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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… -
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. -
14 December 2012Book page
DIAC response to 2008 Immigration detention report - Summary of Observations following the Inspection of Mainland Immigration Detention Report
The Department of Immigration and Citizenship (DIAC) welcomes the release of the 2008 Immigration Detention Report by the Australian Human Rights Commission (AHRC) and acknowledges the important independent scrutiny of the immigration system provided by the AHRC. -
Rights and Freedoms
12 October 2021Webpage
COVID-19 vaccinations and federal discrimination law
This page provides general information on COVID–19 vaccinations and federal discrimination law and is intended as a guide only. It gives guidance on the most frequently asked questions we receive on this subject. -
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. -
Legal
14 December 2012WebpageThe adequacy of the allowance payment system for jobseekers and others, the appropriateness of the allowance payment system as a support into work and the impact of the changing nature of the labour market
Recommendation 1: The Newstart Allowances and supplements should be increased so that they accurately reflect the costs of living, job-seeking and skill development activity. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 8: Deprivation of Liberty and Humane Detention
In accordance with the general principle stated at Guideline 2 and the UNHCR [1] Guidelines on Refugee Children, minors who are asylum seekers should not be detained… -
Disability Rights
14 December 2012SpeechDisability discrimination legislation and its implementation (1997)
When I was invited to prepare this paper, Andrew Byrnes encouraged me to concentrate on drawing out strategic thoughts from the Australian experience which might be relevant in Hong Kong , and perhaps in other countries also. That is what I hope to do, rather than spending much time simply reciting that experience or the terms of Australia 's legislation. -
14 December 2012Book page
Native Title Report 2007: Chapter 11
While the native title system is able to deliver social and cultural outcomes through determinations of native title, Indigenous land use agreements (ILUAs) are one of the only ways in which native title holders can pursue economic development. -
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… -
22 July 2013Book page
Chapter 7: ADFA’s Structure and Staffing (Recommendations 11-15)
Key findings of Review The Review found that: The high turnover of Commandants and military staff has had a significant negative impact on ADFA’s leadership stability, continuity and organisational memory. The COMDT has limited influence over which staff are posted to ADFA and has limited engagement with ADF Service Chiefs. ADFA is not considered a prestigious posting for staff. This has an… -
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
Same-Sex: Discussion paper
This is an Inquiry into discrimination against same-sex couples regarding access to financial and work-related entitlements and benefits. Many of Australia’s laws exclude same-sex couples from financial and work-related entitlements and benefits that are enjoyed by heterosexual couples. For example, same-sex couples do not enjoy the same tax and health concessions as other de facto couples… -
Race Discrimination
16 December 2014WebpageWhat is racism?
Racism is the process by which systems and policies, actions and attitudes create inequitable opportunities and outcomes for people based on race. Racism is more than just prejudice in thought or action. It occurs when this prejudice – whether individual or institutional – is accompanied by the power to discriminate against, oppress or limit the rights of others. -
Legal
14 December 2012Webpage
Native title payments discussion paper – Optimising Benefits from Native Title Agreements
The Aboriginal and Torres Strait Islander Social Justice Commissioner has produced 15 Native Title Reports which include analyses and recommendations on the operation of the native title system and its effect on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples.[1] Particularly relevant is the Native Title Report 2003, which provides a detailed comparative analysis of… -
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… -
Legal
14 December 2012Webpage
Federal Discrimination Law 2005: Chapter 5: The Disability Discrimination Act
The DDA covers discrimination on the ground of disability, including discrimination because of the use of a therapeutic device or aid;1 accompaniment by a carer or assistant;2 or accompaniment by an assistance animal.3 -
Legal
24 March 2022Webpage
Exemption applications under the Disability Discrimination Act 1992 (Cth)
Section 55 of the Disability Discrimination Act 1992 (Cth) gives the Commission the power to grant temporary exemptions from certain provisions of the Act. Temporary exemptions may be granted for up to five years at a time and may be granted subject to specified terms and conditions. The effect of a temporary exemption is that discrimination covered by the exemption is not unlawful under the… -
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.