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14 December 2012Book page
Social Justice Report 2004 : Appendix 1: Chronology of events relating to the introduction of new arrangements for the administration of Indigenous affairs, 2002 - 2004
This appendix provides an overview of the main events leading up to the introduction of the new arrangements for the administration of Indigenous affairs on 1 July 2004, as well as the key events which have occurred since that time to implement the new arrangements. -
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… -
Legal
14 December 2012WebpageSubmission: NTA Amendment Bill 2006
It is essential at all times when the reform of native title law is contemplated, that the historic importance of the recognition of native title to the building of a more just Australia, be kept squarely in mind. The law of native title provides for the limited recognition and protection of what remains of the traditional property rights of Indigenous Australian peoples that were unjustly… -
Legal
14 December 2012Webpage
SJU: Submission to Inquiry into Aboriginal Customary Law in NT
To access the Executive Summary of the Aboriginal and Torres Strait Islander Social Justice Commissioner's Submission to the Northern Territory Law Reform Committee Inquiry into Aboriginal Customary law in the Northern Territory click here. -
14 December 2012Book page
Social Justice Report 2006: Chapter 2: The new arrangements for Indigenous affairs – facilitating Indigenous access to government services
It has now been over two years since the federal government introduced new arrangements for the administration of Indigenous affairs. One of the catchcries of the new arrangements is that they are aimed at ‘harnessing the mainstream.’ This is to be achieved by removing or reducing the barriers that prevent Indigenous peoples from accessing existing mainstream services on an equitable… -
14 December 2012Book page
Bringing them Home - Chapter 1
Our life pattern was created by the government policies and are forever with me, as though an invisible anchor around my neck. The moments that should be shared and rejoiced by a family unit, for [my brother] and mum and I are forever lost. The stolen years that are worth more than any treasure are irrecoverable. Confidential submission 338, Victoria. -
Legal
14 December 2012Webpage
Submission to the Senate Legal and Constitutional Legislation Committee
A similar but not identical Bill was put before the Federal Parliament in April 1998, a week after the commencement of my Presidency. The Commission opposed many of that Bill's provisions and continues to oppose those provisions that exist in the current Bill as well as new ones. -
14 December 2012Book page
Social Justice Report 2006: Chapter 4: International developments on the rights of indigenous peoples – Closing the ‘protection gap’
In recent years there have been significant developments at the international level that impact upon the recognition and protection of the human rights of indigenous peoples. Most notably, there have been: i) reforms to the machinery of the United Nations (UN) and the emphasis given to human rights within that system; ii) the making of global commitments to action, through the Millennium… -
Legal
14 December 2012Webpage
Northern Territory Emergency Response Review Board
The government has an obligation to take action to address violence and abuse, particularly where there is evidence that is it widespread. Governments that fail to do so are in breach of their obligations under the Convention on the Rights of the Child (CRoC), the International Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the International Convention on… -
13 November 2014Book page
The Year in Review
Building understanding and respect for human rights and fundamental freedoms We all have a responsibility to respect the rights and freedoms of others. To make this a reality, the Commission works to build greater understanding of human rights and their importance in daily life. This is one of our two key priorities for 2011-2014. We work with a broad range of groups across the country,… -
Legal
14 December 2012Webpage
Submission - Ratification of 2003 UNESCO Convention for the Safeguarding of Intangible Cultural Heritage (2008)
The Australian Human Rights and Commission (The Commission) makes this submission to the Department of Environment, Water, Heritage and the Arts in its Inquiry into the ratification of the 2003 UNESCO Convention Safeguarding Intangible Cultural Heritage. -
14 December 2012Book page
Bringing them Home - Chapter 19
In most cases of forcible removal government officials and agents were responsible for the removal under legislation or regulations. However, there were early cases of removal of children by missionaries without the consent of the parents. In Victoria the absence of government oversight of welfare services enabled churches and other non-government agencies to remove children from their families… -
14 December 2012Book page
Bringing them Home - Chapter 16
That's why I wanted the files brought down, so I could actually read it and find out why I was taken away and why these three here [siblings] were taken by [our] auntie ... Why didn't she take the lot of us instead of leaving two there? ... I'd like to get the files there and see why did these ones here go to the auntie and the other ones were fostered. Confidential evidence 161, Victoria. -
Legal
14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ( Commission') was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, His Honour Justice Carr directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to… -
14 December 2012Book page
Social Justice Report 2004 : Chapter 2 : Walking with the Women - Addressing the needs of Indigenous women exiting prison
Introduction Pre and post-release programs for Indigenous women exiting prison An overview of Indigenous women in corrections Intersectional discrimination - Addressing the distinct experiences of Indigenous women Post-release programs for Indigenous women exiting prison - common themes from consultations Policy and programs relating to Indigenous women exiting prison Post-release housing… -
Legal
14 December 2012Webpage
Questions on Notice 13 May 2003
I refer to the Questions on Notice taken by the Human Rights and Equal Opportunity Commission ("HREOC") during its evidence before the Senate Legal and Constitutional Legislation Committee's Reference on the Australian Human Rights Commission Legislation Bill 2003 ("AHRC Bill") on 29 April 2003 and provide the responses below. -
Legal
14 December 2012Webpage
Information concerning Australia and the Convention on the Rights of the Child
Recommendation 1: The Commission recommends that the Australian Government fully incorporate into Australian law its human rights obligations to children, including through the adoption of a federal Human Rights Act. -
Legal
14 December 2012Webpage
R v Cheung
HIS HONOUR: The accused Cheung Ying Lun also known as Garry Cheung is to stand trial in this court on 15 February 1993 upon an indictment charging that between 1 August 1988 and 12 May 1989 he was knowingly concerned in the importation into Australia of a quantity of heroin exceeding the commercial quantity. -
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). -
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…