Australia's Universal Periodic Review 2014 Progress Report

References

1^ Australian Human Rights Commission, Australia's Universal Periodic Review on human rights – Annual Progress Reports. At https://www.humanrights.gov.au/australias-universal-periodic-review-human-rights (viewed 18 November 2014).

2^ Office of the High Commissioner for Human Rights, UPR Sessions. At http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRSessions.aspx (viewed 18 November 2014).

3^ Australian Citizenship and Other Legislation Amendment Bill 2014 (Cth).

4^ Department of Foreign Affairs and Trade, Human Rights – Australia’s Multilateral Initiatives. At http://www.dfat.gov.au/issues/human-rights/ (viewed 23 November 2014).

5^ Department of Foreign Affairs and Trade, Human Rights – Australia and Human Rights. At http://www.dfat.gov.au/issues/human-rights/ (viewed 23 November 2014).

6^ Human Rights Council, Report of the Working Group on the Universal Periodic Review – Australia, UN Doc A/HRC/17/10 (2011), para 88. At http://www.ohchr.org/EN/HRBodies/UPR/Pages/AUSession10.aspx (viewed 24 November 2014).

7^ Human Rights Council, Report of the Working Group on the Universal Periodic Review – Australia, UN Doc A/HRC/17/10, Recommendations 1, 4 and 6. At http://www.ohchr.org/EN/HRBodies/UPR/Pages/AUSession10.aspx (viewed 25 November 2014).

8^ Powers of inspection: Corrections Management Act 2007 (ACT) s 6; Children and Young People Act 2008 (ACT) s 153. Own-motion reviews: Human Rights Commission Act 2005 (ACT) ss 14(1)(e) and 48 and Human Rights Act 2004 (ACT) s 41.

9^ Australian Human Rights Commission, Information concerning Australia’s compliance with the Convention Against Torture. At https://www.humanrights.gov.au/our-work/legal/submissions/submissions-united-nations (viewed 24 November 2014).

10^ N Pillay, Strengthening the United Nations human rights treaty body system. A report by the United Nations High Commissioner for Human Rights (2012). At http://www.ohchr.org/EN/HRBodies/HRTD/Pages/TBStrengthening.aspx (viewed 23 November 2014).

11^ Strengthening and enhancing the effective functioning of the human rights treaty body system, GA Resolution 68/268, UN Doc A/Res/68/268 (2014). At http://www.ohchr.org/EN/HRBodies/HRTD/Pages/TBStrengthening.aspx (viewed 23 November 2014).

12^ Human Rights Act 2004 (ACT). At http://www5.austlii.edu.au/au/legis/act/consol_act/hra2004148/ (viewed 23 November 2014); Charter of Human Rights and Responsibilities Act 2006 (Vic). At http://www5.austlii.edu.au/au/legis/vic/consol_act/cohrara2006433/ (viewed 23 November 2014).

13^ Professor Gillian Triggs, Free speech and human rights in Australia (Speech delivered at the Free Speech 2014 Symposium, Ultimo, 7 August 2014). At https://www.humanrights.gov.au/news/speeches/free-speech-and-human-rights-australia (viewed 23 November 2014).

14^ Australian Government, Australian Human Rights Framework (2010). At http://www.ag.gov.au/Consultations/Documents/Publicsubmissionsonthedraftbaselinestudy/AustraliasHumanRightsFramework.pdf (viewed 5 December 2014).

15^ Parliamentary Joint Committee on Human Rights, Committee Reports. At http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Completed_inquiries (viewed 24 November 2014).

16^ Parliamentary Joint Committee on Human Rights, Review of Stronger Futures in the Northern Territory Act 2012 and related legislation. At http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Committee_Inquiries/strongerfutures2 (viewed 24 November 2014).

17^ Australian Government, National Action Plan on Human Rights, p 5. At http://www.ag.gov.au/Consultations/Documents/NationalHumanRightsActionPlan/National%20Human%20Rights%20Plan.pdf (viewed 23 November 2014).

18^ Australian Government, National Human Rights Action Plan, p 81. At http://www.ag.gov.au/Consultations/Documents/NationalHumanRightsActionPlan/National%20Human%20Rights%20Plan.pdf (viewed 23 November 2014).

19^ ACT Human Rights Commission, Ten Years of the ACT Human Rights Act: Continuing the Dialogue Conference. At http://www.hrc.act.gov.au/humanrights/ (viewed 24 November 2014).

20^ See generally Recommendations 23, 24, 36-37, 53, 60, 72, 80, 90, 92, 101, 104-111, 114–120.

21^ Recommendations 106 and 107.

22^ Australian Human Rights Commission, Social Justice Report 2014, p 162. At https://www.humanrights.gov.au/publications/social-justice-and-native-title-report-2014 (viewed 3 December 2014).

23^ Australian Human Rights Commission, Social Justice Report 2014, p 162. At https://www.humanrights.gov.au/publications/social-justice-and-native-title-report-2014 (viewed 3 December 2014).

24^ Australian Government, Budget 2014-15: Budget Measures, Budget Paper No 2 (2014), p 185. At http://budget.gov.au/2014-15/content/bp2/download/BP2_consolidated.pdf (viewed 16 October 2014).

25^ Outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, GA Res 66, UN Doc No A/69/L.1, 2014, paras 7-8. At http://wcip2014.org/wp-content/uploads/2014/09/N1453491-WCIP-FINAL-DOCUMENT-EN.pdf (viewed 25 November 2014).

26^ Recommendations 104, 105, 106 and 107.

27^ Close the Gap Campaign, Statement of Intent. At http://www.humanrights.gov.au/publications/closegap-indigenous-health-equality-summit-statement-intent (viewed 26 November 2014).

28^ Australian Government, Closing the Gap Prime Minister’s Report 2014. At http://www.dpmc.gov.au/PUBLICATIONS/index.cfm (viewed 26 November 2014).

29^ Productivity Commission, Overcoming Indigenous Disadvantage: Key Indicators 2014. At http://www.pc.gov.au/gsp/overcoming-indigenous-disadvantage/key-indicators-2014 (viewed 4 December 2014).

30^ C Cunneen, ‘Preventing Violence against Indigenous Women through Programs which Target Men’, University of New South Wales Law Journal, (2005), p 242.

31^ Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage: Key Indicators (2009), p 26. At http://www.pc.gov.au/__data/assets/pdf_file/0003/90129/key-indicators-2009.pdf (viewed 8 January 2015).

32^ Recommendations 90, 92, 93 and 95.

33^ The rate of imprisonment for the general population rate of 188 per 100,000 (based on average daily imprisonment rate): Australian Bureau of Statistics (ABS), Corrective Services Australia June Quarter 2014, 4512.0 (September 2014). At http://www.abs.gov.au/ausstats/abs@.nsf/mf/4512.0?OpenDocument (viewed 26 September 2014).

34^ Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage: Key Indicators 2014, Productivity Commission (2014), p.4.12. At http://www.pc.gov.au/research/recurring/overcoming-indigenous-disadvantage/key-indicators-2014 (viewed 8 January 2015).

35^ Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage: Key Indicators 2011, Productivity Commission (2011), p 4.132. At http://www.pc.gov.au/gsp/overcoming-indigenous-disadvantage/key-indicators-2011 (viewed 14 October 2014).

36^ Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage: Key Indicators 2011, Productivity Commission (2011), p 4.132. At http://www.pc.gov.au/gsp/overcoming-indigenous-disadvantage/key-indicators-2011 (viewed 14 October 2014).

37^ Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage: Key Indicators 2014, Productivity Commission (2014), p.4.12.1 At http://www.pc.gov.au/research/recurring/overcoming-indigenous-disadvantage/key-indicators-2014 (viewed 8 January 2015).

38^ Steering Committee for the Review of Government Service Provision, Overcoming Indigenous Disadvantage: Key Indicators 2014, Productivity Commission (2014), p.4.12.1 At http://www.pc.gov.au/research/recurring/overcoming-indigenous-disadvantage/key-indicators-2014 (viewed 8 January 2015).

39^ Senate Legal and Constitutional Affairs Committee, Value of a justice reinvestment approach to criminal justice in Australia (2013), p 124. At http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed_inquiries/2010-13/justicereinvestment/report/index (viewed 8 January 2015).

40^ Senate Legal and Constitutional Affairs Committee, Value of a justice reinvestment approach to criminal justice in Australia (2013), p 125. At http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed_inquiries/2010-13/justicereinvestment/report/index (viewed 8 January 2015).

41^ Victorian Equal Opportunity and Human Rights Commission, Unfinished business: Koori women and the justice system (2013). At http://www.humanrightscommission.vic.gov.au/index.php/our-resources-and-publications/reports/item/679-unfinished-business-koori-women-and-the-justice-system (viewed 14 October 2014).

42^ Department of Justice, Victorian Aboriginal Justice Agreement. At http://www.justice.vic.gov.au/home/your+rights/aboriginal+justice+agreement/victorian+aboriginal+justice+agreement (viewed 14 October 2014).

43^ The Aboriginal Justice Forum is a coordinating body made up of government agencies and the Aboriginal community, which meets regularly to oversee the implementation of the AJA3. The Koori Caucus of the Aboriginal Justice Forum is comprised of representatives of the Aboriginal community.

44^ Australian Human Rights Commission, President reports on KA, KB, KC and KD v Commonwealth (Department of Prime Minister and Cabinet, Department of Social Services, Attorney-General’s Department) [2014] AusHRC 80. At https://www.humanrights.gov.au/news/media-releases/president-reports-ka-kb-kc-and-kd-v-commonwealth-department-prime-minister-and (viewed 5 December 2014).

45^ The five National Women’s Alliances (the Alliances) represent over 180 women’s organisations. See Department of the Prime Minister and Cabinet, Engaging with Women’s Organisations, https://www.dpmc.gov.au/office-women/wlds-and-grants/national-womens-alliances (viewed 8 January 2015).

46^ Workplace Gender Equality Agency, Australia’s gender equality scorecard (November 2014), p 3. At https://www.wgea.gov.au/sites/default/files/2013-14_summary_report_website.pdf (viewed 5 December 2014).

47^ For example, the Action Plan to Address Violence against Women and Children 2012-2015 by the Victorian Government. Victorian Government, Victoria’s Action Plan to Address Violence against Women and Children 2012-2015 (2012). At http://www.dhs.vic.gov.au/about-the-department/plans,-programs-and-projects/plans-and-strategies/women/action-plan-to-address-violence-against-women-and-children (viewed 10 October 2014).

48^ A Morozow, ‘ACT women with disabilities offered way to escape domestic violence’ (ABC News, 5 August 2015). At http://www.abc.net.au/news/2014-08-05/new-service-for-women-with-disabilities/5650490 (viewed 13 October 2014).

49^ Australian Human Rights Commission, Supporting Working Parents: Pregnancy and Return to Work National Review – Report (2014), p 8. At https://www.humanrights.gov.au/publications/supporting-working-parents-pregnancy-and-return-work-national-review-report (viewed 10 December 2014).

50^ Australian Human Rights Commission, Investing in Care: Recognising and valuing those who care. Volume 1: Research Report (2013), pp 10-15. At https://www.humanrights.gov.au/sites/default/files/UnpaidCaringVolume1_2013.pdf (viewed 5 December 2014).

51^ Attorney-General for Australia, Minister for the Arts and Minister for Social Services, ‘Child Abuse Royal Commission granted a two year extension’, (Media Release 2 September 2014). At http://www.attorneygeneral.gov.au/Mediareleases/Pages/2014/ThirdQuarter/2September2014-ChildAbuseRoyalCommissionGrantedATwoYearExtension.aspx (viewed 26 November 2014).

52^ Commission for Children and Young People, Inquiry into the adequacy of the provision of services to children and young people who have been subjected to sexual exploitation or sexual abuse whilst residing in residential care. At http://www.ccyp.vic.gov.au/ (viewed 8 December 2014).

53^ Australian Bureau of Statistics (ABS), Disability, Ageing and Carers, Australia: Summary of Findings, 2012, 4430.0 (2012). At http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/E82EBA276AB693E5CA257C21000E5013?opendocument (viewed 26 November 2014).

54^ Australian Bureau of Statistics (ABS), Disability, Ageing and Carers, Australia: Summary of Findings, 2012, 4430.0 (2012). At http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/E82EBA276AB693E5CA257C21000E5013?opendocument (viewed 26 November 2014).

55^ Australian Public Service Commission, Workplace Diversity Report 2000–01 (2001) p 73. At http://www.apsc.gov.au/publications-and-media/print-only (viewed 23 October 2013); Australian Public Service Commission, State of the Service Report, State of the Services Series 2013–14 (2014) p 209. At http://www.apsc.gov.au/publications-and-media/current-publications/state-of-the-service/state-of-the-service-2013-14 (viewed 4 December 2014).

56^ Australian Government, Review of the Disability Standards for Accessible Public Transport 2002 – Draft Report, Department of Infrastructure and Regional Development (May 2014). At http://www.infrastructure.gov.au/transport/disabilities/review/2012.aspx (viewed 4 December 2014).

57^ United Nations Committee Against Torture, Concluding observations on the fourth and fifth periodic

reports of Australia – Advanced Unedited Version. At http://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/AUS/CAT_C_AUS_CO_4-5_18888_E.pdf (viewed 5 December 2014).

58^ Australian Human Rights Commission, Equal before the law: Towards disability justice strategies (February 2014), p 11. At http://www.humanrights.gov.au/sites/default/files/document/publication/2014_Equal_Before_the_Law.pdf (viewed 13 October 2014).

59^ Attorney-General’s Department, Disability Justice Plan 2014-2017. At http://www.agd.sa.gov.au/initiatives/disability-justice-plan (viewed 13 October 2014).

60^ Victorian Equal Opportunity and Human Rights Commission, Beyond Doubt: the Experiences of People with Disabilities Reporting Crime (2014). At http://www.humanrightscommission.vic.gov.au/index.php/our-resources-and-publications/reports/item/894-beyond-doubt-the-experiences-of-people-with-disabilities-reporting-crime (viewed 14 October 2014).

61^ Detention can occur in prisons in Western Australia under the Criminal Law (Mentally Impaired Accused) Act 1996 (WA) and in the Northern Territory under the Criminal Code Act 1983 (NT), Part IIA. Detention occurs in psychiatric hospitals in Queensland under the Mental Health Act 2000 (Qld) and the Forensic Disability Act 2011 (Qld) and in Tasmania under the Tasmania Criminal Justice (Mental Impairment) Act 1999 (Tas).

62^ Australian Human Rights Commission, Social Justice and Native Title Report 2013 (2013), p. 55. At http://www.humanrights.gov.au/publications/aboriginal-and-torres-strait-islander-social-justice?source=our-work (viewed 14 October 2014).; Australian Human Rights Commission, Equal before the law: Towards disability justice strategies (February 2014), pp 12-13. At http://www.humanrights.gov.au/sites/default/files/document/publication/2014_Equal_Before_the_Law.pdf (viewed 13 October 2014).

63^ Australian Human Rights Commission, Twenty Years: Twenty Stories: Presumed Guilty. At http://www.humanrights.gov.au/twentystories/videos.html (viewed 14 October 2014).

64^ Australian Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, ALRC Report 124. At https://www.alrc.gov.au/publications/equality-capacity-disability-report-124 (viewed 26 November 2014).

65^ Australian Human Rights Commission, Sogi’s Story. At http://www.humanrights.gov.au/news/stories/sogis-story (viewed 26 November, 2014).

66^ Sex Discrimination Act 1984 (Cth) ss 5A, 5B and 5C.

67^ Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014 (Vic).

68^ Australian Human Rights Commission Paper on surgery on intersex infants and human rights (July 2009). At: https://www.humanrights.gov.au/surgery-intersex-infants-and-human-rights-2009 (viewed 17 October 2014).

69^ Recommendation 123.

70^ Recommendation 127.

71^ Department of Immigration and Border Protection Immigration Detention and Community Statistics Summary 31 October 2014 (2014) At http://www.immi.gov.au/About/Documents/detention/immigration-detention-statistics-oct2014.pdf (viewed 24 November 2014).

72^ Department of Immigration and Border Protection Immigration Detention and Community Statistics Summary 31 October 2014 (2014), p 10. At http://www.immi.gov.au/About/Documents/detention/immigration-detention-statistics-oct2014.pdf (viewed 24 November 2014).

73^ Department of Immigration and Border Protection Immigration Detention and Community Statistics Summary 31 October 2013 (2013), p 10: As at 31 October 2014 68.4% of those in detention have been detained for more than one year as at that date. In comparison, at the same time last year only 5% of people had been held for more than a year. At http://www.immi.gov.au/managing-australias-borders/detention/_pdf/immigration-detention-statistics-oct2013.pdf (viewed 24 November 2014).

74^ See Commonwealth Ombudsman, Suicide and Self-harm in the Immigration Detention Network (2013), part 6. At http://www.ombudsman.gov.au/files/suicide_and_self-harm_in_the_immigration_detention_network.pdf (viewed 4 December 2014); Australian Human Rights Commission, ‘New Mothers on Suicide Watch on Christmas Island’ (24 July 2014). At http://www.humanrights.gov.au/news/stories/new-mothers-suicide-watch-christmas-island (viewed 4 December 2014); L Elliott, Report to the Australian Human Rights Commission Inquiry into the Impact of Immigration Detention on Christmas Island: Christmas Island Visit, July 14^th to July 17^th 2014, p 13. At http://www.humanrights.gov.au/our-work/asylum-seekers-and-refugees/national-inquiry-children-immigration-detention-2014/expert (viewed 4 December 2014).

75^ UNHCR, UNHCR Monitoring Visit to Manus Island, Papua New Guinea, 11–13 June 2013 (2013). At www.refworld.org/docid/51f61ed54.html (viewed 24 November 2014); UNHCR Mission to the Republic of Nauru, 3–5 December 2012 (2013). At www.refworld.org/docid/50cb24912.html (viewed 24 November 2014).