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14 December 2012Book page
Native Title Report 2011: Chapter 4: Options for addressing lateral violence in native title
This Chapter considers options for addressing lateral violence in environments that concern our lands, territories and resources. Although this is the beginning of the conversation, the Chapter aims to give Aboriginal and Torres Strait Islander peoples and communities some ideas about how to address lateral violence through the establishment of strong structural foundations and principles. It… -
14 December 2012Book page
Native Title Report 2003 : Chapter 2 : Native Title Policy - State and Commonwealth profiles
Human rights principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given legal recognition and protection. International legal principles also recognise that Indigenous peoples have economic, social and cultural human rights. Native title, as it is constructed through the Australian legal system, has a limited capacity to meet these human… -
Rights and Freedoms
19 August 2016SpeechTony Blackshield Lecture
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years. I have two… -
Rights and Freedoms
26 September 2016Speech
Human rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS GILLIAN TRIGGS [*] (Annual Tony Blackshield Lecture delivered at Macquarie Law School, Macquarie University, 5 November 2015) I It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of… -
Legal
14 December 2012WebpageCommission submissions: Clarke
The Commission has an interest and expertise in relation to the interpretation of the RDA, the application of the International Convention of the Elimination of all forms of Racial Discrimination (CERD),[1] and racial discrimination issues generally, as set out in paragraphs 14 and 15 of the affidavit of Ms Branson dated 18 July 2011. -
Legal
14 December 2012Webpage
Submission to National Human Rights Consultation (2009)
The Australian Human Rights Commission (the Commission) welcomes the opportunity to make this submission to the National Human Rights Consultation (the Consultation). -
Disability Rights
14 December 2012Speech1996 Kenneth Jenkins Oration
I am honoured and delighted to be here to deliver the Kenneth Jenkins Oration. My participation continues the involvement of members of the Human Rights and Equal Opportunity Commission with this event. -
Rights and Freedoms
31 October 2013Speech
Freedom of Speech and giving offence: can a balance be struck?
Annual Kirby Lecture on International law: ANZSIL 2013 Thursday 4 July 20136:30 pm Finkel Theatre, John Curtin School of Medical Research,Garran Rd, Australian National University (Check against delivery) Freedom of Speech and giving offence: can a balance be struck? I was especially pleased to be invited to give this address as, throughout my career, I have been enriched by Michael Kirby’s … -
Legal
14 December 2012Webpage
Marriage Legislation Amendment Bill 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. -
Legal
14 December 2012Webpage
Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008)
(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform) -
Legal
14 December 2012Webpage
Inquiry into the effectiveness of the Sex Discrimination Act 1984 (Cth) in eliminating discrimination and promoting gender equality (2008)
(1) Support a two-stage inquiry process for the SDA, with some amendments made now to the existing law (Recommendations), and the rest completed within three (3) years (Options for Reform) -
Legal
14 December 2012Webpage
Commission Submission - Ferneley v Boxing Authority NSW
(1) Nothing in Division 1 or 2 renders it unlawful to exclude persons of one sex from participation in any competitive sporting activity in which the strength, stamina or physique of competitors is relevant. -
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
30 January 2019Submission
Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018
1. Executive summary The Australian Human Rights Commission (the Commission) makes this submission to the Parliamentary Joint Committee on Intelligence and Security, in response to its review of the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 (Cth) (the Bill). The Explanatory Memorandum states that the purpose of the Bill is to introduce measures to… -
Legal
14 December 2012Webpage
Northern Territory National Emergency Response Legislation
Central to the values to which the Government gives expression is an unqualified commitment to racial equality and to eliminating racial discrimination. This is a non-negotiable tenet of our own national cohesion, reflected in our racial diversity, and it must remain a guiding principle of our international behaviour. The rejection of racial discrimination is not only a moral issue, it is… -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 6 - Practice and Procedure
The procedure for making complaints of federal unlawful discrimination is set out in Part IIB of the HREOC Act.[1] That procedure can be summarised as follows. -
Commission – General
14 December 2012SpeechFederal Anti-discrimination Law - 2004
In May last year I stepped down from my position as a Judge of the Federal Court to accept the role as President of HREOC. It has been a time of new challenges, such as the need to balance the legislative and administrative responsibilities that the Commission has been given by the federal government, with the important role of advocating for the rights of those on the margins of Australian… -
15 July 2014Book page
Chapter 2: Looking back on 20 years of native title and the Social Justice Commissioner role
2.1 Introduction [1] Successive Aboriginal and Torres Strait Islander Social Justice Commissioners (Social Justice Commissioners) have always shown constant leadership and advocacy in reporting on Aboriginal and Torres Strait Islander peoples’ rights to our lands and waters in the 19 Native Title Reports written between 1994 and 2012. [2] These Reports consistently show that social justice… -
Legal
14 December 2012Webpage
Commission submissions - In support of the application by the ACTU for Parental Leave
If the Commission pleases I appear before your honours to make a submission on behalf of the Human Rights and Equal Opportunity Commission in support of the application made by the ACTU. -
14 December 2012Book page
Bringing them Home - Chapter 13
Lots of white kids do get taken away, but that's for a reason - not like us. We just got taken away because we was black kids, I suppose - half-caste kids. If they wouldn't like it, they shouldn't do it to Aboriginal families. Confidential evidence 357, South Australia.