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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 …

3.1 Introduction In chapters 1 and 2, I look back over the past 20 years that the Social Justice Commissioner position has been in place and think about the journey and our learning over this time. In this chapter, I want to explore how those lessons can take us forward to chart a confident course into the future and how the realisation of our rights can produce long term sustainable…

“In Australia, if you have a pet, you take your pet out at least once a week. I haven’t had an excursion in the two years I’ve been in detention ... I don’t even know what Australians look like.”

This chapter considers some of the Commonwealth’s practices regarding the use of wrist x-ray analysis as a means of assessing chronological age for the purposes of criminal prosecution. It highlights situations where the reliance on wrist x-rays as evidence of age was contrary to stated Australian Government policy; or where it contributed to individuals who were in fact children, or who…

Pursuant to s 31(b)(ii) of the Australian Human Rights Commission Act 1986 (Cth), I attach my report of an inquiry into the complaint made by Mr Norman Campbell of discrimination in employment on the basis of criminal record by Black & White Cabs Pty Ltd and Mr John Tighe.

As discussed in Chapter 1, Australia’s international human rights obligations require that individuals who say that they are children be given the benefit of the doubt and treated as minors unless there is proof to the contrary. In the case of unaccompanied children, this should lead to consideration by the State of what steps need to be taken to ensure their special protection and care.

Since 2001, the primary method of assessing whether an individual is under the age of 18 years in the context of criminal proceedings in Australia has been through the analysis of an x-ray of the young person’s wrist. As this Inquiry is considering the treatment of young Indonesian males suspected of people smuggling who say that they are children, it is important to consider the…

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground...