Submissions – Fair Hearing

Retrospective Deterring People Smuggling Bill violates human rights and the rule of law (9 Nov 2011)

The Deterring People Smuggling Bill 2011 was introduced into Parliament on 1 November 2011. On 3 November 2011 the Senate referred the Bill for inquiry and report. The Bill amends the people smuggling offences in the Migration Act 1958. Existing sections 233A and 233C of the Migration Act establish a primary people smuggling offence and [...]

Australia has Legal Obligation to Implement Key Human Rights Reforms (1 April 2011)

The Australian Government has a legal obligation to implement key human rights reforms, according to a new submission from the Human Rights Law Centre [submission and annexure]. The submission to the Commonwealth Attorney-General’s Department considers each of 145 recommendations made to Australia by the international community during Australia’s Universal Periodic Review before the UN Human [...]

Access to Justice: Submission to Senate Legal and Constitutional Committee on Civil Dispute Resolution Bill 2010 (29 Oct 2010)

On 29 October 2010, the Human Rights Law Resource Centre and the PILCH Homeless Persons’ Legal Clinic made a joint submission to the Senate Legal and Constitutional Affairs Committee on the Civil Dispute Resolution Bill 2010.  The Bill: requires civil litigants to take genuine steps to resolve disputes before legal proceedings are instituted in the [...]

VCAT Practice Note on Fair Hearing Obligation (29 September 2010)

On 24 September 2010, the HRLRC and the PILCH Homeless Persons’ Legal Clinic made a joint submission to the President of the Victorian Civil and Administrative Tribunal (VCAT) on the important role that the Tribunal plays in protecting the right to a fair hearing and facilitating access to justice in Victoria.  VCAT President, Justice Iain Ross AO, [...]

Universal Periodic Review: Joint NGO Report on Australia (12 July 2010)

Australia is to be reviewed by the UN Human Rights Council through the Universal Periodic Review process in January 2011. A coalition of 68 NGOs - coordinated by the Human Rights Law Resource Centre, Kingsford Legal Centre and the National Association of Community Legal Centres - has submitted a 5 page Report to the UN Human Rights Council [...]

ICCPR: NGO Reports for UN Human Rights Committee Review of Australia (March 2009)

The UN Human Rights Committee will review the state of human rights in Australia in March 2009 in New York. On 16 and 23 March, the Committee will be briefed by a coalition of leading Australian human rights organisations, including the Human Rights Law Resource Centre, the National Association of Community Legal Centres and Amnesty International.  [...]

Civil Justice: Submission to Inquiry into Vexatious Litigants (April 2008)

In April 2008 the Victorian Parliament Law Reform Committee released an issues paper calling for public submissions into its inquiry on vexatious litigants.  The terms of reference for this inquiry included an examination of the efficacy of current vexatious litigant legislation.  Since 1928 only 14 people have been declared vexatious litigants in Victoria. The Centre, together [...]

Fair Hearing: Submission to UN Human Rights Committee on General Comment No 32 on the Right to a Fair Hearing (Aug and Jan 2007)

On 21 August 2007, the UN Human Rights Committee released General Comment No 32 on the right to equality before courts and tribunals and to a fair trial under art 14 of the ICCPR. General Comment No 32 will be an important source of guidance on the interpretation and application of s 24 of the [...]