Category Archives: Human Rights

Sex Discrimination Act 1984 (Cth) | 1 August 1984

ON 1 AUGUST 1984, the Commonwealth Sex Discrimination Act 1984 commenced.

http://www.austlii.edu.au/au/legis/cth/consol_act/sda1984209/

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NSW Civil and Administrative Tribunal

The NSW Civil and Administrative Tribunal (NCAT)http://www.ncat.nsw.gov.au/ncat/index.html commenced on 1 January 2014 pursuant to the NSW Civil and Administrative Act 2013 and Civil and Administrative Regulation 2013.

The NCAT takes over the functions of 22 former state tribunals, including:

  • Aboriginal and Torres Strait Islander Health Practice Tribunal
  • Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal
  • Administrative Decisions Tribunal
  • Charity Referees
  • Consumer, Trader and Tenancy Tribunal
  • Dental Tribunal
  • Guardianship Tribunal
  • Chinese Medicine Tribunal
  • Chiropractic Tribunal
  • Medical Radiation Practice Tribunal
  • Medical Tribunal
  • Nursing and Midwifery Tribunal
  • Occupational Therapy Tribunal
  • Optometry Tribunal
  • Osteopathy Tribunal
  • Pharmacy Tribunal
  • Physiotherapy Tribunal
  • Podiatry Tribunal
  • Psychology Tribunal
  • Local Government Pecuniary Interest and Disciplinary Tribunal
  • Local Land Boards
  • Victims Compensation Tribunal (transferred into the ADT in June 2013)
  • Vocational Training Appeals Panel.

The NCAT is constituted by a President (a Supreme Court judge), Deputy Presidents of each of the four divisions, a Principal Registrars and Members including Principal Member, Senior Members and General Members.

The NCAT has four divisions:

  • Administrative and Equal Opportunity, which deals with review of administrative decisions of government agencies and resolution of discrimination matters.
  • Consumer and Commercial, which deals with a broad number of disputes about the supply of goods and services, including agent commissions and fees; agricultural tenancies; boarding houses; consumer claims; conveyancing costs; dividing fences; holiday parks (long-term occupancy); home building; motor vehicles; pawnbrokers and second-hand dealers; residential parks; retail leases; retirement villages; social housing; strata and community schemes; tenancy; travel compensation fund appeals.
  • Guardianship, which has jurisdiction over people who live in NSW or hold property or financial assets in NSW: to make guardianship orders for the appointment of a private or public guardian; make financial orders for a private or public financial manager; provide consent for medical or dental treatment; review enduring powers of attorney; review an enduring guardianship appointment; approve a clinical trial involving people with decision-making disabilities.
  • Occupational, including: administrative review of licensing decisions with respect to transport drivers/operators, security guards, builders, real estate agents, motor dealers and repairers, pawnbrokers and second hand dealers, stock and station agents, business agents, travel agents, valuers and licenced conveyancers; professional discipline of occupations governed by a statutory council, board, panel or authority.

The current President is Justice Robertson Wright SC and the Deputy-Presidents are Magistrate Nancy Hennessy, Mr M D Schyvens, Mr Stuart Westgarth, The Hon. Wayne Haylen QC and Judge Kevin O’Connor AM.

The principal registry is located at Level 9, John Maddison Tower, 86-90 Goulburn Street, Sydney NSW 2000, tel 1300 006 228.

The divisional registries are:

  • Administrative and Equal Opportunity: Level 10, John Maddison Tower, 86-90 Goulburn Street, Sydney NSW 2000.
  • Consumer and Commercial: Level 12, 175 Castlereagh Street, Sydney NSW 2000 (also at Liverpool, Hurstville, Newcastle, Penrith, Tamworth and Wollongong).
  • Guardianship: Level 3, 2a Rowntree Street Balmain NSW 2041.
  • Occupational: Level 10, John Maddison Tower, 86-90 Goulburn Street, Sydney NSW 2000.

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Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82

ON 15 JULY 2014, the Full Court of the Federal Court of Australia delivered Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 (15 July 2014).

http://www.austlii.edu.au/au/cases/cth/FCAFC/2014/82.html

On appeal, an employee of Oracle had her damages award increased from $18,000 to $130,000 with respect to sexual harassment she suffered from another employee.

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Sydney, Australia

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Civil Rights Act of 1964 (US) | 2 July 1964

ON 2 JULY 1964, the US Civil Rights Act of 1964 was signed into law.

http://www.congresslink.org/print_basics_histmats_civilrights64text.htm

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Australian journalist Peter Greste jailed

ON 23 JUNE 2014, Australian Al-Jazeera journalist Peter Greste was convicted by an Egyptian court of aiding the Muslim Brotherhood. He was sentenced to seven years imprisonment.

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Age Discrimination Act 2004 (Cth) | 23 June 2004

ON 23 JUNE 2004, the Commonwealth Age Discrimination Act 2004 commenced.

http://www.austlii.edu.au/au/legis/cth/consol_act/ada2004174/

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Somersett’s case (1772) 98 ER 499 | 22 June 1772

ON 22 JUNE 1772, the English King’s Bench delivered Somerset v Stuart (1772) Lofft 1; (1772) 98 ER 499.

Even though African slavery was tolerated at the time in the colonies, the court ruled that a slave could not be taken by force and sold abroad as property as no such right existed under the law of England,

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Plaintiff M150 of 2013 v Minister for Immigration and Border Protection [2014] HCA 25

ON 20 JUNE 2014, the High Court of Australia delivered Plaintiff M150 of 2013 v Minister for Immigration and Border Protection [2014] HCA 25 (20 June 2014)

http://www.austlii.edu.au/au/cases/cth/HCA/2014/24.html

The High Court held that the Australian immigration minister did not have the power to limit the number of protection visas that may be issued in a specified year.

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Plaintiff S297-2013 v Minister for Immigration and Border Protection [2014] HCA 24

ON 20 JUNE 2014, the High Court of Australia delivered Plaintiff S297-2013 v Minister for Immigration and Border Protection [2014] HCA 24 (20 June 2014).

http://www.austlii.edu.au/au/cases/cth/HCA/2014/24.html

The High Court held that the Australian immigration Minister did not have the power to limit the number of protection visas that may be issued in a specified year. The court ordered that the Minister consider and determine the plaintiff’s application for a permanent protection visa according to law.

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Sydney, Australia

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Magna Carta | 15 June 1215

ON 15 JUNE 1215, King James executed the Magna Carta at Runnymede. King James agreed to this document which limited the power of the Crown and granted the barons and citizens certain individual rights, freedoms, liberties and protections. The document laid the constitutional foundations for government under the rule of law.

http://bailii.austlii.edu.au/uk/legis/num_act/1215/magna__carta.html

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