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Legal
14 December 2012WebpageInquiry into Access to Justice (2009)
The Australian Human Rights Commission (the Commission) makes this submission to the Senate Legal and Constitutional Affairs Committee in its Inquiry into Access to Justice. -
Children's Rights
18 April 2013SpeechWalking the talk: Towards authentic child voice
It’s fantastic to be amongst so many people committed to the wellbeing of Australia’s children. I’m thrilled to have been invited today by Prue Warrilow, Brian Babington and Families Australia and feel honoured to deliver the Berry Street Childhood Institute Families Australia Oration as my first speaking engagement as inaugural National Children’s Commissioner. -
14 December 2012Book page
Native Title Report 2005 : Chapter 2 : Existing legal framework and leasing options
The ownership, particularly communal ownership of land by Indigenous people began in 1976 with the introduction of land rights legislation in the Northern Territory (the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA (NT)). -
Employers18 February 2015Quick Guide
Political Opinion
It can be discrimination when a person does not experience equal opportunity in employment because of his or her political opinion. This may include being refused a job, being dismissed from employment, being denied training opportunities or being harassed at work. The Commission may investigate complaints of discrimination in employment based on political opinion and, where appropriate, try… -
Legal
14 December 2012Webpage
Federal Discrimination Law: Chapter 8 - Costs Awards
There are no specific provisions relating to costs in unlawful discrimination proceedings before the Federal Magistrates Court (‘FMC’) and Federal Court. The courts have a general discretion to order costs under the provisions of the Federal Court Act 1976 (Cth) (‘the Federal Court Act’) and the Federal Magistrates Act 1999 (Cth) (‘the Federal Magistrates Act’)… -
26 March 2014Book page
Chapter 6: Principle 3: Increasing numbers requires increasing opportunities
Key findings of ADF Review The ADF Review found that the ADF’s talent pool was narrowing, while competition for workers had intensified. To enhance capability and operational effectiveness, the ADF Review found that the ADF must draw on a broader talent pool, of which women were a critical part. The ADF Review found that: There had only been a one percent increase in the recruitment of women… -
14 December 2012Book page
It's About Time - Chapter 4
4.1 Introduction 4.2 The key issues 4.3 Workplace relations framework 4.4 Recognising the relationship between paid work and caring work 4.5 Certainty and flexibility in the workplace 4.6 Structural change to support gender and carer equality 4.7 The need for expanded legal rights 4.8 Workplace culture and use of family-friendly policies 4.9 A life cycle approach to work and a universal approach… -
Employers19 February 2015Quick Guide
Trade Union Activity
It can be discrimination when a person does not experience equal opportunity in employment because of his or her activity in a trade union. This includes being refused a job or dismissed from a job, being refused a promotion, transfer or other benefit associated with employment, given unfair terms or conditions of employment, being refused training opportunities, being refused flexible work … -
Employers13 February 2015Quick Guide
Breastfeeding
It is against the law to discriminate against women who are breastfeeding. This includes women who need to express milk by hand or using a pump. There are some limited exemptions. Discrimination happens when a woman is treated less favourably because she is breastfeeding or needs to breastfeed over a period of time. It is also discrimination when there is an unreasonable requirement or… -
Employers19 February 2015Quick Guide
Religion
Discrimination in employment on the basis of religion occurs when someone does not experience equality of opportunity in employment because of their religion. This may include being refused a job, being dismissed from employment, being denied training opportunities or being harassed at work. Discrimination on the basis of religion alone is not unlawful under federal anti-discrimination law … -
14 December 2012Book page
Indigenous Deaths in Custody: Part C - Profiles Analysis
Explore a report for the Office of the Aboriginal and Torres Strait Islander Social Justice Commissioner in relation to Indigenous deaths in custody. -
14 December 2012Book page
2 Biomedical markers and the assessment of chronological age
Since 2001, the primary method of assessing whether an individual is under the age of 18 years in the context of criminal proceedings in Australia has been through the analysis of an x-ray of the young person’s wrist. As this Inquiry is considering the treatment of young Indonesian males suspected of people smuggling who say that they are children, it is important to consider the… -
Employers18 February 2015Quick Guide
Gender Identity
The Sex Discrimination Act makes it unlawful to discriminate against a person because of their gender identity. There are some limited exemptions. Gender identity discrimination happens when a person is treated less favourably than another person in a similar situation because of that person’s gender-related identity, appearance, mannerisms or other gender-related characteristics of the… -
Employers18 February 2015Quick Guide
Physical Requirements
In some circumstances, employers can require employees and potential employees to meet the physical requirements of a job. However, physical requirements can amount to unlawful discrimination in some circumstances. Discrimination could be against the law if it is linked to a protected attribute, such as a person’s race, age, sex or disability, and the requirement is not reasonable. Example:… -
Employers13 February 2015Quick Guide
Carers
Caring responsibilities can include caring for young children, for children or adults with disabilities, mental illness, chronic illness, or for older people. Many employees will have caring responsibilities at different times in their lives. Employers have an obligation to avoid discrimination against carers in some circumstances. Under the Sex Discrimination Act, it is against the law for … -
Employers18 February 2015Quick Guide
Pregnancy
It is against the law to discriminate against a woman because she is pregnant or might become pregnant. Pregnancy discrimination happens when a woman is treated less favourably than another person because she is pregnant or because she may become pregnant. It is also discrimination when there is an unreasonable requirement or practice that is the same for everyone but has an unfair effect on… -
26 March 2014Book page
Chapter 7: Principle 4: Greater flexibility will strengthen the ADF
Key findings of Review The ADF Review found that flexibility is imperative for many Defence members, and that a lack of flexible work options – be that real or perceived – was acting as a serious impediment to retention. The ADF Review reported that in all three Services: There is an increased propensity for women to leave the ADF at points that coincide with a typical point where personnel … -
Employers13 February 2015Quick Guide
Criminal Record
Obtain information and practical guidance on how to prevent criminal record discrimination in the workplace. -
Legal
14 December 2012Webpage
Prescribed Bodies Corporate Submission, January 2006
The Aboriginal and Torres Strait Islander Social Justice Commissioner under section 209 of the Native Title Act 1993 (NTA), is required to report annually to the Commonwealth Attorney-General on the operation of the NTA and its effect on the human rights of Aboriginal and Torres Strait Islander peoples. As part of this role, the Commissioner also provides submissions to government reviews and… -
Employers19 February 2015Quick Guide
Vision Impairment
A guide for employers to support employees with vision impairments in the workplace.