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14 December 2012WebpageFederal Discrimination Law: Chapter 3 - The Race Discrimination Act
The RDA was the first Commonwealth unlawful discrimination statute to be enacted and is different in a number of ways from the SDA, DDA and ADA. This is because it is based to a large extent on, and takes important parts of its statutory language from, the International Convention on the Elimination of all Forms of Racial Discrimination. -
Legal
14 December 2012Webpage
Independent review of the Environment Protection and Biodiversity Conservation Act 1999 (2009)
The Australian Human Rights Commission (the Commission) makes this submission to Mr Allan Hawke in response to the Independent review of the Environment Protection and Biodiversity Conservation Act 1999. -
Legal
14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ( Commission') was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, His Honour Justice Carr directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to… -
14 December 2012Book page
Annual Report 2007-2008: Chapter 6 - Aboriginal and Torres Strait Islander Social Justice
The past year has delivered some significant and promising new developments in indigenous affairs. the national apology to the stolen generations and the government’s commitment to the Statement of Intent to Close the Gap in health inequality both demonstrate a growing determination to face the challenges that confront Indigenous australians. i am pleased to say that hreoC has had a part in… -
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 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. -
14 December 2012Book page
Achieving Aboriginal and Torres Strait Islander health equality within a generation - A human rights based approach
Improving the health status of Aboriginal and Torres Strait Islander peoples is a longstanding challenge for governments in Australia. While there have been improvements made in some areas since the 1970s (notably in reducing high rates of infant mortality1) overall progress has been slow and inconsistent. The inequality gap between Aboriginal and Torres Strait Islander peoples and other… -
14 December 2012Book page
Social Justice Report 2005 : Chapter 2 : Achieving Aboriginal and Torres Strait Islander health equality within a generation - A human rights based approach
Improving the health status of Aboriginal and Torres Strait Islander peoples is a longstanding challenge for governments in Australia. While there have been improvements made in some areas since the 1970s (notably in reducing high rates of infant mortality1) overall progress has been slow and inconsistent. The inequality gap between Aboriginal and Torres Strait Islander peoples and other… -
Legal
14 December 2012Webpage
Information concerning Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (2010)
Recommendation 2: That the proposed Joint Parliamentary Committee on Human Rights be empowered to make recommendations in relation to the implementation of ICERD Committee Concluding Observations. -
14 December 2012Book page
When the Tide Comes In: Towards Accessible Telecommunications for People with Disabilities in Australia
3.1 Introduction 3.2 Disability Discrimination Act 1992 3.2.1 Introduction 3.2.2 DDA Definitions 3.2.3 DDA Complaints 3.2.4 Intervention in Court Proceedings 3.2.5 DDA Disability Standards 3.2.6 Granting by HREOC of Temporary Exemptions 3.2.7 Action Plans 3.2.8 Conduct of Inquiries by HREOC 3.2.9 Advisory Notes and Guidelines 3.3 Telecommunications Act 1997 3.4 Telecommunications (Consumer… -
Legal
14 December 2012Webpage
Independent Interim Report on CEDAW
Para 29: The Committee encourages the State party to continue its efforts to tackle the persistent problem of violence against women and urges the State party to adopt national legislation and adopt, implement and adequately fund as a matter of urgency the National Action Plan to Reduce Violence against Women and Their Children, including a mechanism for independent monitoring. -
Legal
14 December 2012Webpage
Re: Bernadette (2008)
1.1 On 7 March 2006, the Family Court of Australia granted leave to the Human Rights and Equal Opportunity Commission (HREOC) to intervene in these proceedings pursuant to s 92 of the Family Law Act 1975 (Cth) (‘Family Law Act’). -
14 December 2012Book page
6. Australia's Immigration Detention Policy and Practice
Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals)… -
14 December 2012Book page
A last resort? - Summary Guide: The facts about immigration detention in Australia
Since 1992, Australia's migration law has made it mandatory for any person in Australia without a valid visa to be detained until they are issued with a visa or removed from Australia. This law applies equally to adults and children. -
Legal
14 December 2012Webpage
Submission: Anti-Terrorism Bill (No. 2) 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
Native Title Report 2008 - Case Study 1
Imagine the sea rising around you as your country literally disappears beneath your feet, where the food you grow and the water you drink is being destroyed by salt, and your last chance is to seek refuge in other lands...[1] -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
That the death occured as a result of cardiorespiratory failure as a result of pneumonia from the aspiration of fluids in the chest cavity following brain damage. The deceased was found to have contributed to his death by his excessive intake of alcohol and his neglect of his own nourishment. The attending doctor at the hospital and the police forensic surgeon were also found to have acted… -
Legal
14 December 2012Webpage
Catholic Education Office - Application for Exemption
By this instrument, the Human Rights and Equal Opportunity Commission (the "Commission") declines to grant to the Catholic Education Office, Archdiocese of Sydney (the "CEO") a temporary exemption pursuant to section 44(1) of the Sex Discrimination Act (Cth) 1984 (the "Act"), in relation to the operation of sections 21(2)(a) and 22(1) of the Act. -
Legal
14 December 2012Webpage
Inquiry into the Fair Work Bill 2008 (2009)
The Australian Human Rights Commission (the Commission) makes this submission to the Senate Education, Employment and Workplace Relations Committee in its Inquiry into the Fair Work Bill 2008. -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 2: The Age Discrimination Act
The ADA commenced operation on 22 June 2004. At the date of publication there has been no decided case of unlawful age discrimination under the ADA. This chapter sets out the background to the legislation and its significant features as well as highlighting some similarities and differences with other federal unlawful discrimination laws that may be relevant to its interpretation and application.1