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Aboriginal and Torres Strait Islander Social Justice
19 May 2014SubmissionALRC: Review of the Native Title Act 1993
Australian Human Rights Commission Submission to the Australian Law Reform Commission ALRC: Review of the Native Title Act 1993 14 May 2014 Downloads Download in PDF Download Word Table of Contents 1 Introduction 2 Recommendations 3 General Comments 4 The Native Title Act and its consistency with international human rights standards 4.1 The United Nations Declaration on the Rights of… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 6: Education
States Parties recognize the right of the child to education and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: -
Legal
14 December 2012WebpageSubmission: Video Evidence
The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the Law and Justice Legislation Amendment (Video Evidence and Other Measures) Bill 2005 (‘the Bill’). The Commission welcomes the opportunity to make this submission and… -
Disability Rights
14 December 2012SpeechThe elimination of disability discrimination in Australia
Graeme Innes AM Deputy Disability Discrimination Commissioner Human Rights and Equal Opportunity Commission Physical Disability Council of Australia 20 November 2000 -
Disability Rights
14 December 2012Speech
The right to belong
I have called this paper "the right to belong", and it is with this idea that I wish to begin my address to you this afternoon, before discussing in more detail the current state of the law in relation to disability discrimination. -
Rights and Freedoms
14 December 2012Speech“Child Migrants and Human Rights in our Time”: Dr Sev Ozdowski OAM (2005)
I should add, at this point, that my work over the past few years and my inquiry on children in immigration detention (CIDI), in Australia, the report of which "A last resort?" was tabled in the Australian Federal parliament in May of 2004, has made me even more keenly aware of the fragility of child asylum seekers. But more on that later! -
14 December 2012Book page
Human Rights Brief No. 4
Many fundamental freedoms are guaranteed by international human rights law. They include the freedoms of expression, movement and choice of residence, peaceful assembly and association, and the freedom to manifest one's religion or belief. -
Legal
14 December 2012Webpage
Commission submission - s134
1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the… -
Legal
14 December 2012Speech
Law Seminar 2007: Indigenous Stolen Wages Inquiry held by Senate Legal and Constitutional Affairs Committee Senator Russell Trood
Speaking Notes for a seminar organised by Human Rights and Equal Rights Commission on the topic of Indigenous Stolen Wages Inquiry held by Senate Legal and Constitutional Affairs Committee by Senator Russell Trood Senator for Queensland 9 March 2007 Inquiry Initiated by Senator Bartlett, Democrat Queensland Inquiry much indebted to the research of Dr Ros Kidd Inquiry began in October 2006,… -
Rights and Freedoms
14 December 2012Speech
Human Rights in Contemporary Australia: Dr Sev Ozdowski OAM (2001)
Despite its rather grand title, this presentation will be a relatively modest attempt to set out the key challenges for human rights in Australia as I see them at the outset of my term as Human Rights Commissioner. Let us begin with a quick survey of the state of human rights internationally and in Australia today. -
14 December 2012Book page
6. Australia's Immigration Detention Policy and Practice
Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals)… -
Legal
14 December 2012Webpage
Submission: Commission intervener
1.1 On 8 February 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.92 of the Family Law Act 1975 (Cth) ("Family Law Act"). -
14 December 2012Book page
Law Society Journal 2009: What will constitute a legitimate interference with rights?
A recent decision of the full Federal Court in Bropho v State of Western Australia[1] has created the opportunity to reconsider the operation of s 10 of the Racial Discrimination Act 1975 (Cth). Section 10(1) of the RDA is unique in discrimination law around the country. It is concerned with the operation and effect of laws rather than with making the actions of individuals unlawful. -
Disability Rights
14 December 2012Speech
Australian Building Codes Board - Building Australia's Future Conference (2011)
Putting out the welcome mat in our new accessible buildings: Where to from here in access developments -
Disability Rights
14 December 2012Speech
Disability 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
Social Justice Report 2001: Chapter 1: Ten years on from the Royal Commission into Aboriginal Deaths in Custody
The year 2001 marked the tenth anniversary of the final report of the Royal Commission into Aboriginal Deaths in Custody. The 5 volumes and 339 recommendations that comprise the national report of Commissioner Johnston remain among the most extensive, frank and devastating examinations of the impact of colonialism on the Indigenous peoples of this country. -
Disability Rights
13 January 2016Opinion piece
Time to regulate housing accessibility
With the scale, complexity and massive costs of recent reforms in disability services and aged care, we need constant monitoring and patience as the changes are put into place. According to what I hear and see this is all happening pretty well, in general. There is however a big shortcoming, a gap that could undermine the potential success of both the NDIS and the Aged Care programs. Both of… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Council of Social Service of NSW (NCOSS) is an independent non-government organisation and is the peak body for the social and community services sector in NSW. NCOSS works with its members on behalf of disadvantaged people and communities towards achieving social justice in New South Wales. It was established in 1935 and is part of a national network of Councils of Social Service which… -
Legal
14 December 2012Webpage
Commission submissions:the Queen
Apart from the express statutory authority for such intervention it would appear that the non party intervention may only be allowed where the intervener can provide arguments or facts which will contribute to the Court's reaching an informed decision, and where the significance of those arguments or facts is sufficient to outweigh any expense and/or delay which may be caused to the parties by… -
Rights and Freedoms
14 July 2015Speech
What are the proper limits on the power of Parliament?
Distinguished guests, friends and colleagues - thank you for your welcome to this Law Institute of Victoria seminar. I acknowledge the traditional owners of the land and pay my respects to their elders past and present. I will always have a soft spot for the Law Institute of Victoria. I was admitted to practice in 1969 after completing my articles with Williams Winter and Higgs, and…