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28 October 2013Book page
2 Onshore detention and processing
2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained… -
Legal
14 December 2012WebpageProposed Wild Rivers Declarations
‘The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses.’[11] There is a fundamental link between accessing water and living in dignity which means that the human right to water is receiving increased attention and recognition both in Australia and worldwide.[12] The right to water is linked… -
14 December 2012Book page
Native Title Report 2007: Chapter 9
The federal government on 21 June 2007 announced measures to tackle sexual abuse against Aboriginal children in the Northern Territory. The legislation it passed to implement the measures has significant implications for Aboriginal owned and controlled land. -
Sex Discrimination
28 November 2022Publication
Time for respect: Fifth national survey on sexual harassment in Australian workplaces
For the first time, the survey also asked about workers’ views on the actions taken by their employer’s action to address workplace sexual harassment. -
14 December 2012Book page
HREOC Report No.14
This report to the Attorney-General concerns an inquiry by the Human Rights and Equal Opportunity Commission ("the Commission") into a complaint made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOCA"). The subject of this report is a complaint of age discrimination made by Mr Andrew Hamilton who was employed by the Commonwealth in the… -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 8: Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the FMC and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) and the Federal Magistrates Act 1999 (Cth).1 -
Commission – General
14 December 2012WebpageTaking stock of Australia’s human rights record – Submission by the Australian Human Rights Commission under the Universal Periodic Review process (2010)
This significant new process involves a review of the human rights record of each member of the UN on a periodic basis (at present, every four years). Australia makes its first appearance in January 2011. -
14 December 2012Book page
HREOC Report No. 27
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint made by Ms KJ on behalf of herself and her son MJ. I have found there to have been an act done on behalf of the Commonwealth which was inconsistent with and contrary to the human rights of MJ. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 3
This chapter explains how the provisions of international human rights treaties protect same-sex couples and their children, in the context of accessing financial and work-related entitlements. In particular, this chapter focuses on the right to non-discrimination on the grounds of sexual orientation. It also describes how the breach of that right can interfere with a range of other basic human… -
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: -
4 February 2015Book page
4 An overview of the children in detention
4.1 Nationalities of the children in detention 4.2 Reasons for seeking asylum 4.3 Age of children in detention 4.4 Unaccompanied children 4.5 When did the children arrive in Australia? 4.6 How long are children kept in detention? 4.7 Movement of children across the detention network 4.8 Mental health and wellbeing of children in detention 4.9 Detention is a dangerous place 4.10 Rates of self… -
14 December 2012Book page
Social Justice Report 2007 - Appendix 1
[1] The full text of the Bilateral Agreement is available online at: http://www.dia.wa.gov.au/Publications/Files/Bilateral_Agreement.pdf, accessed 24 January 2008. [2] Andrews, K., (Minister for Employment and Workplace Relations), CDEP 2006-07 To Build On Success, Media Release, 1 July 2006. [3] Bishop, J., (Minister for Education, Science and Training), Early childhood focus for Indigenous… -
14 December 2012Book page
Annual Report 2002-2003: Chapter 2
The Complaint Handling Section (CHS) is responsible for investigating and conciliating complaints lodged under federal anti-discrimination and human rights law. Accordingly, the CHS plays a key role in fulfilling the Commission’s objective of delivering an Australian society in which human rights are protected. -
14 December 2012Book page
Background paper: Immigration detention and visa cancellation under section 501 of the Migration Act (2010)
Under section 501 of the Migration Act 1958 (Cth) (Migration Act), a non-citizen’s visa may be cancelled if they do not satisfy the Minister for Immigration and Citizenship (the Minister) or the Minister’s delegate that they pass the ‘character test’. -
14 December 2012Book page
AusHRC 49: Cherkupalli v Commonwealth of Australia (Department of Immigration & 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 Prashant Cherkupalli. -
Commission – General
3 September 2018Publication
Human Rights & Climate Change (2008)
Climate change will have significant impacts in both Australia and across the globe. Australia is one of the most arid continents in the world. It is vulnerable to risks such as disruptions to water supply; increases in the severity of storms, floods and droughts, coastal erosion due to sea level rise; and to negative human health impacts, for example through an increase in the range and spread… -
Asylum Seekers and Refugees
3 February 2016PublicationThe health and well-being of children in immigration detention
The health and well-being of children in immigration detention Report to the Australian Human Rights Commission Monitoring Visit to Wickham Point Detention Centre, Darwin, NT October 16 th – 18 th 2015 Professor Elizabeth Elliott AM MD MPhil MBBS FRACP FRCPCH FRCP Professor of Paediatrics and Child Health, University of Sydney Consultant Paediatrician, The Sydney Children’s Hospitals Network… -
14 December 2012Book page
Social Justice Report 2003: Appendix one: A statistical overview of Aboriginal and Torres Strait Islander peoples in Australia
This collection of statistics has been chosen for their relevance in highlighting the key characteristics of the Indigenous population. It focuses on key areas such as health, education, employment, housing, and contact with criminal justice and welfare systems. Where possible, the data is presented in a way that identifies absolute and relative change in the situation of Indigenous peoples over… -
Legal
14 December 2012Webpage
Submission on Extradition review discussion paper
1.1 The Human Rights and Equal Opportunity Commission (‘HREOC’) is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (‘HREOC Act’). It is Australia's national human rights institution. 1.2 Its functions are set out in section 11(1) of the HREOC Act and include the power to promote an understanding and acceptance, and the public discussion, of… -
14 December 2012Book page
Same-Sex: Discussion paper 2
This discussion paper briefly discusses federal laws which exclude same-sex couples from accessing financial and work-related entitlements. The paper discusses the following areas of federal law: