Law Matters Aboriginal Legal Service of WA

Summer 2010 - 2011 Law Matters Aboriginal Legal Service Merry Christmas from ALSWA of Western On behalf of the Thank you also to our Aboriginal Legal Executive Committee (ALSWA) Service of WA members for providing (ALSWA) I would like a wealth of knowledge, Head Office to wish everyone a skills and support for 7 Aberdeen Street very happy and safe our agency. I am WA 6000 Christmas and New extremely proud of our Ph 08 9265 6666 Year. ongoing work within WA‟s justice system. Fax 08 9221 1767 It has been an Stay safe all and have Freecall 1800 019 900 extremely busy year for an enjoyable Christmas Web: www.als.org.au ALSWA and I thank and festive season. and commend our staff throughout the State In Unity for their ongoing Inside this issue: commitment to our Dennis Eggington organisation. ALSWA CEO Indigenous peoples ALSWA 1 continue to be over- ALSWA offices will close at 12 noon on Friday Christmas represented within the Closure 24 December 2010 and re-open at 8.30 am on court and prisons Wednesday 5 January 2011. For urgent legal Law Matters on 2 systems and ALSWA advice relating to a criminal law matter during Noongar Radio will continue to do these dates, please phone our After Hours 100.9FM whatever we can to Officer in Perth on 08 9265 6644 redress this imbalance. Moorditj Mural 3 unveiled in Perth

ALSWA History 4 Project Update ALSWA Mural unveiled The boardroom at ALSWA‟s Perth Stolen Wages in 5 head office is now proudly adorned WA with a spectacular mural outlining some of the historical events that have occurred in ALSWA‟s 36 year Paul Sampi 5 history. The mural was done by retires from David Wirrpanda Foundation and ALSWA Central Institute of Technology „Solid Human Rights 6 Futures‟ program students with artist Day 2010 Peter Farmer (Continued on page 3) ALSWA CEO Dennis Eggington pictured with David Wirrpanda at the unveiling of the Moorditj Mural Page 2 Law Matters

Law Matters returns to Noongar Radio on 9th February 2011

ALSWA produces and presents a fortnightly radio program on 100.9FM (6NME) Noongar Radio in Perth. Find out more about ALSWA‟s work and legal issues:

Every 2nd Wednesday 11.00 am - 12.00 noon (Repeated Sundays at 5pm)

If you‟ve missed any of our programs you can have a listen to Law Matters on our website at www.als.org.au under „Media‟ Radio Programs.

ALSWA Staff pictured at 6NME’s studios in Perth Leashay Eggington, Robyn Ninyette, Gilbert ‘ Jack’ Calyun, Jolene Farrell, Tamara Gillespie, Dennis Eggington, Kenny Sutton and Monica Collard

Check out our website www.als.org.au

ALSWA‟s website is continually being updated so if you haven‟t logged on for awhile, check it out at www.als.org.au You‟ll find up to date Indigenous News, ALSWA media statements, submissions, publications, legal information, radio programs, information about ALSWA‟s history and more! ALSWA - Striving for justice for our people for 36 years

2010 Annual Report available online

The Annual General www.als.org.au and various events Meeting of the that ALSWA has been This Report will Aboriginal Legal involved in throughout provide you with an Service of WA was the year. overview of ALSWA‟s held in Perth on 8 work within the justice The cover of the report December 2010. system for the past f e a t u r e s t h e Our 2010 Annual financial year and also spectacular Moorditj Report can be viewed features examples of Mural (see story on on our website at our community work next page). Summer 2010 - 2011 Page 3

Moorditj Mural Moorditj Mural unveiled Continued from page 1 Participants ALSWA sponsored the was a wonderful artist Peter Farmer Students Gilbert ‘Jack’ Moorditj Mural project c o m m u n i t y David W irrpanda Calyun, Jolene Farrell, and CEO Dennis collaboration that will (David Wirrpanda Travis Hansen, Darren Eggington said the ensure that all who Foundation), Jodie Hart, Megan Holiner, agency was thrilled to visit ALSWA‟s Head Schroder (DWF), Anne Devin Indich, Deborah be involved in such an Office in Perth will be Blythman (Central Jones, Whitney Joseph, exciting project. “The inspired and informed Institute of Technology Jamie-Lee Little, Glen students have done an about the long and Executive Director Miller, Karina Riley, incredible job at important history of Health, Community Candice Nundle, DWF researching ALSWA‟s ALSWA”. The mural S e r v i c e s a n d Mentors Dale Kickett, history and creating spanning 5 metres in Languages and DWF Alicia Janz, Eddie this visually length was unveiled in students Amanda Brown and Central spectacular and front of 80 guests by Sampi and Travis Lecturers Peter Dooley historical mural. This Mr. Eggington, project Hansen. and Chris Hodson

Clockwise: David Wirrpanda unveils a section of the Moorditj Mural, DWF students Glen Miller, Jolene Farrell, Jamie-Lee Little, Craig Hill, Amanda Sampi, Jordan Gliddon, Gilbert Jack’ Calyun, Darren Hart, Travis Hansen, Candice Nundle, Amanda Hansen, 3 youth work students, Dennis Eggington, David Wirrpanda with students Jolene Farrell and Gilbert ‘Jack’ Calyun who are now both employed at ALSWA, DWF Mentors/Role Models Dale Kickett, Alicia Janz, Kirby Bentley, Josie Janz and Troy Cook, Ken Wyatt Liberal Member for Hasluck with ALSWA staff Parames Karpusamy, Seranie Gamble, Kim Axford, Emma Bradley, Kristy Gaunt and John Bedford, Project artist Peter Farmer with Miranda Farmer who also assisted during the mural project. (Group photo of students at top right, courtesy of Tamara Binamat ABC Local) Page 4 Law Matters

MERRY CHRISTMAS AND HAPPY NEW YEAR From the Staff of the Aboriginal Legal Service of (Inc)

Above: ALSWA staff pictured in Perth recently attending a Statewide ALSWA Staff Conference

ALSWA History Project Update from Fiona Skyring (Project Coordinator)

The ALSWA history project is nearly finished, ALSWA staff in the regional offices provided and the manuscript of the book has been invaluable support during Fiona‟s visits across submitted to UWA Publishing. After editing the State to interview people. and production design, the book is scheduled Fiona could not have done the project without to be released in August 2011. the help of ALSWA colleagues nor without the Project co-ordinator and author Fiona generosity of the interviewees who gave their Skyring spoke with over sixty people who time and information in talking with her. had been involved with the establishment The Chief Justice of the High Court of and development of the Aboriginal Legal Australia, Robert French AO, was one of the Service, and researched the history in founders of the Aboriginal Legal Service in ALSWA‟s archival files and other library 1972 and Fred Chaney AO was one of its collections. early supporters. The project was funded with grants from Along with Emeritus Professor Geoffrey Lotterywest, AIATSIS, the Department of Bolton, ALSWA‟s Dennis Eggington and Premier and Cabinet and the Commonwealth former Executive Committee member Clarrie Attorney-General‟s Department. Cameron, they are members of the reference Minara Resources supported Fiona‟s group who have helped to guide the project research trips to Laverton. ALSWA gratefully from its beginning in late 2005. acknowledges the funding and financial ALSWA is delighted that the Chief Justice has assistance from all of these sponsors. agreed to write the foreword to the book. Page 5 Law Matters

Stolen Wages

ALSWA is concerned that “Much of the wealth of this many Indigenous families are state has been made off of still awaiting the rightful the backs of hard working return of their stolen wages. Aboriginal men and ALSWA CEO Dennis women. Eggington said that For the State Government thousands of Aboriginal to continue to deny our people who helped create the people what is legitimately wealth of this state, had their owed is cruel and wages stolen and the matter heartless. If only our cries must now be addressed for justice could be heard urgently. Speaking out above the din of the recently Mr Eggington said “It parliamentary dining room”. ALSWA is is disgraceful that the Aboriginal people deserve government has still not more than the crumbs off of responded to the ‘Stolen the table of the privileged. investigating Wages Taskforce Report’ After all, it was from our from over two years ago. land, our sweat and our the possibility This is obviously not a priority oppression that this bread to the Barnett government was baked” said Mr. and is yet another example of Eggington. ALSWA said of commencing a government which is that if the government fails motivated more by profits to address this historical a test case for than by people”. theft of wages, then they Mr. Eggington is concerned should be judged as stolen wages in WA that the longer our people are accessories after the fact. denied justice, for many, “After all, in the eyes of the restitution will come too late. law, are we not all equal?”

ALSWA Executive Committee member retires

Paul Sampi (pictured on right) has ALSWA’s Dennis Eggington, John retired from ALSWA‟s Executive Bedford, Peter Collins, Liang Xu (ALSWA Executive Committee) Rosie Sahanna Committee after representing the Paul Sampi, Kevin George, Phyllis ALSWA for the West Kimberley Simmons, Ian Tucker, Beverly Thomas, region for almost two decades. Preston Thomas, Michael Blurton, Olivia ALSWA CEO Dennis Eggington Roberts, Veronica Williams-Bennell, said that Mr. Sampi will be greatly Victor Woodley, Lorraine Whitby, Violet missed by the organisation. “Paul is Whitby, Trevor Eades in Broome. a wonderful man who has contributed so much to ALSWA over the years. He has been instrumental in the work that ALSWA has done on Customary Law and his wisdom and knowledge have provided much strength to our organisation over the years. We wish Paul Sampi the very best for the future and thank him for his long standing commitment to ALSWA”. Photos courtesy of Flip Prior Page 6 Law Matters

Human Rights Day 10 December 2010

Excerpt from Speech by ALSWA CEO Dennis Eggington given at the Equal Opportunity Commission in Perth on Human Rights Day 2010.

Is there any justice in the way that a respected Ngaanyatjarra Elder, Mr Ward, died of heat stroke and suffered third degree burns in the back of a prison transport van? There is no justice in a system that allows this situation to happen. There is no justice in a system, where this type of death in custody occurs 20 years after the findings and recommendations of the ALSWA CEO Dennis Eggington and Equal Opportunity Commissioner Yvonne Henderson Royal Commission into Aboriginal Deaths in Custody. There is no justice in a system where Aboriginal people ongoing discrimination and disregard for treating continue to die in custody. Of course we all know about Aboriginal people with respect and dignity, demonstrates the statistics of disproportionately high numbers of that greater recourse for human rights protection is Aboriginal people being incarcerated and coming into needed to overcome the tyranny of disadvantage and contact with the justice system as victims and oppressive racism continuing in our society. I’d like you offenders. Only last month the high rates of Aboriginal to consider the notion of justice, in light of current debate recidivism were referred to by the WA Community about the recognition of Aboriginal peoples as original Development and Justice Standing Committee, in its inhabitants of this land in the Australian Constitution. report on their inquiry into “Making Our Prison’s Work:” While some people are debating the wording of the Aboriginal made adult recidivism is 70%, Aboriginal preamble, I would like to us go even deeper in our female adult recidivism is 55%, Aboriginal male understanding of the inherent dignity and worth of juvenile recidivism is 80% and Aboriginal female Aboriginal peoples as the original custodians of this land juvenile recidivism is 64%. Where is the justice for and what this means to us as human beings and our Aboriginal people continuing to suffer from this position understanding of justice. Aboriginal peoples are the First of disadvantage? Where is the justice in the fact that Nations Peoples of this land. We had our legal, political despite the immense challenge of so many Aboriginal and social systems in place for thousands of years. people being in such high contact with the justice There was no justice when our land was taken, no system, that our Aboriginal Legal Service does not get treaties entered, no recognition of our existence as any funding from the WA Government? And where is human beings. Our children were forcibly removed, and the justice when the funding we do receive from the our culture and identity was disregarded by a dominant Commonwealth falls drastically short of the funding colonial force imposing this foreign system of assimilation provided to mainstream Legal Aid? Where is the upon us. Constitutional reform is needed. But this justice in these realities of structural disadvantage and fundamental change of the foundation document upon ongoing racism that Aboriginal people experience in which all laws, all institutions and the fabric of Australian our daily lives? There is no justice in the WA justice society is based must be drastically reconsidered in the system. Before I discuss some of these issues about broader context of human rights discourse. We must get justice in a bit more detail, let’s consider a bit more this process right. This is a once in a generation what exactly justice is. Where does our understanding opportunity to create justice for Aboriginal peoples. This of justice come from? Today is International Human is a chance for real, effective and meaningful change to Rights Day, a day that we celebrate the anniversary of recognise and respect the true position of Aboriginal the Universal Declaration of Human Rights being peoples in this country. The inherent dignity of Aboriginal adopted by the General Assembly of the United people as human beings must be recognised as a Nations in 1948. By looking at the rule of law in this fundamental starting point in our justice system.There country, we can see that our human rights are not must be recognition of our suffering from historical and protected. In the absence of a WA or Commonwealth ongoing injustices as a result of colonialism and Human Rights Act, we have piecemeal protections of dispossession of our lands, territories and resources that human rights in the common law and through ad hoc have prevented us from exercising our human rights in bits of legislation. This is not enough. The evidence of particular to development, in accordance with our own our justice system failing Aboriginal peoples, of needs and interests. Page 7 Law Matters

Human Rights Day 10 December 2010 continued from previous page

There is an urgent need to respect earlier is through the provision of devastating consequences. A real and promote our inherent rights as effective funding for the Aboriginal commitment is needed to respect the Aboriginal peoples, which derive from Legal Service of WA. There is a rights of Aboriginal peoples and our political, economic and social major disparity in funding mainstream overcome the gap in our justice structures and from our cultures, legal aid and Aboriginal legal aid in system. Meaningful funding for the spiritual traditions, histories and this country, and especially in WA Aboriginal Legal Service is one part philosophies. We need to embrace where we receive no state funding of this complex challenge to create this language and understanding of whatsoever in the delivery of our better justice in our justice system. human rights in the way we consider services to Aboriginal people. How This funding is needed to increase and talk about justice. The United can this continue? It is the Aboriginal our capacity for service delivery Nations Declaration on the Rights of Legal Service out there in regional across all levels of practice, which Indigenous Peoples provides us with areas providing legal assistance and include criminal, family, civil, human a framework for reshaping our representation to Aboriginal people in rights, community legal education, relationship as human beings in a need where no one else will go. But policy and law reform and prisoner truly just society. This Declaration of course, we are busy here in Perth support. It would also include identifies that justice systems around as well. But let me ask you do we significant increases in funding to the world have failed Indigenous need reminding, that the reason so adequately provide these services in peoples who have suffered abuse many Aboriginal people require the regional areas. We must think about and oppression by majority assistance of the Aboriginal Legal justice by considering where justice governments that have denied us our Service is because of the past begins for us all as human beings dignity and respect as human beings. government imposed policies such here on Human Rights Day Aboriginal peoples have the right to as segregation, removal, stolen commemorating the Universal self determination, to freely wages and dispossession from land Declaration of Human Rights. We determine our political status and to that have denied our people the right must think about justice in the pursue economic, social and cultural to development which continue to context of human rights and the rule development - to autonomy or self- have devastating impacts on of law – through legislative government in matters relating to our Aboriginal people today? Aboriginal protections and even deeper, through internal and local affairs.We have the people were largely under the control fundamental change embedded in right to maintain and strengthen our of these discriminatory government constitutional reform. We need to distinct political, legal, economic, policies. We have not had the same close the gap on Aboriginal contact social and cultural institutions, whilst opportunities as others to develop in with the justice system. We need retaining our right to participate fully our own right, in accordance with our better recognition of human rights, in the political, economic, social and needs and our interests. The which includes collective Aboriginal cultural life of the State. These rights, Aboriginal Legal Service was created rights in Australia. We need a and many others, are set out in the in the 1970s to overcome constitution that is not racist, and that Declaration on the Rights of disadvantage, and racism and recognises the true place of Indigenous Peoples – a powerful inequities in the justice system. Aboriginal peoples as original instrument, which we must embrace There is just as much need for us inhabitants and true owners of this and implement to create justice in our now, as there was back then. The land. The time is right for change. society, and in WA. The death of Mr government at state and federal The time is right to recognise human Ward could have been prevented if levels continue to control Aboriginal rights are the way forward for we had increased human rights peoples and create ill-conceived creating justice in our currently unjust protections in our system. policies and laws that have system. Legislative protections of human rights could have created justice in L-R David Collard, this avoidable situation, instead of Dennis Eggington Ronnie Jimbidie, such a terrible, unforgiveable Frantessa Cox, Dee injustice in the WA justice system. Lightfoot. Another example of how we could achieve better justice in the WA (Photos courtesy of the Equal Opportunity justice system that I referred to Commission) Page 8 Law Matters

ALSWA Pamphlets available on website The Aboriginal Legal Service of WA (Inc) provides legal representation and support services for Aboriginal and Torres Strait Islander peoples in Western Australia. ALSWA has a range of pamphlets available on our website at www.als.org.au including: Services at the Aboriginal Legal Service of WA - Arrest - Bail - Conflict of Interests - Compensation for Criminal Injuries - Compensation for Motor Vehicle Injuries - Defamation - Discrimination - Extraordinary Licences - Going Surety - Guardianship and Administration - Making a Will - Prisoner Support Team - Restraining Order - Traffic Offences - Video Record of Interview - Your rights as a Consumer If you require ALSWA pamphlets to be posted to you or to your organisation please contact ALSWA’s Law and Advocacy Unit in Perth on 08 9265 6666.

January 2011

Mon Tue Wed Thu Fri Sat Sun

1 2

3 4 5 ALSWA 6 7 8 9 Offices ALSWA Re-open OFFICES 10 11 12 13 14 15 16 CLOSE at 12 noon on Friday 17 18 19 20 21 22 23 24/12/10 and RE-OPEN at 24 25 26 27 28 29 30 8.30 am on Wednesday 5/1/2011 31

Merry FOR URGENT LEGAL ADVICE RELATING TO A CRIMINAL LAW Christmas MATTER WHEN ALSWA IS CLOSED PLEASE PHONE ALSWA’S AFTER HOURS OFFICER IN PERTH ON 08 9265 6644

Law Matters Summer 2010-2011 ALSWA:JH