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Sex Discrimination
9 July 2018Media ReleaseSubmissions to the National Inquiry into sexual harassment in Australian workplaces open today.
The National Inquiry, led by the Australian Sex Discrimination Commissioner Kate Jenkins, is seeking submissions from individuals and organisations across the country about their experiences relating to workplace sexual harassment. “There is enormous international interest in the work we are doing in Australia. This National Inquiry is the first of its kind in the world and will be closely -
Employers18 February 2015Quick Guide
Gender Identity
The Sex Discrimination Act makes it unlawful to discriminate against a person because of their gender identity. There are some limited exemptions. Gender identity discrimination happens when a person is treated less favourably than another person in a similar situation because of that person’s gender-related identity, appearance, mannerisms or other gender-related characteristics of the… -
14 December 2012Book page
HREOC Social Justice Report 2002: International developments in the recognition of the rights of Indigenous peoples
The circumstances of Indigenous peoples were virtually invisible at the United Nations approximately thirty years ago. Very little attention had been devoted to their situation and their claims were by and large unheard in international fora. Since the early 1970s, however, Indigenous peoples have made significant inroads towards the recognition of their rights and acceptance of their legitimate… -
Legal
14 September 2015SubmissionInquiry into the Counter-Terrorism Legislation Amendment Bill (No.1) 2014
Download PDF Table of Contents 1. Introduction 2. The Control Order regime 2.1 Expanding the grounds for a control order 2.2 A less targeted proportionality analysis 2.3 Attorney-General's consent 1 Introduction 1. The Australian Human Rights Commission makes this brief submission to the Parliamentary Joint Committee on Intelligence and Security (Committee) in its Inquiry into the Counter -
Employers19 February 2015Quick Guide
Religion
Discrimination in employment on the basis of religion occurs when someone does not experience equality of opportunity in employment because of their religion. This may include being refused a job, being dismissed from employment, being denied training opportunities or being harassed at work. Discrimination on the basis of religion alone is not unlawful under federal anti-discrimination law … -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
"We reaffirm our commitment to continue our struggle to eliminate all forms of violence and torture against children and to create a world that protects and fulfils the rights of all children." [1] -
Legal
14 December 2012Webpage
Commission submissions: P v P
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's view should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child. -
Legal
14 December 2012Webpage
Native Title Amendment (Reform) Bill 2011
Recommendation 2: The Committee recommend the Australian Government commission an independent inquiry to review the operation of the native title system and explore options for native title law reform, with a view to aligning the system with international human rights standards, including the United Nations Declaration on the Rights of Indigenous Peoples. -
Legal
14 December 2012Webpage
Inquiry into the Native Title Amendment Bill (No 2) 2009 (Cth) (2009)
The Australian Human Rights Commission (the Commission) welcomes the opportunity to make this submission to the Senate Standing Committee on Legal and Constitutional Affairs (the Committee) in its Inquiry into the Native Title Amendment Bill (No 2) 2009 (Cth) (the Bill). -
Legal
14 December 2012Webpage
Submission - Family Violence and Commonwealth Laws: Employment and Superannuation (2011)
The Australian Human Rights Commission makes this submission to the Australian Law Reform Commission in its Inquiry into Family Violence and Commonwealth Laws: Issues Paper - Employment and Superannuation. -
Legal
14 December 2012Webpage
Commission submission - s134
1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the… -
Employers18 February 2015Quick Guide
Physical Requirements
In some circumstances, employers can require employees and potential employees to meet the physical requirements of a job. However, physical requirements can amount to unlawful discrimination in some circumstances. Discrimination could be against the law if it is linked to a protected attribute, such as a person’s race, age, sex or disability, and the requirement is not reasonable. Example:… -
Employers13 February 2015Quick Guide
Carers
Caring responsibilities can include caring for young children, for children or adults with disabilities, mental illness, chronic illness, or for older people. Many employees will have caring responsibilities at different times in their lives. Employers have an obligation to avoid discrimination against carers in some circumstances. Under the Sex Discrimination Act, it is against the law for … -
14 December 2012Book page
AusHRC 46: Yousefi family v Commonwealth of Australia
I have completed my report of an inquiry into the complaint made pursuant to section 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Parvis Yousefi, Mrs Mehrnoosh Yousefi and Manoochehr Yousefi. -
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. -
Legal
14 December 2012Webpage
Intervention: Annotated Submissions on Behlaf of the Australian Human Rights Commission (Intervening)
The Commission has an interest and expertise in relation to the rights of transgender persons generally, and transsexuals more particularly, as set out in paragraphs 7 and 12 of the affidavit of Catherine Branson filed on 27 April 2011. Accordingly it will be able to assist the Court by way of these written submissions and, if appropriate, by way of oral submissions. -
Rights and Freedoms
1 May 2013WebpageFreedom of information, opinion and expression
The ICCPR safeguards freedom of expression and opinion, vital for democratic societies. Find out how legal restrictions apply. -
Employers18 February 2015Quick Guide
Pregnancy
It is against the law to discriminate against a woman because she is pregnant or might become pregnant. Pregnancy discrimination happens when a woman is treated less favourably than another person because she is pregnant or because she may become pregnant. It is also discrimination when there is an unreasonable requirement or practice that is the same for everyone but has an unfair effect on… -
Rights and Freedoms
4 September 2015Speech
Austin Asche Oration in Law and Governance
Austin Asche Oration in Law and Governance Thursday 3 September 2015 I am honoured to have been invited to speak tonight at this, the 5 th Austin Asche Oration in Law and Governance. As I had not met or known the Hon. Austin Asche. As any researcher would do, I ‘googled’ him to learn about his distinguished legal career. He was appointed Chief Justice of the Northern Territory in 1987 and… -
14 December 2012Book page
A last resort? - Summary Guide: Education
In Port Hedland there is a school outside ... I used to stand on a chair and look out at them. I like to see what they looked like in their school uniform. There was an officer … and she pulled my shoulder down and put me on the ground and said, ‘You are not allowed to look at those people because they are different to you.’ And I was like ‘Why are they different to me?…