14 December 2012Webpage
Submission to the Law Reform Commission
"Not every disturbance or catastrophe qualifies as a public emergency which threatens the life of the nation, as required by article 4, paragraph 1. The Covenant requires that even during an armed conflict measures derogating from the Covenant are allowed only if and to the extent that the situation constitutes a threat to the life of the nation. If States parties consider invoking article 4… -
Legal14 December 2012Webpage
Federal Discrimination Law 2005: 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;1 accompaniment by a carer or assistant;2 or accompaniment by an assistance animal.3 -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 5
Protecting the best interests of a child is one of the most important principles of international law and the Convention on the Rights of the Child (CRC) in particular. This chapter focuses on whether federal law currently protects the best interests of a child being raised by lesbian or gay parents. -
Legal14 December 2012Webpage
Family Provisions Test Case
In performing its functions, the Commission must take account of the principles embodied in the Family Responsibilities Convention, in particular those relating to: -
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. -
Legal14 December 2012Webpage
GRANT OF TEMPORARY EXEMPTION: MINISTER FOR TRANSPORT S.A. and OTHERS
By this instrument the Human Rights and Equal Opportunity Commission ("the Commission"), pursuant to an application under section 55 of the Disability Discrimination Act 1992 ("the Act") on behalf of the Minister for Transport of the State of South Australia, TransAdelaide and the South Australian Passenger Transport Board ("the applicants") grants an exemption in… -
Disability Rights14 December 2012Speech
The DDA and its impact in the area of Education
Perhaps it's just because I'm getting older, but I increasingly have the feeling that Australia is becoming a more sentimental and nostalgic nation. We have a Prime Minister whose vision for us is to be relaxed and comfortable. And many of us spent last night - after watching the final stages of the Australian cricket juggernaut's comprehensive winning of the ashes for the eighth time in a row -… -
Complaint Information Service14 December 2012Publication
ADR in the context of Anti-Discrimination and Human Rights Law(2000)
The aim of this paper is to examine the use of Alternative Dispute Resolution [3] (ADR) in the context of the administration of complaints under anti-discrimination and human rights law. -
Disability Rights14 December 2012Webpage
World Wide Web Access: Disability Discrimination Act Advisory Notes ver 4.1 (2014)
Access for people with a disability to the web can in almost all cases be readily achieved if best-practice solutions are implemented. A complaint of disability discrimination is much less likely to succeed if reasonable steps have been taken to address accessibility during the design stage. -
Race Discrimination7 February 2017Opinion piece
The AHRC and the Racial Discrimination Act: setting the record straight
Federal racial hatred legislation and the complaints-handling processes of the Australian Human Rights Commission (AHRC) are currently the subjects of an inquiry by the Parliamentary Joint Committee on Human Rights. The Committee’s ‘Freedom of speech in Australia’ inquiry, due to report by 28 February 2017, is giving particular attention to sections 18C and 18D of the Racial Discrimination… -
Disability Rights14 December 2012Speech
Focusing on Futures: Employment and Disability
I follow this custom wherever I go to speak in public. I think recognising Australia 's indigenous peoples and their prior ownership of this land in this way is more than just good manners. It is an important part of recognising our diversity as a nation. -
Legal14 December 2012Webpage
Temporary exemptions under the Sex Discrimination Act 1984 (Cth)
Section 44 of the Sex Discrimination Act 1984 (Cth) (the Sex Discrimination Act) gives the Australian Human Rights Commission (the Commission) the power to grant temporary exemptions from certain provisions of the Sex Discrimination Act. Section 44 of the Sex Discrimination Act provides as follows.
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