Submissions and reports

We make submissions and compile reports for domestic and international bodies on human rights issues. We regularly submit papers to state and federal parliamentary committees highlighting the adverse effects of laws on human rights, and suggest ways governments can change these laws to conform with human rights.  Through these submissions, the Centre directly influences policy and legislative development, ensuring that human rights issues are considered in domestic and international decision-making.

Access to Justice

  • Penovic, T. Submission to the Senate Legal and Constitutional Affairs Commitee Inquiry into the Civil Dispute Resolution Bill 2010, November 2010, with L.O'Dwyer and K.Northwood
    Transcript of evidence
    Full Submission

Anti-Terrorism Legislation

  • Emerton, P., Submission to the Senate Legal and Constitutional Affairs Committee regarding the Inquiry into the Inspector-General of Intelligence and Security Amendment Bill 2011, June 2011
    Full Submission
  • Emerton, P. Supplmentary Submission to the Senate Legal Constitutional Affairs Committee regarding the Inquiry into the Intelligence Services Legislation Amendment Bill 2011, June 2011
    Full Submission
  • Emerton, P. Submission to the Senate Legal Constitutional Affairs Committee regarding the Inquiry into the Intelligence Services Legislation Amendment Bill 2011, May 2011
    Full Submission
  • Emerton, P. Submission to the Standing Committee on Finance and Public Administration regarding the Inquiry into the National Security Legislation Monitor Bill 2009, February 2009
    Full Submission
  • 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 

Asia Pacific Region

  • Joseph, S, McBeth, A. and Contini, E. Submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade regarding the 'Inquiry into Human Rights Mechanisms and the Asia-Pacific Region', November 2008.
    Full Submission
  • Kinley, D and Davis, T. 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

Bill of Rights

  • Castan Centre for Human Rights Law, Submission to the Department of Foreign Affairs on a draft Charter of the Commonwealth, Prepared by Adam Fletcher, February 2012
    Full Submission
  • Castan Centre for Human Rights Law,  Submission to the Scrutiny of Acts and Regulations Committee of the Victorian Parliament regarding the Inquiry into the Charter of Human Rights and Responsibilities Act 2006, Prepared by Professor Joseph, Marius Smith and Erica Contini, 1 July 2011
    Full Submission
  • Joseph, S. and Dastyari, A., Submission to the Legal and Constitutional Affairs Legislation Committee regarding the 'Inquiry into the Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011 [Provisions]', 31 May 2011
    Full Submission
  • Debeljak, J., Fletcher, A., and Joseph, S., 'Economic, Social and Cultural Rights - A Good Idea for Inclusion in the ACT Human Rights Act 2004?' , submitted to the ACT Government Department of Justice and Community Safety Consultation, 17 August 2011
    Full Submission
  • Debeljak, J., 'Inquiry into the Charter of Human Rights and Responsibilities', submitted to the Scrutiny of Acts and Regulations Committee of the Victorian Parliament for the Four-Year Review of the Charter of Human Rights and Responsibilities Act 2006 (Vic), 10 June 2011, 1-30
    Full Submission
  • Castan Centre for Human Rights Law, Submission to the Tasmanian Community Consultation, 'A charter of human rights and responsibilities for Tasmania', Prepared by Erica Contini and Professor Joseph, 30 November 2010
    Full Submission
  • Debeljak, J., Submission on the Directions Paper of the Department of Justice of Tasmania, 'A charter of human rights and responsibilities for Tasmania', 29 November 2010, 1-34
    Full Submission
  • Gerber, P., Submission to the Community Consultation into a Charter of Human Rights & Responsibilities for Tasmania, 16 December 2010
    Full Submission
  • Debeljak, J., Submission on the Human Rights (Parliamentary Scrutiny) Bill 2010, submitted to the Senate Standing Committee on Legal and Constitutional Affairs, 9 July 2010, 1-11 (re-submitted in October 2010)
    Transcript of evidence
    Full Submission
  • Castan Centre for Human Rights Law, Submission to the Senate Legal and Constitutional Affairs Committee, Inquiry into the Human Rights (Parliamentary Scrutiny) Bill 2010, Prepared by Dr Adam McBeth, Professor Sarah Joseph and Erica Contini, July 2010
    Transcript of evidence
    Full Submission
  • Castan Centre for Human Rights Law, Submission to the Senate Scrutiny of Bills Committee, Inquiry into the future direction and role of the Scrutiny of Bills Committee, Prepared by Professor Sarah Joseph, March 2010
    Full Submission
  • Castan Centre for Human Rights Law, Submission to the National Human Rights Consultation on a Bill of Rights for Australia
    Full Submission
    Castan Centre Press Release on the National Human Rights Consultation recommending the Human Rights Act
  • Debeljak, J. Submission to the National Human Rights Consultation on a Bill of Rights for Australia
    Full Submission
  • 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

  • Joseph, S. and McBeth, A., Submission to the Secretary General's Special Reprsentative on Business and Human Rights on Proposed Guiding Principles for Business and Human Rights, January 2011
    Full Submission
  • 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

  • Fletcher, A. and Gerber, P., Submisstion to the Attorney General's Department in Favour of Australia Signing and Ratifying the Third Optional Protocol to the Convention on the Rights of the Child, April 2012
    Full Submission
  • Penovic, T., Thompson, A., and Harrison, L., Submission to the House of Representatives Standing Committee on Social Policy and Legal Affairs into the Regulation of Billboard and Outdoor Advertising, February 2011
    Full Submission
    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

  • O'Sullivan, M and Kaempf, A. Submission to the Commonwealth Parliament regarding the Inquiry into Migration and Disability, in conjunction with the Rethinking Mental Health Laws Federation Fellowship.
    Full Submission
  • 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

Discrimination

  • Fletcher, A, Vandenberg, K, Loftus, R and Tu, K, Submission to Australian Government Attorney-General's Department regarding the Consolidation of Anti-Discrimination Laws paper, January 2012
    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

Freedom of Expression

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

Indigenous Rights

  • Castan, M., Submission to the Panel on Indigenous Constitional Recognition, September 2011
    Full Submission
  • 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

  • Fletcher, A. Submission to the Joint Standing Committee on Treaties regarding 'The Optional Protocol to the UN Convention against Torture' March 2012
    Full Submission
  • 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

National Human Rights Mechanisms

  • Dao, A, National Human Rights Action Plan: Exposure Draft, Submission to Australian Government Attorney-General's Department Consultation, February 2012
    Full Submission
  • Joseph, S. and Fletcher, F, National Human Rights Action Plan: Draft Baseline Study, Submission to Australian Government Attorney-General's Department Consultation, August 2011
    Full Submission
  • Joseph, S., Submission to the Standing Committee on Legal and Constitutional Affairs regarding an 'Inquiry into the Australian Capital Territory (Self-Government) Amendment (Disallowance and Amendment Power of the Commonwealth) Bill 2010'
    Full Submission
    Final Report of the Committee
  • Smith, M. and Contini, E., Submission to the Attorney General's Department: "A new National Human Rights Action Plan for Australia", Background Paper, 11 February 2011.
    Full Submission 

Privacy

  • Fletcher, A., Submission on Commonwealth Government's Issues Paper: A Statutory Cause of Action for Serious Invasion of Privacy, October 2011
    Full Submission
  • Emerton, P., Submission to the Senate Legal Constitutional Affairs Committee, Inquiry into the Telecommunications Interception and Ingelligence Services Legislation Amendment Bill 2010, November 2010
    Full Submission
  • Naylor, B. Submission to the Criminal Law Branch, Attorney General's Department on the Spent Convictions Bill 2008,  January 2009.
    Full Submission
  • 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

  • Fletcher, A., Submission to Senate Legal and Constitutional Affairs Committee, Migration Amendment (Removal of Mandatory Minimum Penalties) Bill 2012, February 2012
    Full Submission
  • Fletcher, A., Submission to the Senate Legal and Constitutional Affairs Committee regarding the Inquiry into Deterring People Smuggling Bill 2011, November 2011
    Full Submission
    Final Report of the Committee
  • Penovic, T., Submission to the Joint Select Committee on Australia's Immigration Detention Network, 12 August 2011
    Full Submission
  • Penovic, T., Submission to Senate Legal and Constitutional Affairs Legislation Committee into the Migration Amendment (Detention Reform and Procedural Fairness) Bill 2010, 6 June 2011
    Full Submission
  • Kneebone, S., O. Sullivan. and Penovic, T., Submission to inquiry into the agreement between Australia and Malaysia on the transfer of asylum seekers to Malaysia, 15 September 2011
    Full Submission
  • Kneebone, S, Healy, L. and Money, M. Submission to the Legal and Constitutional Affairs Committee regarding the Inquiry into the Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009, August 2009.
    Full Submission
    Transcript
  • Kneebone, S., Penovic, T., Fabinyi, H., and Moskovitch, E. Submission to the Legal and Constitutional Affairs Committee regarding the Inquiry into the Migration Amendment (Immigration Detention Reform) Bill 2009, August 2009.
    Full Submission
  • 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
    Transcript
  • 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., Sifris, A., Smith, M. and Contini, E. Submission to the Senate Legal and Constitutional Committee regarding the Inquiry into the Marriage Equality Amendment Bill 2009, September 2009.
    Full Submission
  • Sifris, A., Gerber, P., and Richmond, A. Submission to the Parliament of New South Wales Legislative Council Standing Committee on Law and Justice regarding the 'Inquiry into Adoption by Same Sex Couples', February 2009.
    Full Submission
  • 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.