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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… -
22 July 2013Book page
Chapter 10: Minimising risk and ensuring the safety of the workplace
10.1 Education Key findings of Review ADFA provided undergraduates with limited education about healthy and respectful relationships, issues regarding consent, the meaning and appropriateness of sexist language and behaviour, and issues regarding controlling and threatening behaviour. The 2011 Unacceptable Behaviour Survey indicated that incidents of inappropriate conduct and inappropriate … -
14 December 2012Book page
Native Title Report 2003 : Chapter 4: Native Title and Agreement Making : a Comparative Study
The failure in Australia to perceive native title and land rights as the basis on which to address Indigenous economic and social development has been evident at legal, policy and administrative levels. Legally, the increasingly narrow interpretation of native title by the High Court has, as Noel Pearson has pointed out, stripped native title of much economic meaning or benefit. -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 4
It is simple to remove discrimination against same-sex couples in laws conferring financial and work-related benefits: amend the definitions describing a couple to include same-sex and opposite-sex couples alike. -
Disability Rights
29 June 2015PublicationGuidelines for Providers of Insurance and Superannuation
The Commonwealth Disability Discrimination Act 1992 (the "DDA") aims, as far as possible, to promote the rights of people with a disability to participate equally in all areas of life. It does this by making it unlawful to discriminate against a person with a disability, subject to a number of exceptions intended to balance the rights of people with disabilities with those of other persons. … -
Rights and Freedoms
26 September 2016SpeechHuman 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… -
Commission – General
31 May 2016SpeechAustralian Corporate Lawyers Association Corporate
Check against delivery Keynote Address - Australian Corporate Lawyers Association Corporate Good morning and thank you for your warm introduction. I would like to acknowledge the traditional owners of the land on which we meet – the Gadigal people of the Eora nation and their elders past and present. Introduction I was pleased to receive your invitation to join you at today’s conference to… -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Speech‘Partnership builds success’ An Indigenous perspective of educational partnerships (2009)
I would like to acknowledge the Kaurna People, the traditional owners and custodians of the Adelaide Plains and pay my respects to their elders past and present. Thank you Uncle Lewis O’Brien for your warm and generous welcome. -
Legal
14 December 2012WebpageInquiry 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) -
Commission – General
14 December 2012Speech
President speeches: Protecting the human rights of Indigenous people and communities
I would like to acknowledge the Kaurna peoples, the traditional owners of the land on which we meet today, and pay my respects to their elders past and present. -
Legal
14 December 2012Webpage
Submission to the Review of ATSIC
This submission is made by the Aboriginal and Torres Strait Islander Social Justice Commissioner on behalf of the Human Rights and Equal Opportunity Commission. [1] It responds to the public discussion paper titled 'Review of the Aboriginal and Torres Strait Islander Commission - June 2003'. -
Legal
14 December 2012Webpage
Inquest into the death of Mr Ward (2009)
the provisions of an international convention to which Australia is a party can also serve as an indication of the value placed by Australia on the rights provided for in the convention and, therefore, as indicative of contemporary values.[7] -
Rights and Freedoms
19 August 2016Speech
Tony 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… -
Legal
14 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… -
Legal
14 December 2012Webpage
Inquiry into the Native Title Amendment Bill 2009
Submission by the Aboriginal and Torres Strait Islander Social Justice Commissioner to the Senate Standing Committee on Legal and Constitutional Affairs -
Legal
14 December 2012Webpage
Submission - Proposed minor native title amendments (2009)
You are all aware of the cultural, linguistic and historical factors that impact upon Indigenous people’s interaction with the legal system. Such factors that include: -
Business and Human Rights
30 November 2022SpeechExecutive discretion in a time of COVID-19
Responses to the COVID-19 pandemic have required very quick action by governments. But those responses have also involved significant limitations on people’s rights and freedoms, especially freedom of movement, and implemented through executive power often with limited parliamentary involvement. -
Aboriginal and Torres Strait Islander Social Justice
1 March 2016Publication
Toomelah Report (1988)
The Toomelah community of five hundred Aboriginal people endures appalling living conditions which amount to a denial to them of the most basic rights taken for granted by most other groups in society, and by other Australian communities of similar size. Their houses are substandard and overcrowded, actually contributing to a range of diseases. The community has for decades lived without an… -
Asylum Seekers and Refugees
16 June 2020SubmissionMigration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020
The concerns outlined in this submission draw on the Commission’s work inspecting Australia’s immigration detention facilities. The Commission has conducted such inspections since the mid-1990s. -
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…