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14 December 2012Book page
Report No. 43: Mr NK v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
While we note your findings, in the Department's view Mr NK has been and continues to be detained lawfully in accordance with the Migration Act 1958 (Cth) (Migration Act) and his detention has not been and is not arbitrary. -
14 December 2012Book page
Monitoring and reporting on laws and policy - Annual Report 2009-2010: Australian Human Rights Commission
The Commission assesses compliance with human rights principles by examining and reporting on issues of race, age, sex and disability discrimination and human rights. In doing so, we play a significant role in the monitoring of legislation and policy in Australia. -
Legal
14 December 2012WebpageInquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008)
(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform) -
Legal
14 December 2012Webpage
Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008)
(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform) -
Legal
14 December 2012Webpage
Submission: Commission intervener
1.1 On 8 February 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.92 of the Family Law Act 1975 (Cth) ("Family Law Act"). -
Rights and Freedoms
18 May 2013WebpageThe collective aspect of freedom to manifest religion or belief
Article 18 of the ICCPR explicitly includes the freedom to manifest beliefs ‘in community with others’. As prominent human rights scholar Yoram Dinstein explains: ... freedom of religion, as an individual right, may be nullified unless complemented by a collective human right of the religious group to construct the infrastructure making possible the full enjoyment of that freedom by… -
Legal
14 December 2012Webpage
Expert seminar on Indigenous Peoples - Issue 3: Recognising Aboriginal customary law and developments in community justice mechanisms (2003)
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission (HREOC) of Australia. It provides an overview of recent developments relating to: -
Legal
14 December 2012Webpage
ZP v PS Submission - COMPARATIVE INTERNATIONAL LAW
The English superior courts have taken the view that their inherent parens patriae powers, which include making the child a ward of the court, are invoked where the child has British nationality or is ordinarily resident in the jurisdiction: Nugent -v- Vetzera [1866] L.R. 704, at p.714; McKee -v- McKee [1951] AC 352, at p.360; In re P (An Infant) [1965] 1 Ch 568, at pp. 584, 587, 588 and 590. -
Legal
14 December 2012Webpage
Consolidation of Commonwealth Discrimination law
As indicated by the Attorney General and the Minister for Finance and Deregulation in announcing this process, the review of Commonwealth discrimination law offers important opportunities to ensure that discrimination law contributes as effectively as possible, as well as efficiently, to the objectives of the achievement of equality in Australian society and the removal of discriminatory barriers… -
14 December 2012Book page
Discussion Paper: Living Wills
Introduction Proposed purpose Where should comments be sent What is a 'Living Will'? Reasons for discussing living wills Status of living wills How can a person make a living will? When could a living will be invoked? Can a living will be revoked or changed? How can capacity be determined? Legislative considerations Advocacy implications Limitations of Living Wills Benefits of having a living… -
14 December 2012Book page
Annual Report 2007-2008: Chapter 6 - Aboriginal and Torres Strait Islander Social Justice
The past year has delivered some significant and promising new developments in indigenous affairs. the national apology to the stolen generations and the government’s commitment to the Statement of Intent to Close the Gap in health inequality both demonstrate a growing determination to face the challenges that confront Indigenous australians. i am pleased to say that hreoC has had a part in… -
14 December 2012Book page
AusHRC 45: Mr Al Jenabi v Commonwealth of Australia (Department of Immigration and Citizenship)
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 Al Jenabi. -
Legal
6 February 2014Submission
Judicial review of lawfulness of detention (2013)
The Australian Human Rights Commission provides this response to the questionnaire from the Working Group on Arbitrary Detention in relation to judicial review of the lawfulness of detention. -
14 December 2012Book page
Annual Report 2001-2002: Chapter 4
The 2000 Social Justice Report is the second by Dr Jonas. It tabled in both houses of the federal Parliament on 28 March 2001. The theme of the report is reconciliation and human rights. -
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… -
Rights and Freedoms
14 December 2012Project
Prisoners Rights
Prisoners, just like all other people, are entitled to enjoy their human rights. Prisoners can make complaints to the Commission about human rights breaches and discrimination that occurs in prison. -
Rights and Freedoms
14 December 2012Project
Corporate Social Responsibility
The Australian Human Rights Commission has developed four short fact sheets to help Australian companies meet their responsibility to respect the human rights of those people impacted by their activities. -
Commission – General
23 February 2016WebpageSenate file listing: 1 July 2015 - 31 Dec 2015
FileId: 2009/15-6 Create Date 24-Aug-2015 Name: CLOSE THE GAP CAMPAIGN Title: PUBLIC AWARENESS AND EDUCATION - SJU - MONITORING & REPORTING AGENCY LIAISON FileId: 2011/78-2 Create Date 31-Aug-2015 Name: INFORMATION PUBLICATION SCHEME Title: INFORMATION MANAGEMENT - LEGAL COMPLIANCE FileId: 2011/78-3 Create Date 31-Aug-2015 Name: INFORMATION PUBLICATION SCHEME Title: INFORMATION… -
Legal
14 December 2012Webpage
HREOC submission to Inquiry into Immigration Detention in Australia
Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act. -
Legal
14 December 2012Webpage
Inquiry into Stolen Wages
Only about 10% of people potentially affected took part in the consultation process; it was presented as a once only 'take it or leave it' offer, placing considerable stress on people often living in dire economic circumstances; there was a lack of independent legal advice on the implications of accepting the offer; and there was significant confusion as to the purpose of the consultations...[10]