Sentences with phrase «australian law»

I also argued that the extinguishment of native title, as it occurs under Australian law, is racially discriminatory both under domestic law and at international law.

The criteria for extinguishment laid down by Australian law mean that in large parts of Australia native title has been extinguished.

As a party to seven of the major human rights treaties, [14] Australia has made a commitment to the international community to respect, protect and fulfil our human rights in Australian law and practice.

Indigenous peoples have a distinct connection to land and have fought tirelessly to have their ownership recognised in Australian law - with native title recognition occurring only 13 years ago.

Thirdly, Australian law in appropriate circumstances recognises the principles of international law.

[69] Australian law recognises women's right to freedom from violence and to equal enjoyment of positive human rights such as the right to education and to seek employment.

Finally, please note that this guideline is designed to address the requirements under Australian law for the specific «special measure» of targeted recruitment of Aboriginal and Torres Strait Islander people.

As a party to seven of the major human rights treaties, [26] Australia has already made a commitment to the international community to respect, protect and fulfil our human rights in Australian law and practice.

The Australian Law Reform Commission identified»... the acceptability of the proposals to the local community as a whole...» as one of four criteria by which the suitability of local justice mechanisms should be assessed.

The international legal approach to equality is one of substantive rather than formal equality: G Triggs, «Australia's Indigenous Peoples and International Law» (1999) 23 Melbourne University Law Review 372 at 379 - 381; also Australian Law Reform Commission, Recognition of Aboriginal Customary Laws, Report No 31 (1986) paras 150, 158.

Australian Law Reform Commission The Recognition of Aboriginal Customary Laws: Summary Report Report No 31 AGPS Canberra 1986, 70.

Australian law should respect Anmatyerre Law so we can share responsibility for looking after water.

Australian law and policy has identified water as a finite resource that needs to be regulated.

(c) subject to any order of a court for the time being in force, a person who has parental responsibility for a child because of the operation of this Act or another Australian law and is responsible for the day ‑ to ‑ day or long ‑ term care, welfare and development of the child should be regarded as having rights of custody in respect of the child; and

Photo / painting above: Eddie Koiki Mabo (c. 29 June 1936 — 23 January 1992) from the Torres Strait Islands known for his role in campaigning for Indigenous land rights and for his role in a landmark decision of the High Court of Australia which overturned the legal doctrine of terra nullius («land belonging to nobody») which characterised Australian law with regard to land and title

guarantee that all special measures in Australian law, in particular those regarding the NTER, are in accordance with the Committee's general recommendation No. 32 (2009) on the meaning and scope of special measures.

[3] Australian Law Reform Commission, Review of the Native Title Act 1993 (IP 45).

Under Australian law, it has been recognised that the wishes of the intended beneficiaries are of great importance in establishing whether a measure is a special measure.

The present state of Australian law of native title, both common law and statute, falls well short of international human rights standards.

A major new report from the Australian Law Reform Commission, responding to a February 2017 brief by former Attorney General George Brandis, calls for national criminal justice targets and for governments to support justice reinvestment trials.

Indigenous law... continue [s] to operate regardless of the intrusions of Australian law.

The first step in the recognition of Indigenous rights to land in Australian law was taken by the High Court in the Mabo (No 2) decision in 1992.

Another factor which has postponed the resolution of the debate as to whether the extinguishment of native title as it occurs under Australian law is discriminatory, is that there has been a high level of uncertainty around the two important components essential to its determination: first the interpretation that the High Court would give to the extinguishment provisions of the NTA and its relationship with extinguishment at common law; and second the meaning of discrimination as it applies to native title.

[35] See generally, Australian Law Reform Commission, The Recognition of Aboriginal Customary Laws, Report No 31 (1986).

[10] Australian Law Reform Commission and the Human Rights and Equal Opportunity Commission, Seen and heard: priority in the legal process (1997)(Seen and heard).

In turn, their cultural, religious, property and governance rights, recognised at international law and embodied in this relationship, fail to be recognised and protected under Australian law.

... as a result of the criteria laid down under Australian law for extinguishment of native title, the native title of the Yawuru community was partially or totally extinguished in relation to significant parts of the Yawuru claim area.

In the Native Title Report 2005 and the Native Title Report 2007, the Aboriginal and Torres Strait Islander Social Justice Commissioner expressed his support for the Australian Law Reform Commission's (ALRC's) recommendations to amend the rules of evidence for proving Aboriginal and Torres Strait Islander traditional law and custom.6

The Racial Discrimination Act (1975)(RDA) is the enactment in Australian law of most of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).17 It prohibits racial discrimination at two levels.

The Australian Law Reform Commission report Pathways to Justice provides the Attorney - General and the Federal Government with a once - in - a-generation opportunity to halt soaring over-imprisonment of Aboriginal and Torres Strait Islander people.

Australian law does not provide sufficient protection to Aboriginal heritage sites as is required under Article 27.

The principle of non-discrimination on the grounds of race is a bedrock principle of Australian law and practice.

Australian law should guarantee effective Indigenous representation in resource heritage committees.

Whether Australian law would recognise the native title of other native title claimants grouped differently, was not decided.

These two levels are not independent but work together in determining the full extent of extinguishment under Australian law.

Australian law is not yet fully settled on the question of the significance of «consultation» and «consent» to the development and implementation of a special measure.

It has the status of a peremptory norm, ius cogens, from which no derogation is permitted.15 It is, in particular, embodied in the International Convention on the Elimination of All Forms of Racial Discrimination (1965), which in turn has been legislated into Australian law by the Racial Discrimination Act 1975 (Cth)(RDA).16

The Western Australian Law Reform Commission has developed a set of principles which provide a firm foundation for effective protection of Indigenous traditional knowledge.

Native title, as it is framed within Australian law, will always give way to non-Indigenous rights.

The central issue in this debate is whether the extinguishment of native title as it occurs under Australian law is racially discriminatory.

A recent post at Croakey highlighted the major findings of the Australian Law Reform Commission» s Pathways to Justice report on the over-incarceration of Aboriginal and Torres Strait Islander people.

In his next article for the #JustJustice series, he will explore whether decolonising Australian law will assist in Aboriginal and Torres Strait Islander people in attaining justice.

Last week the Federal Government announced it would ask the Australian Law Reform Commission to examine the factors leading to the over representation of Aboriginal and Torres Strait Islander people in our prison system, and consider what reforms to the law could «ameliorate this national tragedy».

Australian law does not look at whose fault it is that the marriage broke down when considering a divorce application.

violence — physical and emotional violence against a current or former partner is unacceptable in Australian society and under Australian law.

Find out about step - parenting and Australian law, including parental responsibility, child support, custody and inheritance.

We confirm that we have not been consulted in relation to the contents of the Bill... and that we have not given consent to the Bill in any form which might be construed as sanction to its passage into Australian law.

The decision of the High Court of Australia in 1992 in Mabo v Queensland (No 2)[20] transformed the foundations of Australian law.

We have endeavoured to contribute during the past two years to the public deliberations of Native Title entitlements in Australian law.

In 1986 the Australian Law Reform Commission completed a ten year inquiry into processes for recognising Aboriginal Customary Law.