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14 December 2012Book page
AusHRC 44: Mr Toro-Martinez v Commonwealth of Australia (Department of Immigration and Citizenship)
Dear Attorney I attach my report of an inquiry into the complaint made pursuant to section 11(1)(f)(ii) of the ºÚÁÏÇ鱨վ Act 1986 (Cth) by Mr Toro-Martinez. I have found that the acts and practices of the Commonwealth breached Mr Toro-Martinez’s right not to be subject to arbitrary detention and his right to protection of and freedom from arbitrary interference with… -
14 December 2012Book page
Report No. 43: Mr NK v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
While we note your findings, in the Department's view Mr NK has been and continues to be detained lawfully in accordance with the Migration Act 1958 (Cth) (Migration Act) and his detention has not been and is not arbitrary. -
14 December 2012Book page
Report No. 42: Mr KL v State of NSW - Report into discrimination in employment
Pursuant to s 31(b)(ii) of the ºÚÁÏÇ鱨վ Act 1986 (Cth), I attach my report of an inquiry into the complaint made by Mr KL of discrimination in employment on the basis of criminal record by the NSW Department of Education. -
14 December 2012Book page
Report No. 41: El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
El Masri v Commonwealth (Department of Immigration and Citizenship) Report into unlawful and arbitrary detention and the right of people in detention to humane treatment (2009) AusHRC 41 ISSN 1837-1183 (Print) ISSN 1837-1191 (Online) Download PDF (809 kb) Word (529 kb) Contents Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The… -
Legal
14 December 2012WebpageCommission submissions: P v P
1.1 It is submitted that the law in Australia is both uncertain and unsatisfactory as to the issue of whether a child's view should ordinarily be taken into account by a court when that court is considering whether to authorise medical treatment on the child. -
Legal
14 December 2012Webpage
Commission submissions: P v P
2. The exercise of the jurisdiction of the Family Court is directly linked to the child's capacity to consent and therefore the capacity to consent must be the first issue to be decided. -
Legal
14 December 2012Webpage
Inquest into the death of Mr Ward (2009)
CORONERS COURT OF WESTERN AUSTRALIA INQUEST INTO THE DEATH OF MR WARD (File No 8008/08) SUBMISSIONS OF THE HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION Download Commission Submission (PDF, 314 kb) Commission Submission (Word, 94 kb) Introduction The evidence in this matter demonstrates a range of systemic failures that contributed to Mr Ward’s death. It is vital that these failures be… -
Legal
14 December 2012Webpage
Commission submissions: Mulrunji
The Human Rights and Equal Opportunity Commission (‘the Commission’) seeks leave to appear in this inquest pursuant to s 36(1)(c) of the Coroners Act 2003 (Qld) (‘the Coroners Act’). -
Legal
14 December 2012Webpage
Commission submissions: Mulrunji
These submissions concern the powers of a coroner under the Coroners Act 2003 (Qld) ('Coroners Act') to make comments on what might be described as 'systemic' issues arising out of an inquest. -
Legal
14 December 2012Webpage
Commission submissions: Mulrunji
Explore additional submissions by the Commission in the Mulrunji case. -
Legal
14 December 2012Webpage
Minister for Immigration v Ah Hin Teoh
1. On 20 November 1989 the Convention on the Rights of the Child ("the Convention") (ATS 1991 No 4) was adopted by the General Assembly of the United Nations and opened for signature, ratification and accession (see Cth Gaz No GN I, 13 January 1993, p 85). On 22 August 1990 the Convention was signed for Australia (see ATS 1991 No 4, P 35, n 1). On 2 September 1990, pursuant to Article… -
Legal
14 December 2012Webpage
Intervention: Commonwealth Director of Public Prosecutions v Wei Tang (2008)
1 On 17 April 2008 the Human Rights and Equal Opportunity Commission (“HREOC”) filed a summons seeking leave to intervene in these proceedings. The summons was supported by an affidavit of the Human Rights Commissioner, Graeme Gordon Innes, affirmed on 16 April 2008. -
Legal
14 December 2012Webpage
Commission submissions: Langer
1. An appeal lies to the Federal Court from "a judgment or order of a prescribed court exercising jurisdiction ~der" section 383 of the Commonwealth Electoral Act 1918 ("the Electoral Act'): sections. 383(9). A prescribed court is defined in sub-section 383(11) to include the Supreme Court of Victoria. -
14 December 2012Book page
Chapter 3: A human rights-based approach to lateral violence - Social Justice Report 2011
Social Justice Report 2011 Back to Contents Chapter 3: A human rights-based approach to lateral violence Chapter 1: The Year in Review Chapter 2: Lateral violence in Aboriginal and Torres Strait Islander communities Chapter 3: A human rights-based approach to lateral violence 3.1 Introduction 3.2 Human rights and lateral violence (a) The Declaration (b) Applying the principles of the… -
14 December 2012Book page
Appendix 1: Acknowledgments - Social Justice Report 2011
The Aboriginal and Torres Strait Islander Social Justice Commissioner thanks the following people and organisations for their assistance in preparing the Social Justice Report 2011. -
14 December 2012Book page
Social Justice Report 2006: Media Pack
Access the media pack for the Social Justice Report 2006. -
14 December 2012Book page
Report No. 40: Complaints by immigration detainees against the Commonwealth of Australia (Department of Immigration and Citizenship, formerly the Department of Immigration and Multicultural and Indigenous Affairs) and GSL (Australia) Pty Ltd (2008)
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of an inquiry by the former President of the Commission into complaints made by immigration detainees against the Commonwealth of Australia. The former President found that the Commonwealth had breached the human rights of the complainants pursuant to articles 10(1) and 17(1) of… -
14 December 2012Book page
Appendix 4: Expert Panel Terms of Reference - Social Justice Report 2011
The Government has established an expert panel in order to ensure appropriate public discussion and debate about the proposed changes and to provide an opportunity for people to express their views. -
14 December 2012Book page
Appendix 6: Further data on victimisation and offending - Social Justice Report 2011
Only NSW, Queensland, South Australia and the Northern Territory data records Aboriginal and Torres Strait Islander status of sufficient coverage or quality to publish. -
14 December 2012Book page
Introduction - Social Justice Report 2010
Social Justice Report 2010 Back to Contents Introduction Recommendations Introduction It is with great pleasure that I present my first Social Justice Report (the Report) as the Aboriginal and Torres Strait Islander Social Justice Commissioner, having commenced my five-year term on 1 February 2010. I write this Report as a Gangulu man from Central Queensland with over 25 years of experience …