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Legal
14 December 2012WebpageFederal 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. -
15 July 2014Book page
Chapter 1: How far have we come? Looking back on 20 years of the Social Justice Commissioner role
1.1 Introduction This year marks 20 years since the establishment of the Aboriginal and Torres Strait Islander Social Justice Commissioner (Social Justice Commissioner) role under the Australian Human Rights Commission Act 1986 (Cth). When I first started in this position I was asked if any of the previous Commissioners had left any words or notes of advice. I answered them ‘no, but they all… -
Legal
14 December 2012Webpage
COAG Review of Counter-Terrorism Legislation
Division 104 of Part 5.3 of the Criminal Code Act 1995 (Cth) provides for the making of control orders. A control order is an order issued by a court (either the Federal Court, Family Court or Federal Magistrates Court), at the request of a member of the Australian Federal Police (AFP), to allow obligations, prohibitions and restrictions to be imposed on a person, for the purpose of protecting… -
Legal
14 December 2012Webpage
Commission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need… -
Legal
14 December 2012Webpage
Independent review of the Environment Protection and Biodiversity Conservation Act 1999 (2009)
The Australian Human Rights Commission (the Commission) makes this submission to Mr Allan Hawke in response to the Independent review of the Environment Protection and Biodiversity Conservation Act 1999. -
14 December 2012Book page
Bringing them Home - Chapter 21
Indigenous children throughout Australia remain very significantly over-represented `in care' and in contact with welfare authorities. Their over-representation increases as the intervention becomes more coercive, with the greatest over-representation being in out-of-home care. Indigenous children appear to be particularly over-represented in long-term foster care arrangements. A high percentage… -
Legal
14 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: -
Legal
14 December 2012Webpage
Australasian Railways Association application for temporary exemption under the Disability Discrimination Act: Recommendations (Consultation Draft)
These draft recommendations are being circulated for comment before final recommendations are put to the Human Rights and Equal Opportunity Commission. In view of the amount of discussion which has already occurred on this application a period of four weeks for comments is being provided. -
Legal
6 April 2018Submission
Migration Amendment (Clarification of Jurisdiction) Bill 2018
Downloads Introduction The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Legislation Committee in its Inquiry into the Migration Amendment (Clarification of Jurisdiction) Bill 2018 (Cth) (Bill) introduced by the Australian Government. Summary This Bill proposes to amend Part 8 of the Migration Act 1958 (Cth) (Migration Act) which… -
Children's Rights
29 January 2015PublicationThe Forgotten Children: National Inquiry into Children in Immigration Detention (2014)
Foreword Australia currently holds about 800 children in mandatory closed immigration detention for indefinite periods, with no pathway to protection or settlement. This includes 186 children detained on Nauru. Children and their families have been held on the mainland and on Christmas Island for, on average, one year and two months. Over 167 babies have been born in detention within the… -
Legal
14 December 2012Webpage
Inquiry into Australia’s Human Rights Dialogues with China and Vietnam (2011)
The Australian Human Rights Commission appreciates the opportunity to provide a submission to the Inquiry into Australia’s Human Rights Dialogues with China and Vietnam. The Commission does not propose responding to all of the terms of reference. Because the Commission’s direct involvement in the Dialogue process is quite limited, it is not in a position to provide highly insightful… -
Legal
14 December 2012Webpage
Commission submissions: Clarke
The Commission has an interest and expertise in relation to the interpretation of the RDA, the application of the International Convention of the Elimination of all forms of Racial Discrimination (CERD),[1] and racial discrimination issues generally, as set out in paragraphs 14 and 15 of the affidavit of Ms Branson dated 18 July 2011. -
5 February 2015Book page
12 Children in detention on Nauru
12.1 Accommodation 12.2 Facilities 12.3 Provision of clothing and footwear 12.4 Recreation and play 12.5 Education 12.6 Security measures 12.7 Policy guiding the transfer of children to Nauru 12.8 Impact of detention on children 12.9 Transfer of unaccompanied children 12.10 Child protection and allegations of abuse 12.11 Health services 12.12 Republic of Nauru Hospital 12.13 Mental health… -
14 December 2012Book page
3. Setting the Scene - Children in Immigration Detention
I want to tell you that actually I spent about fifteen nights in the ride to Australia. I was in a small boat if you want to call that a boat, because it was smaller than that, with lots of difficulties. When I saw [we were] getting near Australia I was becoming a little bit hopeful. When we passed Darwin I got to the detention centre as soon as I looked at these barbed wires my mind was full of… -
Legal
14 December 2012Webpage
Submission on the Inquiry into pay equity and associated issues related to increasing female participation in the workforce (2008)
The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the House of Representatives Standing Committee on Employment and Workplace Relations in its Inquiry into pay equity and associated issues related to increasing female participation in the workforce (‘the Inquiry’). -
Legal
14 December 2012Webpage
International Covenant on Civil and Political Rights – List of issues prior to reporting
This submission is made by the Australian Human Rights Commission, Australia’s national human rights institution. It outlines a number of issues that the Commission suggests should be considered by the Human Rights Committee as it develops a List of Issues Prior to Reporting ahead of Australia’s preparation of its sixth periodic report regarding the implementation of the International… -
Legal
14 December 2012Webpage
Information concerning Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (2010)
Recommendation 2: That the proposed Joint Parliamentary Committee on Human Rights be empowered to make recommendations in relation to the implementation of ICERD Committee Concluding Observations. -
14 December 2012Book page
2010 Immigration detention on Christmas Island
This report contains a summary of observations made by the Australian Human Rights Commission (the Commission) during its 2010 visit to the immigration detention facilities on Christmas Island. -
22 February 2024Webpage
Free + Equal Human Rights Conference
Hear from Australia's leading human rights advocates about how a Human Rights Act will put all our rights in one place and create a common tool for justice for people in Australia. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
We commend HREOC for instituting this Inquiry and thank them for giving us the opportunity to make input on an issue which is of grave concern to the Co-operative which, for 23 years has been advocating for the rights and needs of immigrant children and their families in a diverse multicultural society.