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Children's Rights
16 December 2016SpeechPathways to Inclusion: the voice of the child in decision making
Association of Children’s Welfare Agencies Conference 2016 Introduction Good afternoon everyone and thank you Wendy for the introduction. It’s fantastic to be here today amongst so many people committed to the wellbeing of children in Australia. I too would like to acknowledge the traditional custodians of the land on which we meet today, the Gadigal people of the Eora Nation, and pay my… -
14 December 2012Book page
Indigenous Deaths in Custody: Chapter 7 Courts and Imprisonment
Chapter 5. Introduction Chapter 6. Police Practices Chapter 7. Imprisonment and Courts Chapter 8. Custodial Conditions Chapter 9. Juveniles Chapter 10. Post-Death Investigations Appendix: Government Implementation -
Legal
14 December 2012WebpageR v Cheung
(i) R -v- Shrestha 100 ALR 757 (ii) Mabo -v- Queensland (1992) 66 AUR 408(iii) Adamopoulous -t- Olympic Airways SA 25 NSWLR 75(iv) Gradidge -v- Grace Bros Pty Ltd (1988) 93 FLR 414 -
14 December 2012Book page
What is the Racial Hatred Act?
Plain English guide to the Racial Hatred Act, which extends the coverage of the Racial Discrimination Act (RDA) to address racially offensive or abusive behaviour. -
Legal
14 December 2012Webpage
Commission submission - s134
1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the… -
Children's Rights
20 November 2014Speech
Children's Rights in a Changing World
Megan MitchellNational Children's CommissionerAustralian Human Rights Commission Association of Children's Welfare Agencies Conference 201420 August 2014 Check Against Delivery Introduction Thank you, Stephen, and good afternoon everyone. Can I start by acknowledging the traditional owners of the land on which we are meeting today, and paying my respects to their elders past and present. I’d… -
14 December 2012Book page
Native Title Report 2000: Chapter 3: Native title and sea rights
One of the major events of the period covered by this report was the handing down of the decision by the full Federal Court in the Croker Island case (1) on appeal from the decision of Justice Olney. (2) It is the major test case on the recognition of native title sea rights and represents the most authoritative statement of the law in Australia at the present time. It was a split decision and… -
Children's Rights
24 April 2013Speech
Privileging the voice of children in family law
I want to start by sharing with you the views of 14-year-old Rani who was – as part of a custody case – the subject of a lengthy dispute about contact. Rani had an independent children’s lawyer and a family report to present ‘her best interests’ to the judge. However she still felt totally excluded from the decision-making process. -
Legal
14 December 2012Webpage
Submission: MIGRATION LITIGATION REVIEW
1. The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited to make submissions in relation to the Migration Litigation Review (‘the Review’), being conducted by Ms Hilary Penfold QC, First Parliamentary Counsel. -
Complaint Information Service14 December 2012Publication
"Facilitator or Advisor?: A discussion of conciliator intervention in the resolution of disputes under Australian human rights and anti-discrimination law" (2004)
State and federal anti-discrimination & human rights law in Australia, as in many other countries2, provides for the resolution of complaints of discrimination and breaches of human rights by a process of conciliation. Conciliation is an alternative dispute resolution mechanism for parties to complaints in that it is an 'alternative' to more formal determination of the dispute by a court or… -
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 -
Legal
14 December 2012Webpage
Commission 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. -
Children's Rights
27 October 2017Speech
Children’s rights to safety and to a holistic education
Good morning everyone and thank you Katharine O’Donnell, ANZELA National President, for inviting me to be part of what I hear has been a stimulating event to date and to present the Dr Ann Shorten Memorial Lecture. I too would like to acknowledge the traditional custodians of the land on which we meet today, the Gadigal people of the Eora Nation, and pay my respects to elders past, present… -
LGBTIQ+
14 December 2012WebpageMarriage Equality (2012)
The Australian Human Rights Commission considers that the fundamental human rights principle of equality means that civil marriage should be available, without discrimination, to all couples, regardless of sex, sexual orientation or gender identity. The Commonwealth Parliament, and some state parliaments are now considering legislation that would provide all couples with the same access to civil… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set… -
Legal
14 December 2012Webpage
Marriage Legislation Amendment Bill 2004
1. The Human Rights and Equal Opportunity Commission ('the Commission') is established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth). It is Australia's national human rights institution. -
14 December 2012Book page
Bringing them home 8. History - New South Wales and the Australian Capital Territory
Note: This overview is based primarily on the Bringing them home report and provides a background to the policies and practices that authorised the removal of Aboriginal and Torres Strait Islander children from their families. It is not intended to be used as a comprehensive historical document. -
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… -
Legal
14 December 2012Webpage
Inquest into the death of Mr Ward (2009)
the provisions of an international convention to which Australia is a party can also serve as an indication of the value placed by Australia on the rights provided for in the convention and, therefore, as indicative of contemporary values.[7] -
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]