This article is part of our March theme, which focuses on an ongoing challenge to Australian society: Race & Discrimination. Read our Editorial for more on this theme. Public policy values, particularly human rights principles and non-discrimination principles, should guide governments in the conduct of public law litigation. The Commonwealth’s Obligations to Act as a […]
This article is part of our March theme, which focuses on an ongoing challenge to Australian society: Race & Discrimination. Read our Editorial for more on this theme. Recently the Federal Government announced that it intends to consolidate the Racial Discrimination Act 1975, Sex Discrimination Act 1984, Disability Discrimination Act 1992 and Age Discrimination Act […]
This article is part of our February theme, which focuses on one of the great silences in the human rights conversation in Australia: Prisoners’ Rights. Read our Editorial for more on this theme. What challenges do prisoners with mental or cognitive impairments face when they are released back into society? Securing suitable employment has emerged as […]
This article is part of our December theme, which focuses on one of the least appreciated but most fundamental aspects of well-being: housing. Read our Editorial for more on this theme. As the only Australian State with human rights legislation, Victoria is in a strong position to assess the question of whether formal protection of […]
This article is part of our December theme, which focuses on one of the least appreciated but most fundamental aspects of well-being: housing. Read our Editorial for more on this theme. Background The Federal Government’s White Paper on Homelessness, The Road Home: A National Approach to Reducing Homelessness (White Paper), proposed the introduction of new […]
This article is part of our December theme, which focuses on one of the least appreciated but most fundamental aspects of well-being: housing. Read our Editorial for more on this theme. Patrick is a 58 year old man who has been an involuntary in-patient in a psychiatric hospital for over seven years. He has received […]
28 September 2011 Herald Sun columnist Andrew Bolt has been found guilty of breaching section 18 (c) of the Racial Discrimination Act 1975 in the Federal Court of Australia. The case had been brought before the Federal Court by nine indigenous Australian’s including academic Professor Larissa Behrendt, activist Pat Eatock, author Anita Heiss and former […]
22 September 2011 Yesterday 21 September, the Australian government introduced into federal parliament amendments to the Migration Act 1958, which it says are needed to ensure that the Malaysia deal is beyond any High Court challenge. The Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011 amends the Migration Act 1958 and the Immigration […]
19 September 2011 Last Wednesday 14 September, the Scrutiny of Acts and Regulations Committee (SARC) of the Victorian Parliament tabled its final report on the review of the Victorian Charter of Human Rights and the Responsibilities Act (2006). If the committee’s recommendations are accepted courts will have “no role in enforcing human rights and providing […]
9 September 2011 The constitutional challenge to the Government’s funding of the National School Chaplaincy Program in Williams v Commonwealth and Ors continues as lawyers for the prosecution allege that the Government’s subsidising of chaplains undermines the secularism of Australia’s Constitution. The challenge to the program was launched by Ron Williams, a Queensland parent who […]
9 September 2011 Yesterday, the High Court of Australia handed down an historic decision in the case of Momcilovic v The Queen (2011) reaffirming the importance of the Victorian Human Rights Charter and held that it “protects fundamental human rights and maintains parliamentary sovereignty.” In the case, Vera Momcilovic appealed against her conviction for drug […]
6 September 2011 The United Nations Human Right Committee, in a significant decision, has ruled that Australia has violated international law and the human rights of a non-citizen. In the case Nystrom vs Australia, brought by the Human Rights Law Centre and Brian Walters SC, the Australian government had deported Stefan Nystrom in 2006 following […]