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14 December 2012Book page
Bringing them Home - Chapter 12
Just as there are many homes, there are many journeys home. Each one of us will have a different journey from anyone else. The journey home is mostly ongoing and in some ways never completed. It is a process of discovery and recovery, it is a process of (re)building relationships which have been disrupted, or broken or never allowed to begin because of separation (Link-Up (NSW) submission 186). -
Disability Rights
14 December 2012SpeechDisability discrimination legislation and its implementation (1997)
When I was invited to prepare this paper, Andrew Byrnes encouraged me to concentrate on drawing out strategic thoughts from the Australian experience which might be relevant in Hong Kong , and perhaps in other countries also. That is what I hope to do, rather than spending much time simply reciting that experience or the terms of Australia 's legislation. -
14 December 2012Book page
Indigenous Deaths in Custody: Part E Profiles: Indigenous Deaths in Custody 1989 - 1996
The death was the result of coronary atherosclerosis. There is no evidence which creates any suspicion that there was a causal link between the deceased being held in custody and his death. -
Legal
14 December 2012WebpageInquiry into national homelessness legislation (2009)
The House of Representatives Standing Committee on Family, Community, Housing and Youth shall inquire into and report on the content of homelessness legislation. -
Disability Rights
14 December 2012Speech
Presentation of Victorian Local Government Accessible Communities Awards
Most of you here today would know that it is not trite to say that local government is the closest level of government to our communities, and as such plays a key role in building and reinforcing the fabric of those communities. -
Commission – General
14 December 2012SpeechARE WE CROSSING THE LINE?: FORUM ON NATIONAL SECURITY LAWS AND HUMAN RIGHTS
This paper deals with two aspects of the bill: the preventative detention orders and the new sedition offence. It does not touch on the problematic control orders. -
14 December 2012Book page
Native Title Report 2007: Chapter 8
These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples. -
14 December 2012Book page
Native Title Report 2007: Chapter 1
Native title is now well established in Australian law. The native title system was set up in 1994 under the Native Title Act 1993 (Cth) (the Native Title Act). It is for gaining recognition and protection of native title, and for resolving native title matters. It has been successfully used in many parts of the country. -
14 December 2012Book page
Social Justice Report 2003: Appendix one: A statistical overview of Aboriginal and Torres Strait Islander peoples in Australia
This collection of statistics has been chosen for their relevance in highlighting the key characteristics of the Indigenous population. It focuses on key areas such as health, education, employment, housing, and contact with criminal justice and welfare systems. Where possible, the data is presented in a way that identifies absolute and relative change in the situation of Indigenous peoples over… -
14 December 2012Book page
Law Society Journal 2009: What will constitute a legitimate interference with rights?
A recent decision of the full Federal Court in Bropho v State of Western Australia[1] has created the opportunity to reconsider the operation of s 10 of the Racial Discrimination Act 1975 (Cth). Section 10(1) of the RDA is unique in discrimination law around the country. It is concerned with the operation and effect of laws rather than with making the actions of individuals unlawful. -
Legal
14 December 2012Webpage
Commission submission - NAAV
1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need… -
Sex Discrimination
14 December 2012SpeechPeeling the inequality onion
This paper considers national and international legislative and other provisions regarding equality for women in the labour market. Australia ranks second to Sweden in terms of pay equity. It is argued that over the last two decades of global shifts to labour market decentralism and deregulation, Australian women have fared relatively well. Three fundamental reasons stand out: -
Disability Rights
14 December 2012Speech
Equality by degrees
I'm honoured to give this address. I completed my law degree at this university, and well remember the December day in 1977 when I received it. It was the culmination of four years of hard work, experiencing the pleasures and trials of campus life, and acquiring - as well as a reasonable amount of legal knowledge - a much broader appreciation of the world around me, warts and all. -
Legal
14 December 2012Webpage
Commission submission - Child's Right to be Heard
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's views should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child. -
Rights and Freedoms
14 December 2012SpeechHuman Rights in Contemporary AustraliaDr Sev Ozdowski (2001)
Despite its rather grand title, this presentation will be a relatively modest attempt to set out the key challenges for human rights in Australia as I see them at the outset of my term as Human Rights Commissioner. -
Legal
14 December 2012Webpage
Commission Submission - Maslauskas v Qld Nursing
If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’. The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Department of Justice and Youth Studies at the Royal Melbourne Institute of Technology The Department of Justice and Youth Studies (JYS) is part of the Faculty of Education, Language and Community Services (FELCS) at RMIT University. JYS offers undergraduate courses in Criminal Justice Administration and Youth Affairs, as well as Masters by Research and PhD programs. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
The current submission recognises the need to move beyond mere critique of the status quo and focus resources on the development of viable alternatives. To be feasible any such model must satisfy the legitimate concerns of the government while upholding the fundamental right of freedom of movement. -
Legal
14 December 2012Webpage
Submission: MIGRATION AMENDMENT (DESIGNATED UNAUTHORISED ARRIVALS) BILL 2006
1.1 The Human Rights and Equal Opportunity Commission (‘The Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 (‘the Bill’). 1.2 The Commission welcomes the opportunity to make this submission and thanks the… -
14 December 2012Book page
Native Title Report 2007: Appendix 3
To acknowledge the importance of land to Aborigines and its spiritual, social, cultural and economic significance and provide a process to return land.