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Legal
14 December 2012WebpagePrescribed 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… -
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. -
Rights and Freedoms
14 December 2012Speech“Long-term detention and mental health”: Dr Sev Ozdowski OAM (2003)
I would like to acknowledge the traditional custodians of the land on which we stand and by so doing remind ourselves that Australia’s cultural traditions stretch back many thousands of years. -
Legal
18 May 2015Submission
Submission to Inquiry into the responsibilities of the Commonwealth Government in connection with the management and operation of the Regional Processing Centre in Nauru
27 April 2015 PO Box 6100 Parliament House Australia ACT 2600 By email: regionalprocessingnauru.sen@aph.gov.au Dear Chair, Inquiry into the responsibilities of the Commonwealth Government in connection with the management and operation of the Regional Processing Centre in Nauru The Commission has held long-standing concerns regarding the transfer to and detention of asylum seekers in Nauru… -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 5: The Disability Discrimination Act
The DDA covers discrimination on the ground of disability, including discrimination because of the use of a therapeutic device or aid;1 accompaniment by a carer or assistant;2 or accompaniment by an assistance animal.3 -
Legal
14 December 2012Webpage
Commission Submission - Access for All Alliance v Hervey Bay City Council
1. The present application does not specify the sections of the Disability Discrimination Act 1992 (Cth) (‘the DDA’) relied upon in making out the claim of unlawful discrimination. The Acting Disability Discrimination Commissioner (‘the Commissioner’) makes these general submissions on the assumption that the applicant characterises the alleged discrimination as indirect… -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012SpeechSite navigation
I would also like to thank the Law Council of Australia and its Advisory Committee on Indigenous Legal Issues for inviting me to deliver this address, and to take part in the customary law panel discussion later today. -
14 December 2012Book page
Appendix 5 The use of statistical evidence
This short paper is concerned, first, to examine the significance in a particular case of statistical evidence; secondly, to examine what it means to prove a fact on ‘the balance of probabilities’; and finally to examine the significance of relying on statistical evidence to establish an accused person’s age in the context of s 236B of the Migration Act 1958 (Cth). -
14 December 2012Book page
Social Justice Report 2003: Chapter 4: Responding to petrol sniffing on the Anangu Pitjantjatjara Lands: A case study
In September 2002, the South Australian Coroner brought down his findings in the inquests into the deaths of Kunmanara[1] Ken (who died on 3 August 1999), Kunmanara Hunt (who died on 27 January 2001) and Kunmanara Thompson (who died on 26 June 2001). Each of these young Anangu was a chronic petrol sniffer (they had been sniffing for at least ten years) in their mid to late twenties living on the… -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 7: Damages and Remedies
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: -
14 December 2012Book page
Bringing them Home - Chapter 21
Indigenous children throughout Australia remain very significantly over-represented `in care' and in contact with welfare authorities. Their over-representation increases as the intervention becomes more coercive, with the greatest over-representation being in out-of-home care. Indigenous children appear to be particularly over-represented in long-term foster care arrangements. A high percentage… -
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 2012Webpage
Commission submissions: Khafaji
SHDB Appellant PHILIPPA GODWIN First Respondent JULIE HELEN KEENAN Second Respondent MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS Third Respondent -
Commission – General
14 December 2012SpeechADR: an essential tool for human rights
I would like to begin by acknowledging the Elders and Traditional Owners of Darwin, the Larrakia People, and to thank them for the opportunity to visit this beautiful part of the country. After that very heartfelt welcome to country, I feel very privileged to be here this morning. -
Legal
14 December 2012Webpage
The adequacy of the allowance payment system for jobseekers and others, the appropriateness of the allowance payment system as a support into work and the impact of the changing nature of the labour market
Recommendation 1: The Newstart Allowances and supplements should be increased so that they accurately reflect the costs of living, job-seeking and skill development activity. -
14 December 2012Book page
Let's talk about rights: A guide to help young people have their say about human rights in Australia (2009)
This guide has been produced by the Australian Human Rights Commission to help you participate in the Australian Government’s National Human Rights Consultation. -
Rights and Freedoms
14 December 2012Speech
Diversity in Health 2003: Dr Sev Ozdowski OAM
Conference Convenors and Co-directors, distinguished guests from both Australia and overseas, ladies and gentlemen, all. I would like to acknowledge the traditional custodians of the land on which we stand and by so doing remind ourselves that Australia’s cultural traditions stretch back many thousands of years. -
14 December 2012Book page
Social Justice Report 2001: Chapter 6: Reconciliation – National progress one year on
In its final recommendations, the Council for Aboriginal Reconciliation proposed that there be a legislative requirement for the Social Justice Commissioner to monitor progress towards reconciliation on an annual basis. In the Social Justice Report 2000 it was noted that while legislative amendment to this end was desirable, this task could be undertaken under my existing functions. Accordingly,… -
29 January 2015Book page
1 Introduction
1.1 A snapshot of children in detention 1.2 Australian law and the detention of children 1.3 Does the Government owe a duty of care to children in detention? 1.4 International law and the detention of children My hope finished now. I don’t have any hope. I feel I will die in detention. (Unaccompanied 17 year old, Phosphate Hill Detention Centre, Christmas Island, 4 March 2014) Drawing by… -
Disability Rights
14 December 2012SpeechSpeeches and papers
This page provides access to over 200 speeches and papers on disability issues from members (current and past) and senior staff of the Australian Human Rights Commission. All major speeches since 2000 are included, as well as a selection of earlier speeches and papers as far back as 1989.