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14 December 2012Book page
Section 1 - Introduction - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
In October 2010, the Australian Human Rights Commission (the Commission) launched a consultation regarding the human rights of lesbian, gay, bisexual, trans and intersex (LGBTI) people in Australia. This consultation process sought views from affected individuals and organisations about the steps that they felt would provide better human rights protection for LGBTI people in Australia. -
14 December 2012Book page
Section 2 - The consultation methodology - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
On 1 October 2010, the Commission released a Research Paper and a Discussion Paper informing participants of the current legal protections from discrimination and providing questions for response. -
14 December 2012Book page
Section 6 The potential benefit of federal laws protecting from discrimination and harassment on the basis of sexual orientation and sex and/or gender identity - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Re
The consultation invited comments on the potential benefit of federal laws protecting people from discrimination and harassment. Overwhelmingly, participants argued that introducing such protections would result in significant benefits for the Australian community as a whole. A small number of participants argued that there would be no benefit from these protections. -
14 December 2012Book page
Protection from discrimination on the basis of sexual orientation
The consultation was directly concerned with how protection from discrimination on the basis of sexual orientation might be included in federal law. Section 6 above outlines what the consultation heard about the benefits of these protections. This part outlines: -
14 December 2012Book page
Section 8 - Protection from discrimination on the basis of sex and/or gender identity - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
The consultation was directly concerned with how protection from discrimination on the basis of sex and/or gender identity might be included in federal law. Section 6 above outlines what the consultation heard about the benefits of such protections. This part outlines: -
14 December 2012Book page
Section 10: Exemptions - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
During the consultation, the Commission received a number of comments regarding exemptions from potential federal protection from discrimination on the basis of sexual orientation and sex and/or gender identity. Many participants who supported new protections from discrimination argued that there should either be narrow or no exemptions at all. Some participants, particularly those affiliated… -
14 December 2012Book page
Section 12 - Other actions that could be taken by the Australian Government to protect LGBTI people in Australia - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
The consultation received a number of suggestions about other ways in which the Australian Government could protect the human rights of LGBTI people in Australia. Many participants argued that while anti-discrimination legislation is an important step towards equality, it is essential that it is accompanied by other actions. Suggestions were often informed by personal experiences of… -
14 December 2012Book page
Section 13 - Conclusion - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
Equality for people of all sexual orientations and sex/and or gender identities is supported by international human rights agreements which Australia has agreed to observe. Taking steps to achieve such equality is the responsibility of the federal government. For this reason, the Commission is particularly pleased by the Government’s commitment to introduce federal protections from… -
14 December 2012Book page
Appendix 2: Definitions in state and territory laws - Addressing sexual orientation and sex and/or gender identity discrimination: Consultation Report (2011)
‘A reference in this Part to a person being transgender or a transgender person is a reference to a person, whether or not the person is a recognised transgender person: -
14 December 2012Book page
Mandatory detention laws in Australia
Briefing paper Outlines and evaluates the state and territory laws. The paper describes the impact of the laws and provides a summary of criticisms made by others. -
14 December 2012Book page
DIAC Response to Commission
The Department of Immigration and Citizenship welcomes this most recent report of inspections of its immigration detention facilities by the Human Rights Commissioner. -
14 December 2012Book page
DIMA response to the Commission's Report
The department welcomes the HREOC report which provides positive feedback on detention service reforms established since the Palmer and Comrie reports. We note HREOC’s recommendations several of which are consistent with DIMA’s ongoing improvement programme. -
14 December 2012Book page
GSL response to the Commission's Report
Thank you for your email of 10 January, attaching the revised draft of the Summary Report of HREOC's inspection of mainland immigration detention facilities, and for giving GSL the opportunity to comment. -
14 December 2012Book page
A Last Resort? - Summary Guide (2004)
It was established to consider whether Australia's immigration detention laws and its treatment of children in immigration detention comply with the United Nations Convention on the Rights of the Child. -
14 December 2012Book page
A last resort? - Summary Guide: Preface
The arrest, detention or imprisonment of a child shall be … used only as a measure of last resort and for the shortest appropriate period of time. -
14 December 2012Book page
A last resort? - Summary Guide: About the Inquiry
The Human Rights and Equal Opportunity Commission was established in 1986. It is an independent statutory organisation and reports to the federal Parliament through the Attorney-General. -
14 December 2012Book page
A last resort? - Summary Guide: How was the Inquiry conducted?
The Inquiry received 346 submissions, including 64 confidential submissions. Detailed information was provided by organisations representing detainees, human rights and legal bodies, members of the public, religious bodies, state government agencies and a range of non-government policy and service-providing organisations. -
14 December 2012Book page
A last resort? - Summary Guide: The facts about immigration detention in Australia
Since 1992, Australia's migration law has made it mandatory for any person in Australia without a valid visa to be detained until they are issued with a visa or removed from Australia. This law applies equally to adults and children. -
14 December 2012Book page
A last resort? - Summary Guide: International Law
As a sovereign country, Australia has a right to decide who is allowed to enter and stay in the country. However, with this right comes a set of legal responsibilities. -
14 December 2012Book page
A last resort? - Summary Guide: Australia's Detention Policy
While a short period of detention may be permitted for the purpose of conducting preliminary health, identity and security checks, Australia's detention system requires detention well beyond those permitted purposes. In fact, Australia's immigration detention laws and practices create a detention system that is fundamentally at odds with the Convention on the Rights of the Child.