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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
Chapter 3: Remote Indigenous education: Social Justice Report 2008
...education is the engine room of prosperity and helps create a fairer, more productive society. It is the most effective way we know, to build prosperity and spread opportunity...[1] -
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… -
14 December 2012Book page
2010 Immigration detention on Christmas Island
This report contains a summary of observations made by the Australian Human Rights Commission (the Commission) during its 2010 visit to the immigration detention facilities on Christmas Island. -
14 December 2012Book page
Native Title Report 2007: Chapter 9
The federal government on 21 June 2007 announced measures to tackle sexual abuse against Aboriginal children in the Northern Territory. The legislation it passed to implement the measures has significant implications for Aboriginal owned and controlled land. -
Legal
17 June 2019SubmissionReview of citizenship loss provisions in the Australian Citizenship Act 2007 (Cth)
The Commission urges reform of these citizenship loss provisions, and makes 11 recommendations to ameliorate the significant human rights concerns. -
14 December 2012Book page
HREOC Report No. 36
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint against the Commonwealth of Australia. I have found that the respondent failed to provide the complainant with a safe place of detention whilst she was detained at the Curtin Immigration Reception and Processing Centre and that such failure… -
14 December 2012Book page
Native Title Report 2000: Chapter 1: Nation in dialogue
The application of human rights principles to native title has been the subject of an ongoing dialogue taking place both nationally and internationally in the reporting period. -
14 December 2012Book page
Social Justice Report 2006: Chapter 4: International developments on the rights of indigenous peoples – Closing the ‘protection gap’
In recent years there have been significant developments at the international level that impact upon the recognition and protection of the human rights of indigenous peoples. Most notably, there have been: i) reforms to the machinery of the United Nations (UN) and the emphasis given to human rights within that system; ii) the making of global commitments to action, through the Millennium… -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 8: Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the FMC and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) and the Federal Magistrates Act 1999 (Cth).1 -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
On my right is Professor Trang Thomas, Professor of Psychology at the Royal Melbourne Institute of Technology and on my left Mrs Robin Sullivan, who is also the Queensland Children's Commissioner. Before the hearing commences I would like to note the following matters. First, the issue of confidentiality and privacy. The Commission believes it is important to respect the privacy of individuals… -
14 December 2012Book page
2008 Immigration detention report - Summary of Observations following the Inspection of Mainland Immigration Detention Facilities
This report contains a summary of observations by the Australian Human Rights Commissioner, Graeme Innes AM, and staff of the Australian Human Rights Commission (the Commission) following visits to Australia’s immigration detention facilities, and to people in community detention, between June and September 2008. The contents of the report are based on direct observations made during the… -
14 December 2012Book page
2011 Immigration detention at Curtin
For more than a decade, the Australian Human Rights Commission has called for reforms to Australia’s system of mandatory and indefinite immigration detention – both in light of the impacts it has on people’s mental health and wellbeing, and because it leads to breaches of Australia’s international human rights obligations. During this time, the Commission has investigated… -
14 December 2012Book page
Bringing them Home - Chapter 11
Actually what you see in a lot of us is the shell, and I believe as an Aboriginal person that everything is inside of me to heal me if I know how to use it, if I know how to maintain it, if I know how to bring out and use it. But sometimes the past is just too hard to look at. Confidential evidence 284, South Australia. -
14 December 2012Book page
HREOC Report No. 27
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint made by Ms KJ on behalf of herself and her son MJ. I have found there to have been an act done on behalf of the Commonwealth which was inconsistent with and contrary to the human rights of MJ. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 3
This chapter explains how the provisions of international human rights treaties protect same-sex couples and their children, in the context of accessing financial and work-related entitlements. In particular, this chapter focuses on the right to non-discrimination on the grounds of sexual orientation. It also describes how the breach of that right can interfere with a range of other basic human… -
14 December 2012Book page
14. Unaccompanied Children in Immigration Detention
Most children come to Australia with their parents, but some come alone, either sent by their family for their protection or because they have lost their family in a crisis. -
Legal
10 October 2017Submission
Information concerning Australia’s compliance with the International Covenant on Civil and Political Rights (2017)
This submission provides information concerning the civil and political rights of key population groups in Australia and other thematic issues engaging civil and political rights. In relation to each section, the Commission has referred to the relevant articles of the ICCPR engaged and (where appropriate) the relevant paragraph of the Committee’s list of issues prior to reporting dated 9 November… -
14 December 2012Book page
Social Justice Report 2007 - Appendix 1
[1] The full text of the Bilateral Agreement is available online at: http://www.dia.wa.gov.au/Publications/Files/Bilateral_Agreement.pdf, accessed 24 January 2008. [2] Andrews, K., (Minister for Employment and Workplace Relations), CDEP 2006-07 To Build On Success, Media Release, 1 July 2006. [3] Bishop, J., (Minister for Education, Science and Training), Early childhood focus for Indigenous… -
14 December 2012Book page
4 The use of wrist x-ray analysis
This chapter considers some of the Commonwealth’s practices regarding the use of wrist x-ray analysis as a means of assessing chronological age for the purposes of criminal prosecution. It highlights situations where the reliance on wrist x-rays as evidence of age was contrary to stated Australian Government policy; or where it contributed to individuals who were in fact children, or who…