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24 April 2015Book page
3 Promotion and protection of human rights on the ground
3.1 Equality before the law and non-discrimination (a) Aboriginal and Torres Strait Islander peoples The UN Declaration on the Rights of Indigenous Peoples has yet to be implemented in law, policy and practice. [12] Recommendation: The Commission recommends that Government develop, in partnership with Aboriginal and Torres Strait Islander peoples, a National Strategy to give effect to the -
14 December 2012Book page
A Bad Business - Part C: Findings
The majority of reported sexual harassment was targeted at women, involved multiple forms of harassing behaviour and occurred on more than one occasion. In over one in five cases, the harassment continued for more than 12 months. Verbal harassment was often a precursor to physical forms of harassment. -
Commission – General14 December 2012Speech
Federal 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… -
14 December 2012Book page
Social Justice Report 2006: Chapter 1 : Introduction
This is my third Social Justice Report as Aboriginal and Torres Strait Islander Social Justice Commissioner and covers the period 1 July 2005 to 30 June 2006. -
Legal14 December 2012Webpage
Inquest into the deaths of David Gurralpa and Robert Plasto-Lehner (2009)
Part 2.2: The obligations imposed by the right to life (article 6 of the ICCPR), including that by arresting and detaining individuals police take responsibility to care for their life. -
14 December 2012Book page
Social Justice Report 2001: Chapter 5: Juvenile diversionary schemes and Indigenous people
On 27 July 2000, the Commonwealth government and the Northern Territory Government signed an agreement for the establishment of a juvenile pre-court diversion scheme in the Northern Territory (NT). This agreement arose specifically as a response to the continued criticism of the NTs mandatory minimum imprisonment laws and their impact on juveniles and Indigenous people. By establishing the… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Australian Psychological Society categorically condemns the practice of detaining child asylum seekers and their families, on the grounds that it is not commensurate with psychological best practice concerning childrens development and mental health and wellbeing. Detention of children in this fashion is also arguably a violation of the UN Convention on the Rights of the Child. -
14 December 2012Book page
National Inquiry on Employment and Disability Interim Report: chapter 4
No person can achieve a smooth transition and successful entry into the open workforce unless they are 'job ready', and this is especially the case for people with disability. -
14 December 2012Book page
5. Protecting the Human Rights of Children in Immigration Detention
Australia is responsible for ensuring that all children in its jurisdiction can enjoy all applicable human rights, including those in the Convention on the Rights of the Child (CRC), International Covenant on Civil and Political Rights (ICCPR) and Refugee Convention. That responsibility may be executed through legislation, executive action and the judicial system. Subject to the Australian… -
Legal14 December 2012Webpage
Commission submissions: Khafaji
The Commonwealth relies upon Australia's response to the UNHRC's decision in A v Australia.(34) Nothing flows from that response. The UNHRC hears individual complaints of violations of the ICCPR (called "communications") under the First Optional Protocol to the ICCPR. (35) Australia is a party to the First Optional Protocol. (36) The decisions or "views" of the UNHRC regarding… -
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 1998 : Chapter 4: Government Responses to the Recommendations of Bringing Them Home
Bringing Them Home - the Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families (the National Inquiry) - made 54 'head' recommendations, 83 recommendations in total [1], to address what was referred to as 'the continuing devastation of the lives of Indigenous Australians'. The implementation of most recommendations requires action… -
14 December 2012Book page
Social Justice Report 2006: Chapter 3: Addressing the fundamental flaw of the new arrangements for Indigenous affairs – the absence of principled engagement with Indigenous peoples
This is the third successive Social Justice Report to report on the implementation of the new arrangements for Indigenous affairs at the federal government level. The past two Social Justice Reports have emphasised the importance of governments ensuring the effective participation of Indigenous peoples in decision making that affects our lives. This includes the development of policy, program… -
14 December 2012Book page
Indigenous Deaths in Custody: Arrest, Imprisonment and Most Serious Offence
Chapter 2. Indigenous Deaths in Custody Chapter 3. Comparison: Indigenous and non-Indigenous Deaths in Custody Chapter 4. Arrest and Imprisonment Rates and Most Serious Offence -
14 December 2012Book page
Social Justice Report 2000: Chapter 5: Reparations
The Senate Legal and Constitutional References Committee conducted an inquiry this year into the federal government's implementation of recommendations made by the Human Rights and Equal Opportunity Commission in Bringing them home. The inquiry considered proposals for the establishment of an alternative dispute resolution tribunal for members of the stolen generations; and considered the… -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
DR OZDOWSKI: This is one of a series of hearings to be conducted around Australia. My name is Dr Sev Ozdowski and I am the Human Rights Commissioner and I am assisted in the Inquiry by two colleagues of mine, Mrs Robin Sullivan who is to the left of me, the Queensland Children's Commissioner. To the right of me is Dr Trang Thomas who is a Professor of Psychology at Melbourne Institute of… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Part II - THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF IMMIGRATION AND MULITCULTURAND AND INDIGENOUS AFFIARS (DIMIA) AND THE SOUTH AUSTRALIAN DEPARMENT OF HUMAN SERVICES (DHS) RELATING TO CHILD PROTECTION NOTIFICATIONS AND CHILD WELFARE ISSUES PERTAINING TO CHILDREN IN IMMIGRATION DETENTION IN SOUTH AUSTRALIA -
14 December 2012Book page
Bringing them Home - Chapter 10
Children's experiences following their removal contributed to the effects of the removal upon them at the time and in later life. In this chapter we briefly survey the evidence to the Inquiry concerning those experiences which have had the most significant impacts on well-being and development. -
Legal14 December 2012Webpage
Submission - The Aboriginal Land Rights (Northern Territory) Amendment Bill 2006 (Cth)
SUBMISSION TO THE AUSTRALIAN SENATE, COMMUNITY AFFAIRS, LEGISLATION COMMITTEE On THE ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT BILL 2006 (CTH) FROM THE ABORIGINAL AND TORRES STRAIT ISLANDER SOCIAL JUSTICE COMMISSIONER AND ACTING RACE DISCRIMINATION COMMISSIONER, TOM CALMA 13 July 2006 INTRODUCTION I welcome the opportunity to comment on the proposed amendments to The Aboriginal… -
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.
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