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Legal
14 December 2012WebpageCommission Submission Amicus Curiae - Howe v Qantas
In light of the issues raised during the hearing of the proceedings and in the parties’ written submissions, the Sex Discrimination Commissioner (‘the Commissioner’) seeks the Court’s leave to make the following supplementary submissions. -
14 December 2012Book page
Same-Sex: Same Entitlements: Appendix 1
The following 58 legal instruments must be amended to eliminate discrimination against same-sex couples and their children in the area of financial and work-related entitlements. -
14 December 2012Book page
Bringing them Home - Appendix 6
The Protector of Aborigines made the legal guardian of every `aboriginal and half-caste child' whose parents are dead or unknown, or one of whom agrees, until the age of 21. Any two Justices, with the consent of the Governor and one of the parents, may apprentice `any half-caste or other aboriginal child having obtained a suitable age' until the age of 21 provided that `due and reasonable… -
Legal
14 December 2012Webpage
Commission submissions: Gama
You can explore a report by the Australian Human Rights Commission regarding Qantas v Gama in relation to the Racial Discrimination Act (1975). -
Legal
14 December 2012Webpage
Submission - Ratification of 2003 UNESCO Convention for the Safeguarding of Intangible Cultural Heritage (2008)
The Australian Human Rights and Commission (The Commission) makes this submission to the Department of Environment, Water, Heritage and the Arts in its Inquiry into the ratification of the 2003 UNESCO Convention Safeguarding Intangible Cultural Heritage. -
14 December 2012Book page
Asylum seekers and refugees guide
Over the last decade the Commission has worked to promote and protect the rights of asylum seekers and refugees in Australia. The Commission aims to provide clear, factual information to highlight the human rights issues involved in the treatment of these groups of people. On this page: Who are asylum seekers and refugees? What are Australia’s human rights obligations in relation to asylum… -
14 December 2012Book page
Native Title Report 2005 : Chapter 3 : The economic logic of the NIC Principles and economic development on Indigenous lands
As my predecessor pointed out in the Native Title Report 2003, native title is a political process as well as a legal process. Indigenous people enter a relationship with the State on the basis of their identity as the traditional owner group of an area of land. In some cases native title has provided the first opportunity since colonisation for a relationship of this type to be formed. -
Education14 December 2012Webpage
Bringing them home - Community Guide - 2007 update
A community guide to the findings and recommendations of the National Inquiry into the separation of Aboriginal and Torres Strait Islander Children From Their Families -
28 October 2013Book page
1 Introduction
This report draws upon the extensive work the Australian Human Rights Commission has undertaken in the area of Australian law, policy and practice relating to asylum seekers, refugees and immigration detention. The Commission’s work has included conducting national inquiries, examining proposed legislation, monitoring and reporting on immigration detention, and investigating complaints from … -
14 December 2012Book page
Chapter 4 - Introduction: Social Justice Report 2009
Homelands still belong to the people, we want to build homes on our land and live there. When we come to the homeland we come back to the peace and quiet. ... It is a much better environment on the homelands, better things for the children.[1] -
Legal
14 December 2012Webpage
Commission submissions: Langer
1. An appeal lies to the Federal Court from "a judgment or order of a prescribed court exercising jurisdiction ~der" section 383 of the Commonwealth Electoral Act 1918 ("the Electoral Act'): sections. 383(9). A prescribed court is defined in sub-section 383(11) to include the Supreme Court of Victoria. -
Rights and Freedoms
19 August 2016SpeechTony Blackshield Lecture
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years. I have two… -
Asylum Seekers and Refugees
10 January 2014WebpageAsylum seekers and refugees guide
Learn everything about refugee and asylum seeker issues, such as immigration detention, legal rights, protection visas and enhanced screening. -
Legal
14 December 2012Webpage
Submission: Legal Professional Privilege (2007)
In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. -
Rights and Freedoms
26 September 2016Speech
Human rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS GILLIAN TRIGGS [*] (Annual Tony Blackshield Lecture delivered at Macquarie Law School, Macquarie University, 5 November 2015) I It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of… -
14 December 2012Book page
Bringing them Home - Appendix 5
Established Aborigines Protection Board. Its functions include submitting proposals to the Governor relating to the care custody or education of the children of `Aboriginals' and exercising a general supervision and care over all matters affecting the interests and welfare of the `Aboriginals'. -
Legal
14 December 2012Webpage
Inquiry into the Independent Reviewer of Terrorism Laws Bill 2008 [No.2]
The Bill should, however, be amended to require the Independent Reviewer to consider the human rights impacts of laws relating to terrorist acts and to strengthen the Independent Reviewers information gathering powers. -
14 December 2012Book page
Native Title Report 2005 : Chapter 4 : Leasing on Indigenous land: a human rights appraisal
This report has focused on proposals for the leasing or alienation of Indigenous land, with a specific focus on the Indigenous Land Tenure Principles released by the National Indigenous Council (NIC). The purpose of this Chapter is to discuss these Principles from a human rights perspective, with a particular focus on the right to development. -
Legal
26 March 2015Submission
Inquiry into the Commonwealth’s Treaty-Making Process
Download PDF Download Word 1 Introduction and summary The Australian Human Rights Commission makes this submission to the Foreign Affairs, Defence and Trade References Committee in its Inquiry into the Commonwealth’s Treaty-Making Process. The Commission is established by the Australian Human Rights Commission Act 1986 (Cth) and is Australia’s national human rights institution with an… -
14 December 2012Book page
Native Title Report 2005 : Annexure 4 : Chronology of events in native title 1 July 2004 - 30 June 2005
This table includes summaries of every native title determination that occurred during this period, and notable or interesting agreements; it does not include every Indigenous Land Use Agreement (ILUA) registered or other native title agreements made over this period, due to the large volume. A snapshot of applications, determinations and ILUAs from this period is provided at the end of this…