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Commission – General
14 March 2024Speech‘Bringing rights home—mapping an agenda on human rights in Australia
‘Bringing rights home—mapping an agenda on promoting, protecting and fulfilling human rights in Australia Michael Kirby Justice Oration 2021 Emeritus Professor Rosalind Croucher AM President, Australian Human Rights Commission The annual Kirby orations pay tribute to Michael Kirby’s commitment to social justice and human rights and his relationship as friend, colleague and mentor to Victoria… -
Commission – General
27 July 2023Speech
A new national human rights framework for Australia
Emeritus Professor Rosalind Croucher AM FAAL FRSA FACLM(Hon) delivered this speech at The Annual Castan Centre for Human Rights Law Conference on 21 July 2023. Overview The Australian Human Rights Commission is reaching the conclusion of its Free and Equal project, identifying what the national system for protecting human rights should be in Australia. In this keynote, President Croucher… -
Rights and Freedoms
13 March 2024SpeechThe Commission’s model for a Human Rights Act for Australia
The Australian Human Rights Commission's model proposes a national Human Rights Act, safeguarding rights for all Australians and addressing human rights concerns. It aims to modernize the legal framework. -
Commission – General
22 March 2024Speech
Women’s Club – Foundation Day Club Lunch
Emeritus Professor Rosalind Croucher AM Introduction Thank you Danielle Asciak, for inviting me here today. Let me begin by acknowledging the traditional custodians of the land on which we meet, the Gadigal people of the Eora Nation and pay my respect to Elders, past, present and emerging, and also to acknowledge any Indigenous guests attending today. I am sorry that as a nation we did not… -
Rights and Freedoms
3 March 2023Speech
Promoting and protecting human rights in Australia
The Australian Human Rights Commission: promoting and protecting human rights in Australia St Andrew’s College, University of Sydney, 14 July 2022 Emeritus Professor Rosalind Croucher AM FAAL Abstract This presentation explores the role of the Australian Human Rights Commission in the context of the international human rights treaties and its establishment as part of the domestic mechanisms … -
14 December 2012Book page
AusHRC 48: Mr CG v State of New South Wales
Pursuant to s 31(b)(ii) of the Australian Human Rights Commission Act 1986 (Cth), I attach my report of an inquiry into the complaint made by Mr CG of discrimination in employment on the basis of criminal record by the Rail Corporation New South Wales. -
14 December 2012Book page
Native Title Report 2007: Chapter 6
‘CATSI’ is an acronym for the Commonwealth’s Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), which came into effect on 1 July 2007. The Act ‘primarily provides for the incorporation and regulation of Aboriginal and Torres Strait Islander Corporations’. It replaces the Aboriginal Councils and Associations Act 1976 (Cth) (the ACA Act). -
Commission – General
12 March 2024Speech
A Revitalised National Human Rights Framework for Australia
Marking the 75th anniversary of the Universal Declaration of Human Rights Fraser Oration Emeritus Professor Rosalind Croucher AM FAAL FRSA FACLM(Hon) Introduction Vice-Chancellor, Duncan Maskell, Dean Matthew Harding, Mrs Tamie Fraser and the Fraser family, Melbourne Law School staff, distinguished guests, friends I would like to begin by acknowledging the traditional custodians of the land… -
27 October 2015Book page
2. Requirements for targeted recruitment strategies for Aboriginal and Torres Strait Islander people to qualify as special measures (except in New South Wales)
The purpose of this section is to provide a nationally consistent set of requirements for a ‘special measure’ targeted recruitment strategy for Aboriginal and Torres Strait Islander peoples. The core elements of a special measure are essentially the same under all federal, state and territory discrimination laws. However, the wording of the criteria in the legislation of each jurisdiction… -
Rights and Freedoms
18 November 2022Speech
Housing and human rights - rights where it matters
Sandy Duncanson Memorial Lecture Housing and human rights – rights where it matters Hobart, 11 October 2022 Abstract Homelessness can happen to anyone. People with disability are at an increased risk and they are joined by a growing invisible cohort of older women. COVID-19 was a trigger for state governments to find shelter for people living rough, illustrating that solutions to… -
Legal
2 March 2016SubmissionSubmission on ALRC Freedoms Inquiry – Interim Report
ALRC Freedoms Inquiry – Interim Report AUSTRALIAN HUMAN RIGHTS COMMISSION SUBMISSION TO THE AUSTRALIAN LAW REFORM COMMISSION 16 October 2015 Table of Contents 1 Introduction 2 The Inquiry in Context 3 Scrutiny Mechanisms 4 Freedom of Religion 5 Property Rights - Real Property 1 Introduction The Australian Human Rights Commission (the Commission) makes this submission to the Australian Law… -
14 December 2012Book page
Native Title Report 2000: Chapter 2: Definition and extinguishment of native title by the common law
This year the High Court will decide fundamental issues about the nature of native title and the extent to which it is protected by the common law. In hearing the appeal of the Miriuwung, Gajerrong and Balangarra peoples from the decision of the Full Federal Court in Western Australia v Ward (1) the court will be called upon to arbitrate an old dispute that has never been settled; that between… -
14 December 2012Book page
Native Title Report 2008 - About the report and credits
2008 was a significant year for Aboriginal and Torres Strait Islander peoples with far reaching effects, not limited to native title. The election of the new federal government in 2007 brought a raft of policies aimed at improving the social and economic situation of Aboriginals and Torres Strait Islanders, many of which are inextricably linked to native title. -
14 December 2012Book page
Native Title Report 2008 - Chapter 3
The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the… -
14 December 2012Book page
Social Justice Report 2004 : Appendix 2: How the Racial Discrimination Act 1975 applies to Shared Responsibility Agreements
The Racial Discrimination Act 1975 (Cth) (RDA) makes it unlawful to discriminate on the basis of race, colour, descent or national or ethnic origin. The proscriptions of unlawful discrimination in the RDA potentially apply to Shared Responsibility Agreements (SRAs), including: -
14 December 2012Book page
Native Title Report 2002: Extinguishment of Native Title
The two recent High Court decisions in Miriuwung Gajerrong [1] and Wilson v Anderson [2] have clarified some important issues regarding the extinguishment of native title under the Native Title Act 1993 (Cwlth) (‘NTA’) and its relationship with extinguishment under the common law. They also provide some important insights into the meaning of discrimination as it responds… -
14 December 2012Book page
Native Title Report 2002: Discrimination and native title
The resolution of the debate as to whether the extinguishment of native title by the common law and the Native Title Act 1993 (Cwlth) (‘NTA’) is racially discriminatory, depends upon the interpretation given to its two essential components: extinguishment and discrimination. The interpretation that the High Court has given to the extinguishment provisions of the NTA and its relationship… -
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… -
14 December 2012Book page
Native Title Report 2007: Overview
The year 2007 is the fortieth anniversary of the 1967 constitutional referendum. The referendum changed the Australian Constitution however it didn’t specify directions to be taken. In many ways, it could be said that the referendum represented promises to Indigenous Australians for new ways of enjoying human rights, and promises to other Australians that Indigenous citizens could expect a… -
Legal
14 December 2012Webpage
Commission submission - MIRIUWUNG
A. International treaties and the interpretation of Statutes B. International treaties and the development of the common law C. International law and the Constitution D. Relevant human rights norms