Sentences with phrase «racial discrimination act»

of «Draft guidelines for ensuring income management measures are compliant with the Racial Discrimination Act»

The Commission undertakes a wide range of activities to build awareness about the rights and responsibilities that individuals and organisations have under the Racial Discrimination Act.

Sections 9 (1) and 9 (1A) of the Racial Discrimination Act 1975 (Cth)(RDA) provide broad prohibitions against acts that are directly or indirectly discriminatory on the basis of race, colour, descent or national or ethnic origin.

For example, the Racial Discrimination Act 1975 (Cth)(RDA) has been compromised on three occasions: each time it has involved Aboriginal and Torres Strait Islander issues, and on one occasion it has involved the Native Title Act.

The Racial Discrimination Act aims to ensure that Australians of all backgrounds are treated equally and have the same opportunities.

In Australia, protections against discrimination on a number of grounds including race, colour, descent, or national or ethnic origin, are provided through the Racial Discrimination Act 1973 (Cth)(RDA).

By Notice of Motion filed 1 May 2002, the Human Rights and Equal Opportunity Commission («the Commission») seeks leave to intervene at the hearing of the appeal pursuant to para 11 (1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 and para 20 (1)(e) of the Racial Discrimination Act 1975 («RDA»).

I also analyse the importance of consultation and consent to the development of a «special measure» under the Racial Discrimination Act 1975 (Cth).

While States and Territories are given immunity from the operation of the Racial Discrimination Act by the Native Title Act, they are not required by the Native Title Act to enact discriminatory legislation extinguishing native title in respect of the tenures specified therein.

This could have an important impact on the native title system — we have seen before how easily the Racial Discrimination Act 1975 (Cth) can be suspended and the Native Title Act amended to our detriment.

One of the recommendations of the Report of the NTER Review Board was that the Government ensure that all actions affecting Aboriginal communities respect Australia's human rights obligations and conform with the Racial Discrimination Act 1975 (Cth)(RDA).

Recommendations on human rights: Government actions affecting Aboriginal communities respect Australia's human rights obligations and conform with the Racial Discrimination Act 1975.

The Commission is established and operates under the Australian Human Rights Commission Act 1986 (Cth) and exercises functions under the following legislation: Racial Discrimination Act 1975 (Cth); Sex Discrimination Act 1983 (Cth); Disability Discrimination Act 1992 (Cth); Age Discrimination Act 2005 (Cth) and Native Title Act 1993 (Cth).

I am not aware of any complaint being made under, or by reference to, the Racial Discrimination Act in relation to either the Western Australian or the Northern Territory mandatory detention laws.

In the Social Justice Commissioner's view, based on these principles and the interpretation of them in Australian courts, Aboriginal Customary Law could be recognised as a legitimate differentiation of treatment that does not offend the prohibition of racial discrimination in sections 9 or 10 of the Racial Discrimination Act 1975 (Cth).

In addition, the performance of functions and the exercise of powers conferred by or authorised by the NTA must be in conformity with the Racial Discrimination Act (the «RDA»).

For example, they have stated that «Observing the integrity of the Racial Discrimination Act is a basic principle for this country and a basic principle for the Indigenous community of this country».

[5] Australian Human Rights Commission, Submission to the Senate Community Affairs Committee: Inquiry into the Welfare Reform and Reinstatement of Racial Discrimination Act Bill 2009 and other Bills (2010).

The manner in which governments issue section 29 notices is consequently governed by the provisions of the Racial Discrimination Act 1975, including decisions regarding whether to exercise or permit any of the exceptions to the right to negotiate allowable under the NTA.

Section 7 (2)(b) provides that any ambiguous terms in the NTA should be construed consistently with the Racial Discrimination Act 1975 if that construction would remove the ambiguity.

The RDA and the Draft guidelines for income management measures under the Racial Discrimination Act (issued by the Commission in November 2009)(the Draft Guidelines)(see Appendix A)

The Racial Discrimination Act 1975 (Clth)(«RDA») was enacted pursuant to the Commonwealth's external affairs power and implements Australia's international obligations under ICERD.

The High Court has identified four requirements that must be met for a program or action to qualify as a special measure under the Racial Discrimination Act.

The Australian Human Rights Commission (the Commission) makes this submission to the Senate Community Affairs Committee Inquiry into the Welfare Reform and Reinstatement of Racial Discrimination Act Bill 2009 and other Bills.

If the provision of essential services is withheld pending agreement to head lease agreements, this may constitute racial discrimination under s 9 of the Racial Discrimination Act (1975)(Herein RDA).

In November 2009, the Commission issued Draft guidelines for ensuring income management measures are compliant with the Racial Discrimination Act (Draft Guidelines).

[49] Department of Families, Housing, Community Services and Indigenous Affairs, Policy Statement: Landmark Reform to the Welfare System, Reinstatement of the Racial Discrimination Act and Strengthening of the Northern Territory Emergency Response (2009), p 6.

Where this is the case they should, as a matter of law as well as principle, exercise their powers under the NTA consistently with relevant international human rights instruments, and in particular the prohibition on racial discrimination found in the ICERD and Australia's Racial Discrimination Act.

«I analyse the relevance of consultation and consent to the design and implementation of «special measures» under the Racial Discrimination Act and then considerthe consultation processes in relation to two law reform initiatives recently pursued by the Australian Government,» Commissioner Gooda said.

That the Parliament immediately repeal the following provisions that exempt the NT measures from the protections of the Racial Discrimination Act 1975 (Cth):

Ultimately, the use of the ABA funds as payment for a government initiative may constitute racial discrimination under s 9 of the Racial Discrimination Act (1975).

The NTA also displaces, to the extent of any inconsistency, the only explicit protection against the discriminatory exercise of sovereign power against the Indigenous inhabitants, the Racial Discrimination Act 1975 (Commonwealth)(RDA).

The Racial Discrimination Act (RDA) is the principle piece of domestic legislation that implements Australia's obligations under CERD... the RDA is an ordinary enactment of the Commonwealth Parliament.

Further, if the Government proceeds with legislative or policy change relating to the proposals set out in the Discussion Paper, such legislation or policy must be consistent with the provisions of the Racial Discrimination Act 1975 (Cth).

Inquiry into the Welfare Reform and Reinstatement of Racial Discrimination Act Bill 2009 and other Bills

8 The preamble to the Racial Discrimination Act 1975 (Cth) states that the purpose of the Act is «to make provision for giving effect to the Convention» (ie.

(59) The application of the principle of formal equality by the High Court in this case to the Racial Discrimination Act 1975 (Cth) has received extensive criticism.

An objective human rights appraisal of the Northern Territory Emergency Response (NTER) measures indicates significant concerns, even in light of the recent reinstatement of the Racial Discrimination Act 1975 (Cth).

The provisions of this Act do not authorise conduct that is inconsistent with the provisions of the Racial Discrimination Act 1975».

In Australian law, the Racial Discrimination Act 1975 (Cth) faithfully implements the Racial Discrimination Convention.

Recommendation 5: Subject the NT intervention measures to the safeguards of the Racial Discrimination Act 1975 (Cth)

Quoted in Pritchard, S, «Special Measures» in Race Discrimination Commissioner, The Racial Discrimination Act: A review, HREOC, Canberra, 1995, p186.

It is by reference to the Racial Discrimination Act and through its complaint mechanisms that any issue regarding race discrimination in Australia should be handled.

[71] Explanatory Memorandum, Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Bill 2009 (Cth), p 75.

The argument that mandatory sentencing is appropriately a domestic issue that should be dealt with under the Racial Discrimination Act 1975 (Cth)(RDA) misunderstands the scope of the Act.

It is particularly concerned at the negative impact of the NTER measures on the enjoyment of the rights of indigenous peoples and at the fact that they suspend the operation of the Racial Discrimination Act 1975 and were adopted without adequate consultation with the indigenous peoples.

First, the government must turn its mind to the justifications for introducing specific forms of recognition (to ensure that they do not breach section 9 of the Racial Discrimination Act 1975 (Cth)-RRB- to ensure that they are appropriate and justifiable measures (either as a special measure or a legitimate differentiation of treatment).

The Queensland government should give very careful consideration to whether the proposed declarations may be invalid by operation of section 10 of the Racial Discrimination Act 1975 (Cth)(RDA).

In addition, section 7 (2)(a) of the Act requires that «the provisions of the Racial Discrimination Act 1975 apply to the performance of functions and the exercise of powers conferred by or authorised by this Act».

This guideline will help employers to use the «special measure» provisions in the federal Racial Discrimination Act 1975 (Cth) and state and territory discrimination laws, to target Aboriginal and Torres Strait Islander people for recruitment.