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14 December 2012Book page
Native Title Report 2006: Chapter 2: Economic Development Reforms on Indigenous land
In 2006 the Secretary of the Department of Prime Minister and Cabinet made a revealing statement about Indigenous affairs. He argued that his own government’s policy performance in the Indigenous portfolio had been a failure. He went further to say that while well intentioned, the policies and approaches of the past 30 years had contributed to poor outcomes for Indigenous people. -
Commission – General
15 March 2024SpeechAustralian Human Rights Commission’s complaint handling jurisdiction
Civil Justice Research Conference 2019 Macquarie University, Sydney Emeritus Professor Rosalind Croucher AM [ Professor Croucher spoke to this paper] Abstract The complaint handling role of the Australian Human Rights Commission from time to time attracts some attention in the media—but not always for constructive reasons. This presentation set out the real story. It is one that is a worthy… -
Legal
14 December 2012WebpageCommission submissions: B
a) the Family Law Reform Act 1995 (Cth) ("the Reform Act") does not change the basic and long-standing principle that in all matters affecting children it is the 'best interests of the child' that remains the paramount consideration; -
Rights and Freedoms
23 May 2018SpeechThe role of the Australian Human Rights Commission
The role of the Australian Human Rights Commission as the national human rights body in promoting and protecting rights Freedom18—the limits of religious freedom NSW Parliament House 23 May 2018 [ Professor Croucher spoke to this paper] Introduction I begin my presentation by acknowledging the traditional custodians of this land, and pay my respect to the elders, past and present, and to -
Legal
14 December 2012Webpage
No. V 470 of 2002
1. The Human Rights and Equal Opportunity Commission (the 'Commission') files these written submissions pursuant to the orders entered on 13 September 2002. The Commission makes no submissions on the issue of whether the Minister should be granted leave to appeal from the judgment and orders of Merkel J. On the assumption that such leave is granted, the Commission's submissions address the proper… -
14 December 2012Book page
Social Justice Report 2003: Recommendations
In accordance with the functions set out in section 46C(1)(a) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), this report includes 12 recommendations. The recommendations appear in the text of the report and are also reproduced here. -
14 December 2012Book page
Social Justice Report 2003: SUMMARY SHEET ONE: RECOMMENDATIONS
That the federal Government request the Australian Bureau of Statistics (ABS) to provide to COAG information on the actions that need to be taken in order to improve Indigenous data collection. The ABS should respond to the suggestions made by the Steering Committee for the Review of Government Service Delivery in the Overcoming Indigenous Disadvantage Report 2003, as well as identify actions… -
Commission – General
14 December 2012Speech
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Human rights are said to be universal and indivisible. This paper explores how far that universality introduces human rights principles into the functions and work of the Administrative Appeals Tribunal (AAT). The answer, I think, could be “further than you realise”. -
Legal
14 December 2012Webpage
Commission submissions: CEO
For the purposes of this Act, a person (discriminator) discriminates against another person (aggrieved person) on the ground of a disability of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition: -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Although it is not possible to precisely specify all the circumstance that lead people to arrive in Australia through people smuggling routes, there can be no doubt that they undertake perilous journeys which put their lives and that of accompanying family members at risk. Given the very high rates of approval for those who have sought asylum in Australia through these routes, it is reasonable to… -
Legal
14 December 2012Webpage
Submission: Australia's Future Tax System (Retirement Income System) (2009)
The Australian Human Rights Commission (‘the Commission’)[1] makes this submission to the Review Panel on Australia’s future tax system (‘the Review’). The submission specifically addresses Australia’s retirement income system. -
Business and Human Rights
30 November 2022SpeechExecutive discretion in a time of COVID-19
Responses to the COVID-19 pandemic have required very quick action by governments. But those responses have also involved significant limitations on people’s rights and freedoms, especially freedom of movement, and implemented through executive power often with limited parliamentary involvement. -
Legal
14 December 2012Webpage
Commission Submission - ON COMMON DIFFICULTIES FACING ABORIGINAL WITNESSES
The communication difficulties that may be faced by Aboriginal people in the legal system have long been recognised.1 In the Queensland context, these have been well documented by Dr Diana Eades 2 and the Criminal Justice Commission (CJC).3 These issues are also dealt with in detail in the Equal Treatment Benchbook of the Supreme Court of Queensland (‘the Queensland Benchbook’)4 and… -
14 December 2012Book page
The Road So Far – the Age Discrimination Act 2004 (Cth) (2011)
When the Age Discrimination Act 2004 (Cth) (the Age Discrimination Act or the Act) was introduced in 2004 it heralded a new era in the recognition of age discrimination in Australia. Subsequently, the Australian Human Rights Commission published a paper ‘Roadmap to the Age Discrimination Act’ which provided an analysis of the Act as it was conceived in 2004.[1] -
14 December 2012Book page
Bringing them Home - Chapter 9
In 1863 the area now known as the Northern Territory came under the control of South Australia. By 1903 the whole area was leased to non-Indigenous people. As there were few non-Indigenous women, relationships between the Indigenous women and non-Indigenous men were relatively common. The consequence was a growing population of children of mixed descent who were usually cared for by their mothers… -
Legal
14 December 2012Webpage
Submission - Ratification of 2005 UNESCO Convention on the Protection & Promotion of the Diversity of Cultural Expressions (2008)
The Australian Human Rights and Commission (the Commission) makes this submission to the Department of Environment, Water, Heritage and the Arts (DEWHA) in its inquiry into the ratification of the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions. -
14 December 2012Book page
Native Title Report 2008: Overview
After 11 years of conservative rule under the Howard Government, that saw Indigenous peoples’ native title rights and interests severely degraded under the Wik 10 Point Plan, the election of the Labor Government raised an opportunity to renew the relationship between the State and Australia’s Indigenous peoples. -
Rights and Freedoms
9 August 2019Speech
Human Rights are not a foreign language
Human Rights are not a foreign language—reflections on the 70th anniversary of the Universal Declaration of Human Rights Emeritus Professor Rosalind Croucher AM President, Australian Human Rights Commission [∗] University of Adelaide Faculty of Law Tuesday 4 September 2018 Acknowledgement I would like to begin my presentation by acknowledging the traditional custodians of this land, and to… -
14 December 2012Book page
Native Title Report 2007: Chapter 7
The Yankunytjatjara and Pitjantjatjara and other Indigenous people of the town of Yulara, in the shadows of Uluru, had their claim for compensation for extinguishment of native title rejected by Justice Sackville in the Federal Court (the Jango case)1in 2006. The Noongar people (the Noongar case)2 had their claim for native title over the metropolitan area of Perth upheld. Further north, around… -
Legal
14 December 2012Webpage
Prescribed Bodies Corporate Submission, January 2006
The Aboriginal and Torres Strait Islander Social Justice Commissioner under section 209 of the Native Title Act 1993 (NTA), is required to report annually to the Commonwealth Attorney-General on the operation of the NTA and its effect on the human rights of Aboriginal and Torres Strait Islander peoples. As part of this role, the Commissioner also provides submissions to government reviews and…