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Houston, Jacqui --- "Recent Happenings" [2004] IndigLawB 20; (2004) 5(30) Indigenous Law Bulletin 24

Recent Happenings

Compiled by Jacqui Houston

2 February

The Northern Territory (NT) Government has announced plans for an extended-stay detention facility to be established in Alice Springs for juveniles. Current arrangements see all juvenile long-term detainees in NT held in the Don Dale facility near Darwin; in clear contravention of the Royal Commission Into Aboriginal Deaths In Custody (RCIADIC) recommendation that detainees should not be held far away from their families.

3 February

A landmark agreement has been formed between native title representative body (NTRB) Goldfields Land and Sea Council and the Pastoralists and Graziers Association. The two groups have negotiated the Goldfields Pastoral Access Principles, aimed at coexistence to aid in the resolution of any disputes which may arise.

6 February

Aboriginal leaders and claimants gathered to meet New South Wales (NSW) and Federal politicians to push for a parliamentary inquiry into the NSW Government’s handling of the stolen money issue. There is estimated to be 11 500 Aboriginal people entitled to claim reparations amounting to a possible total of $70million. A former NSW Senior Cabinet Minister leaked a 2001 report conducted by then-Minister of Community Services Faye Lo Po which showed that while the Government admitted money including wages, inheritances and child endowment payments were stolen by the State Government over an extended period of time, the ‘unwritten policy’ has always been to deny liability. The NSW Government has rejected calls for an inquiry and insists that current Community Services Minister Carmel Tebbutt is looking at subsequent reports on how to deal with the matter.

9 February

Two recent deaths in custody in South Australia (SA) have brought to light a failure to implement key recommendations of the RCIADIC. Cells in Adelaide are yet to be adequately assessed for hanging points, 13 years after the release of the Royal Commission report.

12 February

Liddy Clark has today been sworn in as the Queensland Minister for Indigenous Affairs.

13 February

Jackie Pascoe Jamilmira has failed in his bid to appeal to the High Court after the Court of Appeal sentenced him to 12-months gaol, suspended after one month, for having unlawful sex with a 15-year-old girl. The girl was to become his wife after a customary marriage. The sentence was increased from the Supreme Court sentence of one day, decided on appeal by Mr Pascoe Jamilmira after an initial sentence of 13 months (suspended for four). Gummow J ruled that there was no error in sentencing by the Court of Appeal.

13 February

A UN Biodiversity conference in Malaysia has highlighted the need for patent laws which give adequate protection to Indigenous communities from “biopiracy”. The European Patent Office has revoked patents on two occasions where it has been proven by anti-biopiracy advocates that the plant use patented for the European Union was not new, owing to its historic use by Indigenous people, therefore not meeting patent criteria.

15 February

Inquiries will be conducted into the death of a 17-year-old Indigenous boy in Redfern, NSW. Police have denied claims they were in pursuit of Thomas “TJ” Hickey – under which circumstance the tragedy would be a death in custody. A violent protest ensued in the area following news of the death.

17 February

The Supreme Court of NT has refused an Indigenous man’s application for bail to allow him to return to his community for tribal punishment. Despite hearing that the punishment of spearing would be conducted under customary law for the manslaughter of the defendant’s wife, the Court ruled that it cannot grant bail to allow an illegal act to be undertaken. The NT Criminal Code states that it is not possible for consent to be given to a serious assault. 2003’s customary law review confirmed that where traditional law and common law conflict, common law prevails.

23 February

NT Aboriginal art dealer Jan Ross-Manley will receive $430 000 in settlement of a defamation suit she brought against the Age newspaper. The article, published in November 2000, made representations about events surrounding Ms Ross-Manley’s conduct as Manager of a central Australian Aboriginal arts dealership.

25 February

Senior Aboriginal women, Kupu Piti Kungka Tjuta, from Coober Pedy in SA have participated in a public forum in protest against a proposed nuclear waste dump near Woomera. The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) will decide on whether the dump will go ahead. However s16 of the ARPANSA Act permits the federal health minister to allow the nuclear dump to be established, potentially overriding ARPANSA’s decision.

25 February

ATSIC’s Yilli Rreung Regional Council has released its Law and Justice Policy aimed at addressing Indigenous overrepresentation in the criminal justice system and improving access to Indigenous legal services. Chair Eddie Cubillo said that the policy will form the basis of continued lobbying of the NT and Federal Government to provide adequate and secure funding to Aboriginal and Torres Strait Islander legal services.

27 February

Women elders from Papunya today demonstrated their right to conduct a traditional dance bare-breasted in response to NT Police’s actions in moving the women on from an Alice Springs park last week. Police Commissioner Bruce Wernham stated that local traditional owners had been concerned by the women, visitors to the area, performing on their land. ATSIC Commissioner Alison Anderson has said that she will contact the Human Rights and Equal Opportunity Commission.

27 February

Kimberley Land Council has been forced to withdraw from native title representative body processes due to a lack of funds. Despite their request for urgent meetings with Federal Indigenous Affairs Minister Amanda Vanstone, they will withdraw from current native title claims such as the Djabera-Djabera claim.

28 February

In announcing his resignation, Tasmanian Premier Jim Bacon has committed to returning Cape Barren in the Bass Strait to its traditional owners. While not returning to Parliament before his resignation, Mr Bacon will draft a Bill for the island’s return. In 2001, Cape Barren was part of a proposed land transfer which was rejected by the Tasmanian Upper House.