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Indigenous Law Bulletin |
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05/07
NAIDOC Week starts today and runs until 12 July.
05.07
The
Australian Crime Commission has found no evidence of organised pedophilia in NT
Indigenous communities. The finding displaces
one of the central claims used by
the Howard Government to support its controversial measures under the NT
Intervention.
06.07
WA’s Aboriginal Health Council wants
the State Government to give the Commonwealth greater control over the delivery
of regional
health services. Darryl Kickett of the Council says that a
Commonwealth, State and community partnership is necessary to create regional
hubs to provide better access to primary healthcare for Aboriginal people in
remote communities.
7.07
Federal Minister for the Environment, Heritage and the Arts, Peter Garrett
announced funding for 50 Indigenous heritage projects
under the
Commonwealth Indigenous Heritage Program.
08.07
Brian Brew of Ceduna, SA has been ordered to pay Aboriginal woman Marjorie
Strickland $12,000 in compensation for refusing to provide
her accommodation at
his motel in December 2007. The Equal Opportunity Tribunal also ordered Mr Brew
to publish an apology in five
newspapers and required both him and his staff to
complete cultural awareness training.
08.07
Federal Environment Minister, Peter Garrett, today released a 10-year draft
management plan for Uluru-Kata Tjuta National Park, indicating
that ‘for
visitor safety, cultural and environmental reasons’, the Uluru climb will
eventually be closed. Parks Australia
expects that people will be able to
continue to climb for two more years while the draft plan is formalised.
9.07
The NSW Government is facing criticism for failing to proceed with necessary
clean-up of asbestos in the Aboriginal community at
Wallaga Lake, near Bermagui.
10.07
The Australian Institute of Criminology reports that Aboriginal youth in NSW are
nearly 26 times more likely to be jailed than their
non-Indigenous peers.
11.07
Professor Larissa Behrendt was announced as the 2009 NAIDOC Person of the Year;
Professor Lowitja O’Donoghue was a granted
a Lifetime Achievement Award.
14.07
Federal Environment Minister, Peter Garrett, announced approval for the Four
Mile Mine, 550km north of Adelaide. Adnyamathanha elders
want the Federal
Government to defer the decision until an independent Aboriginal heritage
investigation has been completed and argues
that approval breaches the
Aboriginal Heritage Act 1988 (SA).
16.07
Every state school in Queensland will teach Indigenous culture under the
Closing the Gap Education Strategy. Executive Director of the Indigenous
Education Leadership Institute, Chris Sarra says that the initiative is a
‘seismic shift’
and ‘signals the end of low expectations for
Indigenous students’.
20.07
Ronald Mitchell of Warburton, WA caught alight when police used a Taser on him
after responding to reports of petrol sniffing. Mr
Mitchell received third
degree burns to 10% of his body and was airlifted to hospital for burns
treatment.
27.07
The Victor family of Beagle Bay, Broome held a community suicide summit after
three of their brothers committed suicide between 1999
and 2002. Federal
Indigenous Affairs Minister, Jenny Macklin, Wayne Martin CJ of the WA Supreme
Court, WA Coroner Alistair Hope and
Acting Premier and Minister for Indigenous
Affairs, Kim Hames were in attendance.
28.07
Chief Justice Brian Martin of the NT Supreme Court says that a message needs to
be sent to Aboriginal communities that it is unacceptable
to harass children who
report sexual abuse. Addressing the offender, Martin CJ said ‘you and
everyone in this Aboriginal community
and in other Aboriginal communities must
learn to understand that the only person at fault is you and offenders like you.
There is
no fault attached to the child. This child did not bring shame to
herself or anyone’.
29.07
Palm Island Mayor, Alf Lacey wants to see the introduction of a compulsory
‘black card’ to prove that visiting Government
officials have
sufficient understanding of Indigenous culture.
August 2009
2.08
The Martidja Banyjima people of Pilbara, WA are challenging BHP Billiton about
leases covering their traditional land. The Mining
Warden is expected to take
several months to release his decision.
3.08
A discussion paper containing plans for how Australian laws can protect
Indigenous heritage was released for public comment today,
see
<www.heritage.gov.au/indigenous/lawreform>.
4.08
NT Indigenous Policy Minister, Alison Anderson, resigned from the Labor Party
due to dissatisfaction with the Government’s
poor handling of the
Strategic Indigenous Housing and Infrastructure Program (‘SIHIP’).
Notwithstanding the allocation
of $672 million towards the development project,
no houses have been built in Indigenous communities in two years.
6.08
The Federal Court granted an interim injunction
preventing the Commonwealth Government from carrying out compulsory acquisition
of
town camps in Alice Springs until a full hearing at the end of August.
Goldberg J held that affected communities had been denied
procedural fairness
and had not been given a proper opportunity to make submissions to the Minister,
Jenny Macklin.
7.08
The NT Garma festival, a celebration of Yolgnu
culture, begins today and continues until 11 August.
9.08
Today is
International Day of the World’s Indigenous
People.
09.08
Federal Minister for Environment, Heritage and the
Arts, Peter Garrett, and Minister for Indigenous Affairs, Jenny Macklin, today
announced a National Indigenous Languages Policy, aimed at preserving and
supporting the continuation of Indigenous languages.
10.08
WA Indigenous Affairs Minister, Kim Hames today announced the 12 members of the
State Aboriginal Advisory Council. The Council will
provide independent guidance
and advice to the WA State Government on Indigenous issues.
10.08
The
WA Government today withdrew its appeal against the 2006 Federal Court native
title determination in favour of the Yawuru. Traditional
owners and Premier
Colin Barnett both welcomed the move as a step forward.
11.08
The
Federal Government has told the UN Committee on the Elimination of All Forms of
Racial Discrimination that compensation payments
will be made to communities
that were taken over as part of the NT Intervention (backdated to 2007) and that
the Racial Discrimination Act 1974 (Cth) will be
reinstated.
13.08
The Federal Government today released a discussion
paper on proposed amendments to the Native Title Act (Native Title Act
1993), focussing on the construction of public housing and infrastructure in
Indigenous communities. The paper is available at
<http://www.fahcsia.gov.au/sa/indigenous/pubs/land/Pages/default.aspx>
.
13.08
NT Chief Minister, Paul Henderson today survived a ‘no
confidence’ motion by one vote and agreed to submit the SIHIP to
new
supervision by a cross-party council.
17.08
UN Special Rapporteur on
Indigenous Human Rights, Professor James Anaya, started a 12 day tour to report
on remote Aboriginal communities,
the legality of the NT Intervention and human
rights concerns.
18.08
Jim Davidson, employed by the joint program managers of the SIHIP, Parsons
Brinckerhoff, was removed from his position today. Mr Davidson
was the
consultant who warned that the program might deliver as few as 300 new houses to
Indigenous communities and that 70% of the
funds were likely to be spent on
consultants’ fees, travel costs and administration.
20.08
Former
Governor General, Sir William Dean, opened the official launch of the Indigenous
Policy and Dialogue Research Unit at the University
of New South Wales. Head of
the Unit, Professor Patrick Dodson, gave a speech about the importance of nation
building in contemporary
Australia.
20.08
The Bangarra Dance
Theatre, celebrating its 20th anniversary and three Helpmann Awards,
today started its national tour, Fire – A Retrospective at the
Sydney Opera House.
21.08
Amendments to the NT’s Care and
Protection of Children Act passed today mean that it will no longer be
mandatory for health practitioners to report sexual activity in adolescents aged
14 or
15 years where their partners are no more than two years apart from them
in age.
24.08
Federal Minister for Indigenous Affairs, Jenny
Macklin, announced that the consultation and submission period for the planned
acquisition
of town camps in Alice Springs has been extended until 27 October.
24.08
British auction house Sotheby’s removed from sale the
busts of Tasmania’s Woureddy and Truganini, after strong protests
about
the depiction of these figures as the last ‘full-blood’ Aboriginal
Tasmanians.
25.08
The NSW Ombudsman’s Office will investigate whether the removal of 40
Indigenous children from their families in Lightning
Ridge was carried out in
accordance with child protection legislation. Official figures from the
Australian Institute of Health and
Welfare show there are now more than 9000
Indigenous children in state care. Indigenous communities in NSW and Qld
describe the current
rates of removal – 4316 and 2085 respectively –
as creating a ‘new Stolen Generation’.
27.08
Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma,
today announced the proposed model for a new National
Indigenous Representative
Body. Commissioner Calma said that the new body would perform advisory functions
and would set a ‘benchmark
for ethical conduct and gender
equality.’
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URL: http://www.austlii.edu.au/au/journals/IndigLawB/2009/33.html