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14 December 2012Book page
Bringing them Home - Chapter 23
Family law plays a role in the `placement and care' of Indigenous children when parenting disputes come before the Family Court of Australia (except in WA where the State Family Court deals with all family law matters) or those lower courts, presided over by magistrates, which have power to deal with them. The parents do not have to be married: children born outside marriage are treated in the… -
Employers11 February 2015Webpage
A quick guide to Australian discrimination laws
Explore key information about Australia's anti-discrimination laws for employers. -
Legal
14 December 2012WebpageCERD Index
This submission is prepared by Australia's national human rights institution, the Human Rights and Equal Opportunity Commission (HREOC). It provides information in relation to the Australian Government's combined 13th and 14th periodic report under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). All of the material contained in this document has… -
14 December 2012Book page
Voices of Australia: Resource sheet 5 - human rights education
Federal system : a political system in which governmental power is shared between a central or federal government having power over the whole country, and regional governments having power over their respective regions. The Australian federal system consists of the division of powers between the Commonwealth parliament and the State parliaments, as set out in the Commonwealth Constitution. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 5
Protecting the best interests of a child is one of the most important principles of international law and the Convention on the Rights of the Child (CRC) in particular. This chapter focuses on whether federal law currently protects the best interests of a child being raised by lesbian or gay parents. -
14 December 2012Book page
Native Title Report 2002: Extinguishment of Native Title
The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds… -
14 December 2012Book page
Annual Report 2007-2008: Chapter 9 - Race Discrimination
This report covers my fourth year as the Acting Race Discrimination Commissioner at HREOC, a position I occupy in addition to my position as the aboriginal and torres Strait islander Social Justice Commissioner. During the period on which I report, Australia elected a new government, ending almost 12 years of a coalition government. -
14 December 2012Book page
Social Justice Report 2007 - Chapter 3: The Northern Territory 'Emergency Response' intervention
On 21 June 2007, the Australian Government announced a ‘national emergency response to protect Aboriginal children in the Northern Territory’ from sexual abuse and family violence.[1] This has become known as the ‘NT intervention’ or the ‘Emergency Response’. The catalyst for the measures was the release of Report of the Northern Territory Board of Inquiry into… -
Legal
14 December 2012Webpage
Inquiry into the Sex Discrimination Amendment (Teaching Profession) Bill 2004
However, as discussed with Ms Dennett, there are a number of matters arising from the evidence of the Attorney-General’s Department (the “Department”) on which the Commission seeks to assist the Committee by providing some further information and clarification. As discussed with Ms Dennett, we considered it appropriate to copy this letter to the Department. -
Aboriginal and Torres Strait Islander Social Justice
4 August 2023Webpage
Indigenous Rights & the Voice
The Indigenous Voice to Parliament referendum proposes a mechanism that addresses Indigenous peoples’ right to participation in decision making, and the right to consultation with government. The Voice could also promote the realisation of other human rights for Indigenous peoples, including to ensure the full realisation of rights to health, education, housing and the protection of Indigenous… -
Legal
14 December 2012Webpage
Inquiry into the Workplace Relations Amendment (WorkChoices) Bill 2005
I refer to the appearance on 17 November 2005 by Sex Discrimination Commissioner Pru Goward and HREOC staff before the Senate Employment, Workplace Relations and Education Legislation Commission’s Inquiry into the Workplace Relations Amendment (WorkChoices) Bill 2005. -
Legal
14 December 2012Webpage
Submission to Court as Intervener and Amicus Curiae
The Human Rights and Equal Opportunity Commission (‘the Commission’) has sought leave to appear as amicus curiae in the hearing of both appeal proceedings. The Commission does not argue for a particular outcome in the appeal, but rather seeks to identify the relevant principles of law as they apply to the appeal for the assistance of the Court. -
14 December 2012Book page
Social Justice Report 2005 :
This report covers the period from 1 July 2004 to 30 June 2005. It considers two issues that are of major concern to Aboriginal and Torres Strait Islander peoples. -
Legal
26 February 2016Submission
Submission to Inquiry into the Regulatory and Legislative Aspects of Surrogacy Arrangements (2016)
Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Surrogacy and human rights 4.1 What is surrogacy? 4.2 Human rights issues in surrogacy arrangements 5 Current regulation of domestic surrogacy in Australia 6 Options for future domestic regulation: increase consistency and certainty domestically 6.1 Previous attempts at national consistency 6.2 Identifying people willing to enter… -
Aboriginal and Torres Strait Islander Social Justice
21 July 2017Speech
Children and racism
Protecting young lives against racial discrimination. Insights from June Oscar AO from the Australian Human Rights Commission. -
Legal
14 December 2012Webpage
Northern Territory Emergency Response Review Board
The government has an obligation to take action to address violence and abuse, particularly where there is evidence that is it widespread. Governments that fail to do so are in breach of their obligations under the Convention on the Rights of the Child (CRoC), the International Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the International Convention on… -
14 December 2012Book page
Law Society Journal 2009: What will constitute a legitimate interference with rights?
A recent decision of the full Federal Court in Bropho v State of Western Australia[1] has created the opportunity to reconsider the operation of s 10 of the Racial Discrimination Act 1975 (Cth). Section 10(1) of the RDA is unique in discrimination law around the country. It is concerned with the operation and effect of laws rather than with making the actions of individuals unlawful. -
Rights and Freedoms
14 December 2012SpeechHuman Rights in Contemporary Australia: Dr Sev Ozdowski OAM (2001)
Despite its rather grand title, this presentation will be a relatively modest attempt to set out the key challenges for human rights in Australia as I see them at the outset of my term as Human Rights Commissioner. Let us begin with a quick survey of the state of human rights internationally and in Australia today. -
Legal
14 December 2012Webpage
Inquiry into the Welfare Reform and Reinstatement of Racial Discrimination Act Bill 2009 and other Bills
There is intense hurt and anger at being isolated on the basis of race and subjected to collective measures that would never be applied to other Australians. The Intervention was received with a sense of betrayal and disbelief. Resistance to its imposition undercut the potential effectiveness of its substantive measures. -
Legal
14 December 2012Webpage
Commission submissions: P v P
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's view should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child.