Comments of the Human Rights and Equal Opportunity Commission (HREOC) on
Australia’s compliance with the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
Human Rights and Equal Opportunity Commission
Level 8, 133 Castlereagh Street
GPO Box 5218
Sydney NSW 2001
Phone (02) 9284 9600
B. The ratification of OPCAT.
C. A new torture offence
D. Treatment in Immigration Detention
E. A system of complementary protection
F. Mechanisms to check diplomatic assurances are honoured
G. Engagement with the UN Treaty Body process
- The Human Rights and Equal Opportunity Commission
(‘HREOC’) provides these comments to the United Nations Committee
Against Torture (‘the Committee’) about Australia’s compliance
with the Convention Against Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment (‘CAT’). These comments
supplement and, in some cases, supplant earlier comments HREOC made to the
Committee in February 2007.
- HREOC welcomes the following changes to Australian Government
- The end of the Pacific Strategy and the closure of offshore processing
centres in Nauru and Papua New Guinea (Manus);
- The Australian Government’s statement that it is considering acceding
to the Optional Protocol to the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (‘OPCAT’);
- The Australian Government’s statement that it is considering enacting
a specific offence of torture.
- HREOC’s comments also identify questions the Committee may wish to ask
the Australian Government delegation at the 40th session of the
Committee (to be held from 29-30 April 2008).
B. The ratification of
- HREOC welcomes the Australian Government’s statement in the Addendum
provided to the Committee that it is considering acceding to the OPCAT. The
domestic and international inspection mechanisms envisaged by the OPCAT would
improve Australia’s ability to prevent torture and other cruel, inhuman or
degrading treatment or punishment in places where persons are deprived of their
liberty. It would also assist
Australia in fulfilling its obligations under the CAT, the International
Covenant on Civil and Political Rights (‘ICCPR’) and the Convention on the Rights of the Child (‘CRC’).
- The ratification of the OPCAT is particularly important in light of the
limited protection under Australian law of the rights set out in CAT. Australia
does not have a federal Charter of Rights which protects the rights set out in
CAT or the prohibitions on torture and cruel, inhuman or degrading treatment or
punishment contained in the ICCPR and the CRC.
- While HREOC has statutory functions to promote and protect ‘human
rights’, HREOC does not have the legal powers to effectively
monitor Australia’s compliance with CAT. This is because:
- ‘Human rights’ under the Human Rights and Equal Opportunity
Commission Act 1986 (Cth) (‘the HREOC Act’) are strictly defined
and relate only to the six international instruments scheduled to, or declared
under the HREOC Act. As noted in
HREOC’s comments to the Committee in February 2007, CAT is not scheduled
to the HREOC Act and has not been declared under s 47 of the HREOC
- As a result of the strict definition of ‘human rights’, CAT is
not included in HREOC’s complaint handling jurisdiction. As such HREOC
cannot directly investigate allegations that the provisions of CAT have been
breached. Nevertheless, HREOC is empowered to investigate complaints which arise
under the ICCPR or CRC, which include provisions proscribing torture and cruel
- HREOC’s human rights complaint handling function is limited to acts or
practices done or engaged in:
- by or on behalf of the Commonwealth;
- wholly or partly within a ‘Territory’ (note, however, that
Territory is defined so as to exclude the Australian Capital Territory
(‘ACT’) and the Northern Territory (‘NT’)); or
- under a Commonwealth or Territory enactment (again, the enactments of the
ACT and the NT are specifically excluded).
limitation largely excludes people detained in institutions run by the States,
the ACT and the NT (unless a person is detained in such an institution on behalf
of the Commonwealth or under a Commonwealth enactment – for example,
people detained in State prisons under the Migration Act 1958 (Cth)
(‘the Migration Act’)).
- HREOC’s complaint handling powers are focussed upon violations of
human rights which have already occurred. While HREOC has the power to make
recommendations for the prevention of the repetition of the relevant act or
practice these recommendations are not
- HREOC’s complaint handling powers do not extend to investigating the
acts and practices of an intelligence
- HREOC has no power to compel entry into places of detention for general
- While the domestic implementation of the OPCAT will help improve the
protection of the human rights of people in detention in Australia, the
introduction of other protective measures should also be considered to ensure
people in detention can access enforceable remedies for breaches of their human
rights by public authorities.
- The introduction of a Charter of Rights could provide people in detention
with opportunities to seek redress for violations of their rights under CAT. It
could also help foster a human rights culture in government departments and
ensure both public authorities and private companies contracted to provide
detention services provide those services in a human rights framework.
- In this context, HREOC welcomes the Government’s stated intention to
initiate a national inquiry into how best to protect human rights in Australia.
This Inquiry will provide an opportunity, amongst others, to assess whether
Australia is adequately protecting the human rights of persons in detention.
Question: What does the Australian Government consider to be the gaps in
the current protection of human rights in people of detention?
C. A new torture offence
- HREOC welcomes the statement in the Addendum that the Australian Government
is considering enacting in Commonwealth law a specific offence of torture, as
defined in Article 1 of CAT, with extraterritorial application.
- Article 4 of CAT requires Australia to comprehensively criminalise torture.
While legislation exists which criminalises torture, there are gaps in
Australia’s laws. In particular:
- The prohibition on torture in the Crimes (Torture) Act 1988 (Cth) is
unduly narrow. It prohibits acts of torture committed outside Australia,
- the person committed the act in his or her capacity as a public office or
while acting in an official capacity; or
- the person committed the act at the instigation, or with the consent or
acquiescence of a public official or person acting in an official capacity;
- at the time it was committed, it would have been an offence under Australian
- While the offence of torture is criminalised in some Australian States and
Territories, other States and Territories do not have specific offences of
torture although acts of torture may be criminalised under the provisions of
other criminal offences (for example,
- There have been no prosecutions under the Crimes (Torture) Act 1988 (Cth). A prosecution can only be brought with the consent of the
- The Crimes (Torture) Act 1988 (Cth) does not criminalise
cruel, inhuman or degrading treatment. While Article 1 of CAT does not expressly
include ‘cruel, inhuman or degrading treatment or punishment’ as
part of the definition of torture, the Committee’s General Comment on
Article 2 of CAT states:
In practice the definitional threshold
between cruel, inhuman or degrading treatment or punishment and torture is not
clear. The conditions that give rise to cruel, inhuman or degrading treatment or
punishment frequently facilitate torture and therefore the measures required to
prevent torture must be applied to prevent cruel, inhuman or degrading treatment
or punishment. Accordingly, the Committee has considered the prohibition of
ill-treatment to be likewise non-derogable under the Convention... 
- Cruel, inhuman and degrading treatment by public officials has been
criminalised in some contexts. For example, provisions contained in the Criminal Code Act 1995 (Cth) relating to the exercise of anti-terrorism
powers make it an offence punishable by up to two years imprisonment to subject
a person to cruel, inhuman or degrading
treatment. However, cruel,
inhuman and degrading treatment or punishment by public officials is not
comprehensively criminalised in Australian law.
- HREOC believes new federal legislation criminalising torture should attract
universal jurisdiction. Under the Criminal Code 1995 (Cth)
‘category D’ jurisdiction reflects the international law concept of
universal jurisdiction and applies to terrorist offences, wars crimes and crimes
- Such legislation should also include a comprehensive and explicit
prohibition of the practice of ‘extraordinary rendition’
where an individual is transferred with the involvement of the state or its
agents to a foreign state without recourse to established legal processes and in
circumstances that make it more likely than not that the individual will be
subjected to torture or other cruel, inhuman or degrading treatment or
Question: Will new legislation introduced to criminalise torture also
criminalise cruel, inhuman and degrading treatment or punishment?
D. Treatment in
The end of Offshore Processing Centres
- In its submission to the Committee in February 2007, HREOC expressed concern
about the treatment of asylum seekers in Offshore Processing Centres. HREOC
welcomes the end of offshore processing.
Detention Standards should be codified in legislation
- HREOC has repeatedly expressed concerns that mandatory immigration detention
can have a serious and detrimental impact on the mental health of detainees.
HREOC has also found that the continued detention of individuals with mental
health problems can amount to cruel, inhuman or degrading
treatment. HREOC has recently
It is still not possible to properly treat the mental
health problems suffered by most immigration detainees. This is because the main
way to treat a mental health concern is to remove the primary cause of the
problem. In the case of immigration detainees, detention and uncertainty are
amongst the main causes and they cannot usually be addressed by the mental
- The Written Replies by the Government of Australia to the Committee Against
Torture state that immigration detention services are provided in accordance
with the Immigration Detention Standards (‘IDS’), developed in
consultation with HREOC and the Commonwealth Ombudsman
- While the IDS help ensure that people in immigration detention are treated
with respect and dignity, they are not enshrined in legislation and do not
provide people in immigration detention with access to effective remedies for
alleged breaches of their human rights. Even if the IDS were enshrined in
legislation, while mandatory immigration detention continues in Australia, the
mental health of detainees may still be fundamentally
compromised as a result of
prolonged immigration detention.
- The provision of detention services at Australia’s Immigration
Detention Facilities was outsourced to Global Solutions Limited
(‘GSL’) August 2003. The IDS form part of the contract with
GSL. HREOC has
previously expressed concerns that:
- aspects of the IDS do not provide sufficient guidance on what service
providers must do to ensure conditions in immigration detention comply with
international human rights standards.
- the mechanisms for scrutinising whether or not the service provider complies
with the IDS are inadequate. This is because the IDS standards on monitoring and
reporting place responsibility for monitoring compliance with the IDS on the
- HREOC notes that the monitoring arrangements for compliance with the IDS
were criticised by the 2005 Palmer Report which stated:
The lack of
any focused mechanism for external accountability and professional review of
standards and arrangements for the delivery of health services is a significant
- HREOC understands that the Department of Immigration and Citizenship (DIAC)
is in the process of reviewing the IDS as part of a tender process for a new
detention services contract. HREOC is hopeful that the new contract
- provide more specific guidance on what steps service providers need to take
to comply with human rights standards; and
- improve the accountability mechanisms set out in the IDS.
- However, HREOC’s preferred approach is for the government to codify in
legislation the minimum standards that should apply to all persons in
immigration detention. HREOC has made this recommendation on a number of
Question: Will the Government take steps to codify the minimum standards
of treatment in immigration detention in legislation?
Rights training for providers of immigration detention facilities
- HREOC has recently released a report recommending increased human rights
training for all current and future employees of the DIAC and the personnel of
private companies contracted to provide immigration detention services. This
recommendation was made in the context of a report by the President of HREOC
into a complaint by two immigration detainees transferred from Maribyrnong
Immigration Centre to Baxter Immigration Detention Facility on 17 September
- The President of HREOC found that DIAC and GSL had breached articles 7 and
10(1) of the ICCPR by subjecting the detainees to degrading treatment and a lack
of respect for human dignity during the first seven hour leg of that transfer.
The President made various recommendations including to enhance detainee
complaint making procedures and to improve human rights training for the
providers of detention services. DIAC and GSL’s response to these recommendations are contained in
E. A system of
- In 2001, the Committee recommended that Australia consider the
‘desirability of providing a mechanism for independent review of
ministerial decisions in respect of cases coming under article 3 of
CAT’. There is currently
no such review mechanism in Australia.
- Currently, the only way to have a CAT claim considered is for Minister for
Immigration and Citizenship to exercise his or her power under sections 417, 454
and 501J of the Migration Act 1958 (Cth) to substitute a decision of the
Refugee Review Tribunal or the Administrative Appeals Tribunal with a more
favourable decision for the applicant. The practical implication is that a
person with a valid CAT claim could spend many years in immigration
- In 2004, HREOC made a submission to the 2004 Senate Select Committee on
Ministerial Discretion in Migration. HREOC’s submission
- the exercise of ministerial discretion (under s 417 of the Migration Act)
provides inadequate protection against non-refoulement of asylum seekers who may
be eligible for protection under CAT, the ICCPR, or the CRC.
- the s 417 ministerial discretion is non-compellable, non-reviewable and
lacks the basic features of accountable and transparent decision making.
- a specific ‘complementary protection’ visa class must be
introduced to ensure Australia complies with its non-refoulement obligations
under the CAT, the ICCPR and the CRC. The decision to grant or decline the visa
application should be based on the application of clear criteria; and subject to
independent merits review and judicial review.
- Ministerial discretion should remain as a final safety check.
- The report of the 2004 Senate Select Committee on Ministerial Discretion in
the government give
consideration to adopting a system of complementary protection to ensure that
Australia no longer relies solely on the minister's discretionary powers to meet
its non-refoulement obligations under the CAT, CROC and
- HREOC understands the Minister for Immigration and Citizenship is currently
considering the establishment of a system of complementary protection and is
‘favourably disposed to looking at how we might advance that
agenda’. In evidence
provided to the Senate Estimates Committee, the Minister stated:
On coming to government I sought to review all ministerial powers.
I have commissioned a report from Elizabeth Proust seeking a fresh set of eyes
in addition to departmental advice on the use of ministerial powers. The figures
I received when I entered the portfolio indicate that there has been a
substantial increase in the use of ministerial powers and I want to understand
why and whether that is appropriate... In a general sense I have formed the view
I have too much power. The [Migration] act is unlike any act I have seen not
just because of a concern about playing God but also because of the lack of
accountability for those ministerial decisions, the lack in some cases of any
appeal rights against those decisions and the fact what I thought was to be a
power used in rare cases has become very much the norm... I have received that
report from Elizabeth Proust and I am considering it at the moment. 
- HREOC believes the creation of a complementary protection visa class which
has clear criteria and is subject to administrative and judicial review is the
best way for Australia to meet its non-refoulement obligations. Such a class
could provide for persons who require protection from human rights violations
under CAT and the ICCPR.
Question: Is the Australian Government intending to introduce a
system of complementary protection?
F. Mechanisms to check
diplomatic assurances are honoured
- HREOC understands that, in considering whether to return a person to a
country origin, Australia may take into account, among other considerations,
diplomatic assurances that the person will not be tortured on their
return. For example, in
September 2007, the Australian media reported that a Chinese man, Mr Qi, was to
be deported from Australia to face murder charges in China. Australia received diplomatic
assurances from China that Mr Qi would not face the death penalty. HREOC
understands that Mr Qi is still in Australia.
- In relation to the existence of follow-up mechanisms to check whether
assurances about a person’s treatment on their return to their country of
origin are honoured, the Written Replies state:
seeks access to persons removed to another state for the purpose of monitoring
whether a torture undertaking is honoured is ultimately a question of policy.
Each case must be considered individually, on its known facts. Australia has
taken opportunities to advise the State to which a person is transferred that
Australia may from time to time seek access to that
- It is unclear when, if at all, Australia has taken such opportunities to
seek access to a person who claimed to be in danger of torture after they have
been removed from Australia.
- HREOC notes that, consistent with the jurisprudence of the
Committee and the UN Human
Rights Committee, Australia is
not relieved of its human rights obligations simply by obtaining diplomatic
assurances from the receiving country.
- HREOC considers that, where diplomatic assurances are a factor in deciding
to return a person to their country of origin, follow-up mechanisms, such as the
monitoring of treatment of returnees, should be put in place to ensure that
those assurances are honoured.
Question: Are there examples of when Australia has taken follow-up
steps to check whether assurances made to the Australian Government have been
honoured and/or sought access to a person who claimed to be danger of torture
after that person has been returned?
G. Engagement with the
UN Treaty Body process
- HREOC welcomes the statement by the Australian Government to the
7th session of the Human Rights Council that it is committed to
building a more constructive relationship with UN Human Rights Bodies and to
strengthening Australia’s involvement in the UN Human Rights
- Consistent with this spirit of engagement, HREOC believes that Australia
should have a policy of not removing a person from Australia who has made an
individual communication to the Committee alleging a violation of their rights
under CAT before the Committee makes a decision on the merits of their
complaint. If the Committee decides that the removing the person from Australia
would violate Australia’s obligations under CAT the person should not be
removed in any circumstances.
- The Attorney-General’s Department’s
website states the following
individual communications to the Committee are yet to be
- Communication 324/2007 under the CAT (received June 2007): This
communication alleges that the removal of the author from Australia will breach
article 3(1). The author has made unsuccessful protection visa claims. An
Interim Measures Request has been made seeking that Australia refrain from
removing the author from Australia whilst the complaint is under consideration
by the Committee.
- Communication 316/2007 under the CAT (received May 2007): The communication
alleges that the extradition of a man will breach article 3(1) of CAT. The
Minister for Justice and Customs has determined that the author should be
surrendered under the Extradition Act. The communication alleges that Australia
will breach art 3(1) of CAT if the author is extradited.
Question: Has Australia complied with the interim measures request in
relation to Communication 324/2007?
Question: Has the decision to extradite the author of communication
316/2007 been postponed pending the resolution of the complaint by
 HREOC, Submission to the Joint Standing
Committee on Treaties' Inquiry into the Optional Protocol to the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; see also Joint Standing Committee on Treaties, Report 58: Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, March 2004,
 HREOC Act, s 3. The instruments
scheduled to, or declared under the HREOC Act are: (a) the ICCPR; (b) the Declaration on the Rights of the Child; (c) the Declaration on
the Rights of Mentally Retarded Persons; (d) the Declaration on
the Rights of Disabled Persons, (e) the CRC; and (f) the Declaration on the Elimination of all Forms of Intolerance and of
Discrimination Based on Religion or
 Section 47 of the HREOC Act
provides that ‘[t]he Minister may, after consulting the appropriate Minister of each State,
by writing, declare an international
instrument, being: (a) an instrument ratified or acceded to by Australia;
or (b) a declaration that has been adopted by Australia;
to be an international
instrument relating to human
rights and freedoms for the purposes of the HREOC Act’.
 HREOC Act, s11(1)(f); see also articles
7, 10(1) of the ICCPR and article 37, CRC.
 While people detained in State and
Territory jurisdictions may be entitled to make complaints in relation to their
treatment and conditions of detention to bodies such as the Ombudsman, the
Inspector General of Corrective Services or an Official Prison Visitor, these
bodies are not specifically empowered to investigate whether the provisions of
the CAT or other human rights instruments have been
 HREOC Act, s 29. Such a
report must be tabled in Parliament (see s46 of the Act). Note that, under s29,
HREOC may only make recommendations, not binding
 HREOC Act,s 11(3). Section 11(4)
defines an intelligence agency as a ‘reference to the Australian Secret
Intelligence Service, the Australian Security Intelligence Organisation, the
Office of National Assessments, that part of the Department of Defence known as
the Defence Signals Directorate (including any part of the Defence Force that
performs functions on behalf of that part of the Department), that part of the
Department of Defence known as the Defence Imagery and Geospatial Organisation
(including any part of the Defence Force that performs functions on behalf of
that part of the Department) or that part of the Department of Defence known as
the Defence Intelligence
 Though it is noted
that HREOC has the power under s 21(1) of the Act to require a person it
believes is capable of giving information or producing documents relevant to a
matter under inquiry, to give that information to HREOC at such a place and time
as specified by HREOC.
 Victoria and the
Australia Capital Territory have both introduced statutory Charter of Rights
which include the prohibition against torture and cruel, inhuman or degrading
treatment or punishment in Article 7 of the
 See s 6 of the Crimes
(Torture) Act 1988 (Cth); see also Crimes (Torture) Bill, 2nd Reading speech, Hansard, 23 March 2008,
 There is no specific offence of
torture under NSW, Northern Territory, South Australia, Tasmania, Western
Australia or Victorian law. The Queensland Criminal Code provides for a specific
offence of torture (see s 320 of the Criminal Code (Qld) and the
Australian Capital Territory also criminalises torture. See further the Written
Replies by the Government of Australia to the List of Issues (CAT/C/AUS/Q/4)
prepared by the Committee Against Torture to be considered during the
examination of the fourth periodic report of Australia (CAT/C/67/Add.7),
 The United Nations
Committee Against Torture, General Comment No. 2, CAT/C/GC/2, 24 January 2008,
; see also -.
Code 1995 (Cth), ss 105.33.
 Criminal Code 1995 (Cth), ss
 HREOC, A Last Resort, National
Inquiry into Children in Immigration Detention, April 2004, Chapter 9.
 HREOC, Summary of Observations
following the Inspection of Mainland Immigration Detention Facilities, 2007,
available online http://www.hreoc.gov.au/HUMAN_RIGHTS/asylum_seekers/index.html.
 Written Replies by the Government of
Australia to the List of Issues (CAT/C/AUS/Q/4) prepared by the Committee
Against Torture to be considered during the examination of the fourth periodic
report of Australia (CAT/C/67/Add.7),
 The provision of immigration
detention services has been outsourced since November 1997. Australasian
Correctional Services (ACS), through its operational arm Australasian
Correctional Management (ACM), provided detention services from November 1997
until February 2004. On 27 August 2003 a contract was signed with Global
Solutions Limited (GSL) (formerly Group 4 Flack) to provide detention services
for the next four years, with an option to extend for a further period of up to
 See for e.g. HREOC, A
Last Resort, National Inquiry into Children in Immigration Detention, April
 Under the IDS GSL is
responsible for reporting all breaches and incidents to DIaC. The IDS set out
what are classified as minor, major and critical incidents. If breaches occur
and are identified, DIaC will issue GSL with a notice of sanctions.
 Mick Palmer, Inquiry into the
Circumstances of the Immigration Detention of Cornelia Rau, July 2005, ,
available online at http://www.immi.gov.au/media/publications/pdf/palmer-report.pdf .
 Report of Complaint by Mr Huong
Nguyen and Mr Austin Okoye against the Commonwealth of Australia and GSL
(Australia) Pty Ltd  HREOC Report No 39, -325]. The report is
 Report of Complaint by Mr Huong Nguyen and Mr Austin Okoye against the
Commonwealth of Australia and GSL (Australia) Pty Ltd  HREOC Report No
39, p 92 -94. The report is available online
 Concluding Observations of the Committee Against Torture: Australia, 25th session, 13-24 November 2000, CAT
 For further information
see HREOC, submission to the 2004 Senate Select Committee on Ministerial
Discretion in Migration, available at: http://www.humanrights.gov.au/human_rights/migration_matters.html
 Report of Senate Select Committee on Ministerial Discretion in Migration,
2004, [8.82]. HREOC notes that an earlier report in 2000 by the Senate Legal and
Constitutional References Committee recommended that the
Attorney-General’s Department, in conjunction with the then Department of
Immigration and Multicultural Affairs (DIMA), consider amending
Australia’s laws to explicitly incorporate the non-refoulement obligations
of CAT and the CRC into domestic law.
 Senator Chris Evans, Senate Standing Committee on Legal and Constitutional
Affairs Estimates (Additional Budget Estimates), Committee Hansard, 19
February 2008, L & CA 23.
Chris Evans, Senate Standing Committee on Legal and Constitutional Affairs
Estimates (Additional Budget Estimates), Committee Hansard, 19 February
2008, L & CA 22; see also Mark Metherell, ‘I should not play God:
Evans’, Sydney Morning Herald, February 20
Written Replies by the Government
of Australia to the List of Issues (CAT/C/AUS/Q/4) prepared by the Committee
Against Torture to be considered during the examination of the fourth periodic
report of Australia (CAT/C/67/Add.7),
 ABC Lateline, ‘Chinese Man
to be deported after 10 years’, 11/09/2007, available online http://www.abc.net.au/lateline/content/2007/s2030326.htm . HREOC also notes that ABC has reported that a Chinese man deported from
Australia in 2007 claimed that he was interrogated and tortured on his return to
China: ABC AM, ‘Chinese deportee claims torture’, 29 June
2007, available online at http://www.abc.net.au/am/content/2007/s1965335.htm.
Written Replies by the Government of
Australia to the List of Issues (CAT/C/AUS/Q/4) prepared by the Committee
Against Torture to be considered during the examination of the fourth periodic
report of Australia (CAT/C/67/Add.7),,
Agiza v Sweden
(CAT/C/34/D/233/2003 (2005)). In this case, Sweden had relied solely on
diplomatic assurances provided by Egyptian authorities that the individual would
not be tortured. In light of the fact that, inter alia, the assurances did not
contain an enforcement mechanism the Committee concluded that diplomatic
assurances were insufficient to protect against the risk of ill-treatment and
that, as a result, the expulsion amounted to breach of CAT.
 Alzery v Sweden (CCPR/C/88/D/1416/2005 (2006)).
 The Hon Stephen Smith MP, Media
release: Statement by Australia to the Human Rights Council: Seventh Session, 5
March 2008, 6 March 2008, available online at http://www.foreignminister.gov.au/releases/2008/fa-s046_08.html .
 http://www.ag.gov.au/www/agd/agd.nsf/Page/Humanrightsandanti-discrimination_Humanrightscommunications /