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Legal14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 2: The Age Discrimination Act
The ADA commenced operation on 22 June 2004. At the date of publication there has been no decided case of unlawful age discrimination under the ADA. This chapter sets out the background to the legislation and its significant features as well as highlighting some similarities and differences with other federal unlawful discrimination laws that may be relevant to its interpretation and application.1 -
Sex Discrimination14 December 2012Speech
Peeling the inequality onion
This paper considers national and international legislative and other provisions regarding equality for women in the labour market. Australia ranks second to Sweden in terms of pay equity. It is argued that over the last two decades of global shifts to labour market decentralism and deregulation, Australian women have fared relatively well. Three fundamental reasons stand out: -
Rights and Freedoms11 May 2016Speech
Human rights across the Tasman: a widening gulf
I am honoured to have been invited to give this lecture at the Law School of the University of Canterbury, funded by the generosity of the Sir Eric Hotung Fellowship. While I had settled the subject matter of this lecture, I thought it would be helpful to know what other Hotung Fellows had discussed in previous years. I looked at last year’s lecture and was pleased to see that Professor… -
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
HREOCA: religious freedom
This is an information paper only. It is intended to provide general guidance. It is not a legally binding document and is not a substitute for independent legal advice. It is limited to the role and function of the Human Rights and Equal Opportunity Commission as contained in the legislation establishing the Commission. -
Legal14 December 2012Webpage
Inquiry into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2011
Recommendation 2: The Migration Act should be amended to provide that detention of unlawful non-citizens in immigration detention facilities must only be used as a measure of last resort. There should be a clear presumption against the detention of children for immigration purposes. -
14 December 2012Book page
The Right to a Discrimination-Free Workplace
The prohibition on discrimination in employment is a relatively recent, but now well-established, feature of the Australian legal environment. Laws prohibiting discrimination in the workplace in Australia date back to 1966 when South Australia introduced the Prohibition of Discrimination Act 1966 (SA), to prohibit discrimination on the grounds of race in aspects of employment and in the provision… -
Legal14 December 2012Webpage
Commission submissions: Mulrunji
The Human Rights and Equal Opportunity Commission ('the Commission') makes these submissions in relation to the comments that may be made by the Coroner in this matter. -
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… -
Legal14 December 2012Webpage
Commission submissions - In support of the application by the ACTU for Parental Leave
If the Commission pleases I appear before your honours to make a submission on behalf of the Human Rights and Equal Opportunity Commission in support of the application made by the ACTU. -
Legal14 December 2012Webpage
HREOC Submission: Productivity Commission on the Inquiry into Paid Maternity, Paternity and Parental Leave
The Human Rights and Equal Opportunity Commission (HREOC) makes this submission to the Productivity Commission in its Inquiry into Paid Maternity, Paternity and Parental Leave (‘the Inquiry’). -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - Howe v Qantas
However, if appropriate, and with leave of the Court, the Commissioner reserves the right to make further submissions on legal matters which may arise during the hearing of this matter and after receipt of the respondent’s particularised points of defence. No submissions are to be made in relation to the evidentiary and factual matters that may arise for determination. -
14 December 2012Book page
Native Title Report 2008 - Appendix 4
The following international instruments[1] have been placed in tables according to topic area. Note, however, that many of the instruments are relevant to several topic areas. Clauses marked * are relevant to Indigenous knowledge’s. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Equal Opportunity Commission of Victoria (the Commission) commends the enquiry by the Human Rights and Equal Opportunity Commission into the circumstances of children in immigration detention and the longer-term effects of detention on children who have entered the Australian community. This submission considers the post-detention experience and treatment of children and young adults released… -
Legal14 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. -
14 December 2012Book page
Bringing them Home - Chapter 5
The colony of Moreton Bay was established as a penal outpost of New South Wales in 1825. Extreme violence accompanied the rapid expansion of European settlers, particularly in the north. This violence and the spread of introduced diseases resulted in a rapid decrease in the Indigenous population. Kidnapping Indigenous women and children for economic and sexual exploitation was common. -
Legal27 October 2014Submission
Information concerning Australia’s compliance with the Convention Against Torture
Information concerning Australia’s compliance with the Convention Against Torture Submission by the Australian Human Rights Commission 17 October 2014 Download PDF Download Word Table of Contents 1 Introduction 2 Statutory powers of the Australian Human Rights Commission 3 Independent monitoring and inspection mechanisms, including ratification of the Optional Protocol 4 Domestic… -
14 December 2012Book page
Bringing them Home - Chapter 4
From 1835, when the European occupation of Victoria commenced, until the 1880s government policy was one of segregation of Indigenous people on reserves. These were mainly controlled by missions. -
Legal14 December 2012Webpage
Migration Matters
This submission is made by the Human Rights Commissioner on behalf of the Human Rights and Equal Opportunity Commission (‘the Commission’) in response to the Terms of Reference issued by the Select Committee on Ministerial Discretion in Migration Matters. -
Legal15 September 2015Submission
Inquiry into the Counter-Terrorism Legislation Amendment (Foreign Fighters Bill)
Review the Commission's submission to the Parliamentary Joint Committee on Intelligence and Security regarding the Counter-Terrorism Legislation Amendment.
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