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Legal14 December 2012Webpage
Submissions - MV Tampa
1. On 1 September 2001, the Human Rights and Equal Opportunity Commission ("the Commission") was granted leave to intervene in both proceedings. For the reasons outlined in paragraphs 8 and 10 of the judgment of His Honour Justice North, the Commission has become a party. -
Legal14 December 2012Webpage
Commission submission - Long Guan Juan & Others v Minister for Immigration
The Human Rights and Equal Opportunity Commission ("the Commission") was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 28 February 1995, His Honour Justice O'Loughlin 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… -
Legal14 December 2012Webpage
Refugee review
1. The Human Rights and Equal Opportunity Commission ("the Commission") seeks to make submissions to the Tribunal pursuant to paragraphs 11(1)(g), (o) and (p) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). -
Legal14 December 2012Webpage
Commission submission - Markham
IN THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION VICTORIAN REGISTRY C2002/3380 BETWEEN: Graincorp Operations Ltd Appellant AND: Stephen Markham Respondent Submissions of the Human Rights and Equal Opportunity Commission A. SUBMISSIONS ON LEAVE TO INTERVENE 1. The Human Rights and Equal Opportunity Commission ("HREOC") seeks the leave of the Australian Industrial Relations Commission ("the … -
Legal14 December 2012Webpage
Commission submission: IVF
(a) whether section 8 of the Infertility Treatment Act 1995 (Vic) ('ITA') is inconsistent, in terms of section 109 of the Constitution, with section 22(1) of the Sex Discrimination Act 1984 (Cth) ('SD Act'); and -
Legal14 December 2012Webpage
Commission submissions: Gunn and Taylor
(gb) Where HREOC considers it appropriate to do so, with the leave of the court hearing the proceedings and subject to any conditions imposed by the court, to intervene in proceedings that involve issues of discrimination on the ground of sex, marital status, pregnancy or potential pregnancy or discrimination involving sexual harassment; -
Legal14 December 2012Webpage
Commission submissions - In support of the application by the ACTU for Parental Leave
If the Commission pleases I appear before your honours to make a submission on behalf of the Human Rights and Equal Opportunity Commission in support of the application made by the ACTU. -
Legal14 December 2012Webpage
Family Provisions Test Case
In performing its functions, the Commission must take account of the principles embodied in the Family Responsibilities Convention, in particular those relating to: -
Legal14 December 2012Webpage
WORK AND FAMILY TEST CASE
The supporting material listed below is now available from HREOC at the request of the AIRC or the parties. It is intended that relevant parts of this material will be provided with final submissions. -
Legal14 December 2012Webpage
WORK AND FAMILY TEST CASE: Submission
Explore a work and family test case in relation to indirect sex discrimination made in the Australian Industrial Relations Commission. -
Legal14 December 2012Webpage
Amicus guidelines
1. These guidelines apply only to Federal Court proceedings under the ºÚÁÏÇ鱨վ Act 1986 (Cth) ("AHRC Act") as amended by the Human Rights Legislation Amendment Act (No 1) 1999 (Cth). -
Legal14 December 2012Webpage
Commission Submission - ON COMMON DIFFICULTIES FACING ABORIGINAL WITNESSES
The communication difficulties that may be faced by Aboriginal people in the legal system have long been recognised.1 In the Queensland context, these have been well documented by Dr Diana Eades 2 and the Criminal Justice Commission (CJC).3 These issues are also dealt with in detail in the Equal Treatment Benchbook of the Supreme Court of Queensland (‘the Queensland Benchbook’)4 and… -
Legal14 December 2012Webpage
Commission Submission - Giblet & Ors
On 21 April 2006 the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner (‘the Commissioner’) filed a Notice of Motion seeking leave to appear as amicus curiae in proceedings QUD 300/2005 Giblet & Ors v Queensland & Anor, QUD 301/2005 Chong & Ors v Queensland & Anor and QUD 389/2005 Douglas & Ors v… -
Legal14 December 2012Webpage
Commission Submission - Country v Beers
1. On 16 July 2003 the Aboriginal and Torres Strait Islander Social Justice Commissioner and Acting Race Discrimination Commissioner (the Commissioner) was granted leave to appear as amicus curiae in these proceedings, pursuant to s 46PV(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the HREOC Act). -
Legal14 December 2012Webpage
Commission Submission - Vijayakumar v Qantas
FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY File No SYG 1812 of 2007 BETWEEN TONY MAHESPARAM VIJAYAKUMAR Applicant and QANTAS AIRWAYS LTD Respondent SUBMISSIONS OF THE ACTING DISABILITY DISCRIMINATION COMMISSIONER Overview These submissions have been prepared on behalf of the Acting Disability Discrimination Commissioner (the Commissioner). They represent the written submissions that… -
Legal14 December 2012Webpage
Commission Submission - Maslauskas v Qld Nursing
If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’. The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to… -
Legal14 December 2012Webpage
Commission Submission Amicus Curiae - Webb v Child Support Agency
FEDERAL MAGISTRATES COURT OF AUSTRALIA At PERTH No PEG 307 of 2006 BETWEEN KENNETH WEBB Applicant and CHILD SUPPORT AGENCY Respondent OUTLINE OF SUBMISSIONS OF THE ACTING DISABILITY DISCRIMINATION COMMISSIONER AS AMICUS CURIAE A . BACKGROUND The applicant has mobility impairment and uses a wheelchair. There is no dispute that the applicant has a disability, as defined in s 4 of the… -
Legal14 December 2012Webpage
Commission submissions: Presley et al
Discover the Commission's submissions in the Presley et al. case. -
Legal14 December 2012Webpage
Commission submissions: Husseini
I, Alastair Neil Hope, State Coroner, having investigated the deaths of Nurjan Husseini and Fatimeh Husseini, with an Inquest held at Fremantle Court House on 4-8 November, 2002 find that the identity of the deceased persons were Nurjan Husseini and Fatimeh Husseini and that deaths occurred on 8 November, 2001, 24 nautical miles from any portion of Australian Territory as a result of Immersion in… -
Legal14 December 2012Webpage
Commission Submission: Ashmore
1. The Coroner has jurisdiction, relevantly, "to investigate a death". See s 19(1) of the Coroner's Act 1996 (CI) (the Act). Also see the definition of "investigation" in s 3 and ss 8, 25(1) - (3), 27(3) - (5), 44(2), 46(2) and 50 of the Act. Cf s 6(1) of the Coroner's Act 1920 (CI) which limited the jurisdiction of the Coroner, relevantly, "to inquire into the manner and…
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