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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. -
Age Discrimination
14 December 2012PublicationAge Discrimination: exposing the hidden barrier for mature age workers
Since the introduction of the Age Discrimination Act 2004 (Cth), experiences of age discrimination in employment among mature age workers have featured prominently in the complaints of age discrimination received by the Australian Human Rights Commission. In 2008-09, I undertook a series of consultations with peak bodies including age-based community groups, legal service providers, business… -
14 December 2012Book page
Report No. 41: El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The complaints by Mr El Masri Part D: The Commission’s human rights inquiry and complaints function Part E: Mr El Masri’s detention from 14 November 2002 to 14 October 2005 Part F: The detention of Mr El Masri on 28 November 2006 Part G: The detention of Mr El Masri in MSU Part H: Use… -
Disability Rights
14 December 2012SpeechSpeech - iPhone or Trombone: Age or Disability Don't Have to be Barriers (2012)
Alan used to work as a civil engineer, and is a trombone player with two orchestras and two bands. He has competed in the Australian Band Championships for the last three years. He sold his soils laboratory to 'retire', and has never looked back. He still works part-time in soil testing, but as well as trombone playing he is a volunteer in a Rotary shop, walks 30-40 kilometers weekly, won a… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Thank you for your letter received on 2 January 2002 in which you enclose a copy of the terms of reference of the Commission's National Inquiry into Children in Immigration Detention. -
14 December 2012Book page
Chapter 4: Beyond the Apology - an agenda for healing: Social Justice Report 2008
On 13 February 2008 Prime Minister Kevin Rudd, on behalf of the Australian Parliament, made a historic and long overdue national Apology to the Stolen Generations. With eloquence and emotion, Prime Minister Rudd said what so many Australians have wanted to say, and what so many Indigenous peoples have needed to hear: -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
As Commissioner for Children in Tasmania, my Office is set up under Part 9 of the Children, Young Persons and their Families Act 1997 ("the Act"). The Act is informed by the United Nations Convention on the Rights of the Child, and has been in operation in Tasmania since 1st July 2000. -
Legal
14 December 2012WebpageInquiry into the Commonwealth Commissioner for Children and Young People Bill 2010 (2010)
The Australian Human Rights Commission (the Commission) makes this submission to the Senate Legal and Constitutional Affairs Committee in its inquiry into the Commonwealth Commissioner for Children and Young People Bill 2010. This submission considers the broad issues raised by the Bill. It does not make a detailed analysis of each proposed provision. -
Disability Rights
14 December 2012Speech
NSW DET Teacher Consultants conference:Keynote Speech
Read a keynote speech on the inclusivity of people with a disability at a NSW Department of Education and Training teachers conference. -
Legal
14 December 2012Webpage
Recommendation for decision on application for temporary exemption under section 55 of the Disability Discrimination Act
This paper recommends granting, in part and on conditions as specified below, an application for temporary exemption under section 55 of the Disability Discrimination Act ("DDA") by Capiteq Ltd, trading as Airnorth. -
Legal
14 December 2012Webpage
Commission Submission Amicus Curiae - AB v Registrar, Births Deaths and Marriages
The Sex Discrimination Commissioner was granted leave on 2 May 2006 to appear as amicus curiae at the hearing of these proceedings and make submissions on the following matters: -
14 December 2012Book page
Living Spirit - Muslim Women's Project 2006: Appendices 3 and 4
Questions to consider: Using scenarios based on true stories of racial and religious discrimination and abuse under the themes of human rights, negative stereotyping and misconceptions, the hypothetical will ask the panellists ‘How would you respond’? This addresses the sets of standards policy and decision makers use to respond to incidents of discrimination and abuse. -
Legal
14 December 2012Webpage
Madrid - Expert Seminar on Indigenous Peoples - Specific issues relating to the administration of justice – Indigenous women; public order laws; mandatory sentencing schemes; and best practice for diversion of Indigenous juveniles.
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission (HREOC) of Australia. It addresses the following issues: -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
As a former teacher at the Woomera IRPC, I was able to witness at first hand, the conditions of detention and the resulting outcomes for Asylum Seekers. -
Complaint Information Service14 December 2012Publication
ADR as a tool for social change: a discussion (2008)
Human rights and anti-discrimination law in Australia, as in many countries in the Asia Pacific, provides for complaints about discrimination and violations of human rights to be resolved by conciliation. The use of Alternative Dispute Resolution (ADR) in this context has been criticised. In particular, it has been claimed that the individualised form of the complaint process, coupled with the… -
Commission – General
14 December 2012SpeechPresident speech: Human rights, the Constitution and a Human Rights Act
We are gathered this evening on the land of the Ngambri people, from whom Canberra takes its name, and I pay my respects to their elders past and present. -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 8 - Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the Federal Magistrates Court (‘FMC’) and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) (‘the Federal Court Act’) and the Federal Magistrates Act 1999 (Cth) (‘the Federal Magistrates Act’)… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
International and Australian evidence demonstrates the long-term effects of early life experience on health and well being throughout life. The detention of children and young people is poses significant risks to normal development. The exposure of infants and young children to stress either directly or mediated through the experiences of their parents reduces the likelihood of normal brain… -
Legal
6 February 2014Submission
Judicial review of lawfulness of detention (2013)
The Australian Human Rights Commission provides this response to the questionnaire from the Working Group on Arbitrary Detention in relation to judicial review of the lawfulness of detention. -
Asylum Seekers and Refugees
8 January 2014PublicationA last resort? National Inquiry into Children in Immigration Detention
This is an important report. It deals with our treatment of children in the most recent wave of boat people seeking refuge and a better life on our shores. It does so in the knowledge that there is a tension created by the community expectation that the Government will defend Australia's security while simultaneously upholding individual rights - the notion of the 'fairgo' for all. The report…