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Rights and Freedoms
26 September 2016SpeechHuman rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS GILLIAN TRIGGS [*] (Annual Tony Blackshield Lecture delivered at Macquarie Law School, Macquarie University, 5 November 2015) I It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of… -
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… -
14 December 2012Book page
Bringing them Home - Chapter 7
Following the founding of the Swan River Colony in 1829 relations between the British settlers and local Indigenous peoples in Western Australia became characterised by conflict. As a result of fierce fighting, -
14 December 2012Book page
Native Title Report 2004 : Introduction
This, my first report under s209 of the Native Title Act 1993 (Cth) (NTA), is part of a larger project that commenced prior to my appointment as Aboriginal and Torres Strait Islander Social Justice Commissioner in July 2004. The project aims to investigate how native title can be utilised to improve the economic and social conditions of Indigenous peoples' lives. -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
One of the deaths in this section has now been acknowledged by the South Australian Government in its 1994/95 implementation report as a death in custody (A2SA). The prisoner in the case was 'released' from custody on his deathbed. -
Commission – General
14 December 2012SpeechSociety of University Lawyers
When I was invited to give this address, my first thought was to talk about unlawful discrimination in the context of higher education and, in particular, disability discrimination. -
Legal
14 December 2012WebpageNational Security Legislation Amendment 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 National Security Legislation Amendment Bill 2005 (‘the Bill’). The Commission welcomes the opportunity to make this submission and thanks the Committee for its invitation. -
Legal
14 December 2012Webpage
Questions on Notice 13 May 2003
I refer to the Questions on Notice taken by the Human Rights and Equal Opportunity Commission ("HREOC") during its evidence before the Senate Legal and Constitutional Legislation Committee's Reference on the Australian Human Rights Commission Legislation Bill 2003 ("AHRC Bill") on 29 April 2003 and provide the responses below. -
Disability Rights
14 December 2012SpeechMason: Experience with the representative complaints procedure to date
This Representative Complaints workshop aims to develop a document on representative complaints to be used by the DDA Legal Advocacy Services, other legal services and other representatives and advocates in making representative complaints and to assist them in if the representative complaints procedure is appropriate in any particular case. -
Education14 December 2012Webpage
Bringing them home - Community Guide - 2007 update
A community guide to the findings and recommendations of the National Inquiry into the separation of Aboriginal and Torres Strait Islander Children From Their Families -
24 April 2015Book page
Annex 2: Implementation status of first cycle UPR recommendations
No Country Recommendation Response Implementation 1 Republic of Moldova Ratify the OPCAT Accepted Not implemented 2 Azerbaijan Speed up process of ratification of OPCAT Accepted Not implemented 3 Maldives Ratify OPCAT and designate a National Preventive Mechanism Accepted Not implemented 4 New Zealand High priority ratification of the OPCAT and establish a National Preventative Mechanism… -
11 February 2014Book page
3 Police, courts and corrections – the issues
3.1 General findings In our consultations the Commission received information from people with disabilities and their advocates, support services in the community and in government and people in the police, courts and the custody and release system. The Commission also received many submissions and held a number of meetings with community members and public officials who work in or with the … -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Council of Social Service of NSW (NCOSS) is an independent non-government organisation and is the peak body for the social and community services sector in NSW. NCOSS works with its members on behalf of disadvantaged people and communities towards achieving social justice in New South Wales. It was established in 1935 and is part of a national network of Councils of Social Service which… -
14 December 2012Book page
Preventing Crime and Promoting Rights for Indigenous Young People with Cognitive Disabilities and Mental Health Issues Part 3
The literature review pulls together some of the main concepts and findings about Indigenous young people with cognitive disabilities and/ or mental health issues from involvement with the juvenile justice system. However, we are also interested in finding out what is actually happening on the ground for these young people. -
14 December 2012Book page
Native Title Report 2001: Chapter Two: Resourcing Equality
The recognition and protection of native title and the participation of Indigenous people in decisions affecting their land are critical priorities within a human rights framework. -
14 December 2012Book page
WORKability 2: chapter 5
WORKability I: Barriers noted that one of the main impediments to the employment of people with disability lies in employer concerns about increased exposure to legal and financial risks related to occupational health and safety, disability discrimination and unfair dismissal laws. [1] -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Although it is not possible to precisely specify all the circumstance that lead people to arrive in Australia through people smuggling routes, there can be no doubt that they undertake perilous journeys which put their lives and that of accompanying family members at risk. Given the very high rates of approval for those who have sought asylum in Australia through these routes, it is reasonable to… -
14 December 2012Book page
Native Title Report 2007: Chapter 12
Securing sustainable and just economic outcomes for Aboriginal traditional owners and residential communities in the remote regions of the Northern Territory has been an elusive goal for national and Territory governments, various public agencies and community groups for many years. The increasing value and intact environmental nature of much of the Indigenous estate across the North of Australia… -
14 December 2012Book page
Indigenous Deaths in Custody: Chapter 6 Police Practices
Explore a report prepared for the Aboriginal and Torres Strait Islander Commission in relation to Indigenous deaths in custody and police practices. -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 7: Damages and Remedies
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: