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Castan Centre for Human Rights Law

Submissions and reports

Submissions

Anti-Terrorism Legislation

Emerton, P and Herreen, S. Submission to the Senate Legal and Constitutional Affairs Committee regarding the Inquiry into the Independent Reviewer of Terrorism Laws Bill 2008 [No. 2], September 2008.
Transcript of evidence
Full Submission
Inquiry web address
Joseph, S and Hadzanovic, E. Submission to the Parliamentary Joint Committee on Intelligence and Security Review of the Listing Provisions of the Criminal Code Act 1995, January 2007.
Full Submission
Emerton, P. Supplementary Submission to Senate Legal and Constitutional Committee Inquiry into the Provisions of the National Security Information (Criminal Proceedings) Bill 2004 (Cth) and the National Security Information (Criminal Proceedings) (Consequential Amendments) Bill 2004 (Cth).
Full Submission
Emerton, P. Submission to Senate Legal and Constitutional Legislation Committee Inquiry into the Provisions of the Surveillance Devices Bill 2004.
Full Submission
Emerton, P. Submission to Senate Legal and Constitutional Legislation Committee Inquiry into the provisions of the National Security Information (Criminal Proceedings) (Consequential Amendments) Bill 2004.
Full Submission
Joseph, S., and Smith, M. Submission to Parliamentary Joint Committee on ASIO, ASIS and DSD regarding Review of Division 3 Part III of the ASIO Act 1979 - Questioning and Detention Powers.
Full Submission
Emerton, P. Submission to the Senate Legal and Constitutional Committee regarding the inquiry into the provisions of the Anti-Terrorism Bill (No.2) 2004.
Transcript of hearing
Full Submission
Emerton, P. Submission to the Senate Legal and Constitutional Legislation Committee regarding the Anti-terrorism Bill 2004.
Transcript of hearing
Full Submission
Joseph, S. and Kinley, D. Submission to Parliamentary Joint Committee on ASIO, ASIS and DSD regarding the Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002 April 2002
Transcript of hearing
Full Submission
McCasland-Pexton, A., Joseph, S. and Kinley, D., Submission to the Senate Legal and Constitutional Committee, regarding the Security Legislation Amendment (Terrorism) Bill 2002 [No. 2] April 2002
Transcript of hearing
Full Submission

Bill of Rights

Debeljak, J. Submission to the Western Australian Consultation Committee for the proposed Human Rights Act.
Full Submission
Final Report of the Committee
Debeljak, J. Submission to the Tasmanian Human Rights Community Consultation Committee on 'How Human Rights are currently protected in Tasmania and whether the protection of Human Rights can be enhanced or extended'.
Full Submission
Abraham, I. and Joseph, S. Submission to the Human Rights Consultation Committee on a Bill of Rights for Victoria.
Full Submission
Debeljak, J., Submission to the Human Rights Consultation Commission on How Best to Protect and Promote Human Rights in Victoria.
Full Submission
Debeljak, J., Inquiry into a Bill of Rights for New South Wales submitted to the NSW Standing Committee on Law and Justice, on behalf of the NSW Branch of the Australian Plaintiff Lawyers Association, April 2000 (evidence given in February 2001).
Transcript of hearing
Full Submission
Final Report of the Committee
Kinley, D., Inquiry into a NSW Bill of Rights written submission to the NSW Standing Committee on Law and Justice 29 April 2000.

Business and Human Rights

Chambers, R., Kinley, D. and Joseph, S. Submission to the UN Office of the High Commissioner's review of the UN's Human Rights Norms for Corporations 'Responsibilities of Transnational Corporations and Related Business Enterprises with Regards to Human Rights'.
Full Submission

Children's Rights

A. Sifris, S. Middleton, R. Hyams and V. Kirmos, Submission to the Family Law Council regarding the Inquiry into Relocation of Children in Family Law, April 2006.
Full Submission
Batagol, B, Submission to the Standing Committee on Family and Community Affairs regarding Child Custody Arrangements Inquiry, August 2003.
Full Submission
Article in Alternative Law Journal

Disability and Human Rights

Kaempf, A, Submission to the Australian Government, Attorney-General's Department, Disability Discrimination Section on the Possible Ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), March 2008.
Full Submission

Enforcement Domestic

Kinley, D. Submission to the UK Joint Committee on Human Rights 'The Case for a Human Rights Commission', October, 2002
Gaze, B., Submission to Administrative Review Council on a Code of Conduct for Members of Merits Review Tribunals, February 2001.
Gaze, B., Submission to the Victorian Attorney-General on a Review of the Equal Opportunity Act 1995, July 2000.

Environment

Potts, H., Submission to the Water Resources Strategy Committee on the Strategy Directions Report '21st Century Melbourne: A Water Smart City', July 2002.
Full Submission

HREOC

Gaze, B. and Schmidt, C., Submission to the Senate Legal and Constitutional Committee regarding the Australian Human Rights Commission Legislation Bill 2003, April 2003.
Full Submission

Human Rights Education

D. Kinley and T. Davis. Response to Additional Questions of 29 May 2003 from the Submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade, Human Rights Sub-Committee, 'Inquiry into Human Rights and Good Governance Education in the Asia-Pacific Region', June 2003.
Full Submission
Kinley, D., Davis, T. and McBeth, A, Submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade, Human Rights Sub-Committee, 'Inquiry into Human Rights and Good Governance Education in the Asia-Pacific Region', December 2002.
Full Submission

Indigenous Rights

Castan, M., Tilley, J., and Yarrow, D. Submission to the Senate Legal and Constitutional Affairs Committee regarding the 'Inquiry Into the Stolen Generation Compensation Bill 2008', April 2008.
Full Submission
Gray, S. Submission to the Senate Legal and Constitutional Affairs References Committee regarding the Inquiry into Stolen Wages, July 2006.
Full Submission
Joseph, S. Submissions to the United Nations Human Rights Committee by the Human Rights and Equal Opportunity Commission (HREOC) on 'Native Title', 'Indigenous People in Custody' and 'Mandatory Sentencing Laws in Northern Territory and Western Australia'. 2001.
Submission available
Joseph, S., (co-author) Submission to the United Nations Human Rights Committee by the Human Rights and Equal Opportunity Commission (HREOC) on 'Heritage Protection' and 'Indigenous Disadvantage and Self-Determination', 2001.
Submission available
Kinley, D. Submission to Senate Legal and Constitutional Committee 'Inquiry into the Stolen Generation'. 13 July 2000.

International Criminal Court

Crafti G., Kinley D., Joseph S. and Debeljak J., 'Inquiry into Ratification of the Rome Statute of the International Criminal Court' submitted to the Joint Standing Committee on Treaties, 15 February 2002.
Full Submission

International Human Rights Treaties

Joseph, S and Pung, A. Submission to the Australian Government, Attorney-General's Department, Human Rights Unit on the 'Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - National Interest Analysis', June 2008.
Full Submission
Joseph, S and Kyriakakis, J. Submission to the Office of the High Commissioner for Human Rights regarding an 'Inquiry into the revised draft guidelines on an expanded core document and treaty-specific targeted reports and harmonized guidelines on reporting under the International Human Rights Treaties'.
Full Submission

Privacy

Emerton, P., Cheligoy, S., Grose, M., Pearson, H., Ransom, F. and Ross, P. Submission to the Senate Standing Committee on Legal and Constitutional Affairs regarding the Inquiry into the Telecommunications (Interception and Access) Amendment Bill 2008, April 2008.
Full Submission
Paterson, M. Submission to the Office of Access Card, Department of Human Services, ACT, 'Exposure Draft of the ‘Human Services (Enhanced Service Delivery) Bill 2007’
Full Submission

Refugees, Asylum Seekers and "Illegal" Immigrants

Kneebone, S., Liaskos, C. and Voon, J. Submission to the Commonwealth Joint Standing Committee on Immigration regarding the 'Inquiry into Immigration Detention in Australia', July 2008.
Full Submission
Kneebone, S. and Mitchell, K. Submission to the Senate Legal and Constitution Committee Inquiry into the Australian Citizenship Amendment (Citizenship Testing) Bill 2007, July 2007.
Full Submission
Dastyari, A. Submission to the Department of Immigration and Citizenship regarding the Liability of Immigration Detainees for the Costs of their Detention, February 2007.
Kneebone, S; Penovic, T; and Winter, C. Submission to the Senate Legal and Constitutional Affairs Committee Inquiry into the Provisions of the Migration Amendment (Review Provisions) Bill 2006, January 2007.
Full Submission
Penovic, T; Dastyari, A; and Taylor, J, Submission to the Senate Legal and Constitutional Legislation Committee regarding the Inquiry into provisions of the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006, May 2006.
Full Submission
Transcript of Hearing: http://www.aph.gov.au/hansard/senate/commttee/S9410.pdf
Committee Report: http://www.aph.gov.au/Senate/committee/legcon_ctte/migration_unauthorised_arrivals/report/report.pdf
Joseph, S; Cantley-Smith, R; and Contini, E. Submission to the Extradition and Mutual Assistance Review Team on the Extradition Review, April 2006.
Full Submission
McSherry, B and Kyriakakis, J., Submission to the Senate Legal and Constitutional Legislation Committee regarding the Inquiry into the Criminal Code Amendment (Trafficking in Persons Offences) Bill 2004.
Full Submission
Kneebone, S and Howell, E., Submission to the Senate Legal and Constitutional References Committee regarding the Inquiry into the Administration and Operation of the Migration Act 1958.
Full Submission
Kneebone, S., Submission to the Legal and Constitutional References Committee regarding the 'Inquiry into Migration Zone Excision', July 2002.
Full Submission
Crafti, G. and Kneebone, S. 'Detention, Children and Asylum Seekers: A Comparative Study' a submission to the Human Rights and Equal Opportunity Commission, Sydney regarding the National Inquiry into Children in Detention -15 April 2002
Full Submission
Joseph, S., Submission to the United Nations Human Rights Committee by the Human Rights and Equal Opportunity Commission (HREOC) on 'Detention of Unauthorised Arrivals', 2001.
Report available
Kneebone, S., Submission to the Legal and Constitutional References Committee's 'Inquiry into Migration Legislation Amendment Bill (No 6) 2001', September 2001.
Full Submission

Same Sex Entitlements

Gerber, P., Austin, S., Contini, E., Devenish, J., Herreen, S., Lee, L., Mahendren, S., Quinn, S., and Simons, F. Submission to the Senate Standing Committee on Legal and Constitutional Affairs regarding the 'Inquiry into the Effectiveness of the Commonwealth Sex Discrimination Act 1984 in Eliminating Discrimination and Promoting Gender Equality', August 2008.
Full Submission
Gerber, P. and Gyorki, L. Submission to the Human Rights and Equal Opportunity Commission on Same-Sex Entitlements, June 2006.
Full Submission
Debeljak, J and Middleton, Dr S. Submission to the Commonwealth Senate Legal and Constitutional Legislation Committee Inquiry into Amendments to the Marriage Act 1961 and the Family Law Act 1975', July 2004.
Full Submission

Trade

McBeth, A., Joseph, S., Kinley, D. Submission to the Senate Foreign Affairs, Defence and Trade Committee. 'Inquiry into the General Agreement on Trade in Services and the Australia / United States Free Trade Agreement' - March 2003
Full Submission

United Nations Reform

Joseph, S, 'Inquiry into the Reform of the United Nations Commission on Human Rights' by the Joint Standing Committee on Foreign Affairs, Defence and Trade Human Rights Sub Committee, August 2005.
Report available

Women and Human Rights

Penovic, T. Submission to the Law Reform Commission enquiry on the 'Law of Abortion', November 2007.
Full Submission
Gaze, B. Submission to the Senate Legal and Constitutional Committee, 'Inquiry into proposed amendments to the Sex Discrimination Act', November 2000.
Full Submission

Reports

Corporations and Human Rights

McBeth, A. Briefing Paper on the United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, February 2004.
Full report...
Kinley, D. Discussion paper for DFAT and Treasury Department, State Obligations in Respect of the UN's Human Rights Norms for Corporations. December 2003.

Environment and Indigenous Rights

Mfodwo, K. reports to the Ministry of Maori Development/Te Puni Kokiri Wellington, New Zealand: 'Options for Maori & Crown Co-Management of Water, Lakes and River-Bed Resources' o Cross-cutting Issues o The RMA 1991 o Treaty Settlement Instruments o The Conservation Act 1987
Mfodwo, K. 'Treaty Settlements & the New Local Government Act 2002 (NZ) - A Review of the Issues' a report to Local Government New Zealand.
Mfodwo, K. 'Indigenous Use' - Chapter 9 - Management and institutional arrangements assessment, South East Regional Marine Plan - a report to the National Oceans Office, Hobart, Australia, October 2001, 42 pp.
Mfodwo, K. Maori participation in legal and institutional arrangements for the marine sector - a report to the Ministry for the Environment, Wellington, New Zealand, August 2001, 50 pp.
Mfodwo, K. Protection of Maori Historic Heritage a series of publications commissioned by the Ministry for the Environment, Wellington, New Zealand, July-August 2001.
Mfodwo, K. Implications for Maori of proposed legal and institutional reforms: heritage management, oceans policy and local government - a scoping report commissioned by the Ministry for the Environment New Zealand, March 2001, 15 pp.
Mfodwo, K. Treaty and Maori interest aspects of environmental law in New Zealand - a report to the Ministry for the Environment, Wellington, New Zealand, June 2000, 390 pp.
Mfodwo, K. and Tsamenyi, B.J. A Review of the Legal and Institutional Framework for Indigenous Participation in Commercial Fisheries: Australia, New Zealand & Canada, a report commissioned by the Aboriginal and Torres Strait Islander Commission, Canberra, June 2000, 40 pp.

Human Rights & Health

Bugalski, N. & Joseph, S. 'Advice to ACT Health on the proposed Human Rights Act', July 2003.

Human Rights and International Development Banks

Kinley, D. & Davis, T. Discussion Paper for the Special Adviser on Human Rights, World Bank, 'Human Rights Implications of Privatization and Private Sector Development Activities for World Bank Operations'. December 2003

International Trade & Human Rights

Kinley, D., & McBeth, A., ‘Human Rights, Multinational Corporations and the International Trade System: Present and Future’, DFAT/NGO Consultations on Human Rights, 4 September 2002

Prisons

Naylor, B.'Government’s Independent Investigation into the Management and Operations of Victoria's Private Prisons', August 2000.

Women and Human Rights

Gaze, B., Comments to Sex Discrimination Commissioner on draft Pregnancy Guidelines for Employers, on behalf of National Women's Justice Coalition, February 2001.