Aboriginal Way Issue 51, Dec. 2012 A publication of South Australian Native Title Services Ngarrindjeri Culture takes Centre Stage

Rritjarukar (Willy Wagtails) Choir performing at Ngarrindjeri sharing circle at the biennial Regional Arts Australia National Conference, Kumuwuki/Big Wave held in Goolwa from 18–21 October 2012. More on page 4.

We’ll fight for Fishing Rights

Aboriginal leaders in South Australia the Racial Discrimination Act, it pre-exists government or the fisheries department”, but they haven’t backed it up with any say their people will continue the establishment of South Australia as a he said. policies or regulations that enable our to practice traditional fishing state, and all the different fishery regimes people to go out and do what we do Furthermore, the Native Title Act is a despite the Supreme Court that have come into place. without looking over our shoulder to see mechanism that has been put in place finding native title rights to fish if there’s a fisheries inspector nearby” My people, the Narungga people, for Aboriginal people to access their have been extinguished. said Mr Wanganeen. our fishing has been continuous for pre-existing rights” said Mr Wanganeen. Klynton Wanganeen, the innaugural thousands upon thousands of years I would like to see the Fisheries Mr Wanganeen’s comments are in Commissioner for Aboriginal Engagement and our connection to our sea country Department and the Crown Solicitors response to the South Australian Supreme said regardless of Australian law, has been unbroken. Our cultural Office and the Attorney General’s Office Court’s decision on May 22 this year that Aboriginal people have a pre-existing practices and our fishing exists today all come to their senses and look at the native title fishing rights for Aboriginal right to fish as part of their ongoing and we still continue to fish and teach reality in that our traditional practices cultural practice. people in South Australia were extinguished have been going on non-stop and we will our kids to fish and to be safe in the by the Fisheries Act (1971) SA. continue those regardless of what they “Aboriginal people’s rights to fish have sea and we will continue to carry out do”, Mr Wanganeen said. always been there and always will be. It our practices and our fishing regardless “The current South Australian Fisheries pre-exists white man’s law, it pre-exists of what happens in terms of the state Act includes traditional fishing rights continued on page 3

Inside: From the Kimberley to Vancouver 3 Vision for Health 6 SA Students receive award for excellence 9 Working together to protect country

Above: Project particpants at Tieyon station.

A new land management project The project has developed from the points. The next step will be to go back here and we’d like to work together and with traditional owners in the far traditional owners desire to protect out and clean the sites and continue keep the relationship going”. north of South Australia is working important cultural places and continue working together to look after country”, Mick Durant, Senior Vegetation Consultant to look after country. Ms Anderson said. to protect and improve the with Greening Australia, said the project conditions of significant cultural Participant, Donald Grant said “the main The project is also building was a great learning experience. sites on pastoral properties. thing we are looking for are the water understandings and relationships “We visited some amazing sites amongst holes that our old people used to use The project, ‘Kapi Palya Kanyintjaku: between Anangu nguraritja (traditional the red sand of inland Australia, including when travelling through”. Protecting water in our Country’, is a owners) and pastoralists. rock overhangs, creeklines and granite partnership between Native Title holders, Director of DeRose Hill Ilpalka Aboriginal Karina Lester, Chair of DeRose Hill Ilpalka outcrops. The experience was fantastic pastoralists and South Australian Native Corporation, Tjaruwa (Mary) Anderson Aboriginal Corporation said “This is a and the generosity of the traditional owners Title Services. said it is important to protect country great example of good partnerships with in sharing their culture and stories is for the next generation. something I won’t forget,” said Mr Durant. Since July, the parties have undertaken Anangu nguraritja (Native Title Holder’s), field work to assess the condition of over “I have enjoyed working with everyone, Pastoralist and Environmentalist In early 2013, the traditional owners will 30 cultural heritage sites associated with it is the first time I’ve been on this all working to protect country and commence an on-ground works program water on De Rose Hill and Tieyon pastoral country and it was good to listen to the developing a good management plan for to clean rock-holes, control weeds and the future protection of these culturally stations. This involved a group of eight senior person, Peter De Rose because he other vegetation, establish monitoring significant places”. traditional owners working with SANTS used to travel the country with his father sites, and possibly fence off some areas. and he knows the names of every site. staff and consultants to identify cultural The manager of Tieyon Station, Paul This project is supported by South and ecological values, threats to these It’s important for us to record the sites Smith said “It’s interesting how life Australian Native Title Services, through important places, and agreement on the and look the after them and to show the evolves and changes, it’s important to funding from the ’s management actions. younger generation the way to the water recognise the past, that’s why we are Caring for our Country program. Aboriginal and Torres Strait Islander Peoples Recognition Bill On 28 November, the Australian referendum to change the Australian The Bill provides towards change and the ultimate goal Government introduced the Constitution to recognise Aboriginal of constitutional recognition. Aboriginal and Torres Strait Islander and Torres Strait Islander peoples”. opportunity for Parliament The Australian Government agrees with Peoples Recognition Bill 2012 to support and commit The Bill includes a statement of the findings of the Expert Panel that a into Parliament. recognition of the unique and special to constitutional referendum should be held at a time The Bill provides opportunity for place of Aboriginal and Torres Strait recognition of Australia’s when it has the most chance of success. Parliament to support and commit to Islander peoples that largely reflects constitutional recognition of Australia’s the wording suggested by the Expert First Peoples. To learn more and get involved in First Peoples. In introducing the Bill, Panel on Constitutional Recognition building support for constitutional Minister Macklin said it is “a clear step of Aboriginal and Torres Strait It contains a sunset date of two years, change, visit www.youmeunity.org.au forward towards holding a successful Islander peoples. which sets a clear timeframe to build for more information.

2 Aboriginal Way, December 2012 From the Kimberly to Vancouver – Australian Indigenous ranger’s travel to Canada Indigenous rangers from the their land. Indigenous peoples have an Kimberley and the important and legitimate role in helping recently to manage the global environment, and took part in a 10-day exchange hopefully Australia’s commitment to this with Canadian First Nation Peoples program will encourage other countries as part of a new global initiative to become involved”, he said. under the Indigenous Rangers Federal Environment Minister Tony Burke Network program. said the Indigenous Rangers network is Organised by the Pew Environment an important environmental achievement. Group and funded through the Federal “This global network recognises Government’s Working on Country Above: Rangers at Vancouver University of British Columbia. Indigenous peoples’ traditional knowledge program the exchange aimed to connect traditional knowledge and ideas from to protect and nourish the land and around the world for best practice land sea, contributing to the social and and sea management. environmental health of their own nations and the world. Daniel Oades, an Indigenous Ranger from the Kimberley Land Council who took The expansion of the Indigenous Rangers part said the exchange was worthwhile network is one of the most important because it gave Canadian and Australian environmental achievements of this traditional owners an opportunity to meet Government,’’ said Mr Burke. and share experiences. This was the first of several exchanges The Canadian first peoples “were in the lead up to the inaugural very welcoming to us and interested international network conference in what we had to say and it gave us in Darwin in May 2013. the chance to listen to other people’s The conference will bring Indigenous circumstances” peoples and local communities “Some Canadian first peoples have together from around the world to treaties and others are still fighting shape the network and ensure its for land rights, and it gave us a long term viability. good understanding not only of their Australia led the initiative and recruited circumstances but also to compare the Brazil, Norway and New Zealand to way things work back home”, he said. form the Indigenous Peoples and Local “The experience was definitely Communities Land and Sea Managers worthwhile. We can only benefit from Network at the Rio+20 sustainable sharing ideas and it increased my development conference in Brazil knowledge about how others manage earlier this year. Above: Daniel Oades at Dene camp near Detah NWT. We’ll fight for Fishing Rights continued from page 1 Patent of 1836 which established tradition of fishing for our food and greenlip abalone meat at Cape Elizabeth, the province of South Australia which to manage our resources and if this south of Port Hughes on Yorke Peninsula. Keith Thomas, South Australian recognised the right of the native means breaking the state of South Native Title Services (SANTS) CEO, SANTS Principal Legal Officer, Andrew inhabitants to enjoy and occupy Australia’s fishing law which has been said the Supreme Court’s decision is Beckworth said the Supreme Court their lands and waters and for their introduced because of their own greed disappointing and one that affects all findings in the Karpany case mean native descendants to do so. And furthermore and mismanagement then so be it. Those native title holders. title holders that had the right to fish it is a joke that the State Government laws cannot stand in the face of the determined by the federal court may no “The decision is problematic for all ideas of a just settlement in the Letters tells us that we can’t fish or gather longer exercise and enjoy those rights holders of native title and those who may Patent of 1836, Australia’s human rights cockles within our own sea country. We and those that are claiming native title achieve native title. People will continue obligations, or the sense and wisdom don’t operate outside the law, we operate rights to fish would be unable to have these practices but as it stands they of Aboriginal customary laws to fish,” within our own legal framework, these are those rights determined. are at risk of criminal charges and hefty our laws and they preceded settlement. Mr Trevorrow said. court fees”, Mr Thomas said. An appeal by Mr Karpany has been The State can try and deny legitimacy The Supreme Court’s decision came referred to the full bench of the High Tom Trevorrow, Ngarrindjeri Elder of our law systems of Aboriginal after the Department of Fisheries and Court and is expected to be heard in and Chair of the Ngarrindjeri Regional management and resource allocation of appealed the acquittal of February next year. Authority said it is “totally wrong and natural resources but they cannot deny two Narungga men, who were charged unacceptable for the State of South its existence. Aboriginal people have a with taking 24 undersize abalone from Mr Beckworth said “SANTS has Australia to attempt to forcefully take moral and legal claim to fish not only Yorke Peninsula in 2009. intervened in this matter in order to away the first peoples traditional based upon management of resources protect native title rights of Aboriginal Owen John Karpany, 59, of Kapunda, and fishing rights.” and material needs but also on the rights People in South Australia. son Daniel Thomas Karpany, 24, who that originate within our culture. “It is an abuse of our basic human right, belong to the Narungga people, were SANTS remains optimistic that the it is our right under the rights of native The Ngarrindjeri people will continue charged under the Fisheries Management High Court will overturn the decision title and it is a right under the Letters to practice and carry out our cultural Act 2007 after they were found with of the Supreme Court,” he said.

Aboriginal Way, December 2012 3 Ngarrindjeri Culture takes Centre Stage A two day celebration and showcase was also there to open the sharing it’s an ongoing cultural way”, said indigenous and non-indigenous people of Ngarrindjeri arts and culture circle and welcome the public. Mr Trevorrow. to get together. was presented for the first time Minister Caica said the sharing of Stephanie Gollan, Ngarrindjeri artist “it is important to have an open forum as part of the nation’s largest arts Ngarrindjeri culture was an important and cultural instructor based in Adelaide where people feel comfortable and it’s industry event. step in the wider reconciliation process. led the children’s Animal Stencils and interactive so it’s different to just buying The biennial Regional Arts Australia Jewellery making workshop with a bush Aboriginal art, it’s about interacting and “This festival highlights the very National Conference, Kumuwuki/Big animal theme. important role that culture plays not talking to Aboriginal people, to elders Wave held in Goolwa from 18–21 October only for Aboriginal people, and in this Ms Gollan said cultural events like this and finding out about our culture. showcased some of Australia’s best instance the Ngarrindjeri people, but are important in celebrating Ngarrindjeri regional-based artists with a focus on “A lot of people aren’t aware of also to the broader community. Events history and reminding people that the the local Aboriginal culture. Ngarrindjeri culture and people have like these are vital to the reconciliation Ngarrindjeri culture is still alive today. been asking a lot of questions. Some It was the first in the event’s 14 year process. I just think it is wonderful, “Our people have been here for a long people from Gawler were unaware that history to have a dual Indigenous/ and anyone who was here today to time and we are celebrating this with there were still Ngarrindjeri people living non-Indigenous title. witness the dancers and the singers the sharing circle. We have kept up with in this region,” she said. could not help but be impressed. We During two days of the four-day our technology, our arts and language can all learn from our first peoples, Ms Brown said the event was also an conference, a special Ngarrindjeri and we want to pass on our knowledge not only about how we can live our lives opportunity for Ngarrindjeri people to Sharing circle was set up in Jekejere to our children. We would also like but the relationship between the way meet and share stories. Park behind Goolwa’s cultural arts centre. non-Aboriginal people to learn about we live our life and the environment,” our culture that is over 50 thousand “It’s been an emotional experience for The sharing circle gave people the said Minister Caica. years old. many people, people have been able to opportunity to meet Ngarrindjeri people Tom Trevorrow, Ngarrindjeri Elder open up and learn by listening to elders from the region and learn about basket and Chair of the Ngarrindjeri Regional and it’s been a lovely environment for weaving, tracking and fishing, making a “This festival highlights Authority held a workshop Living Culture people to come together and share Pulgi ( home), foods, Camp Coorong as part of the showcase. the very important their stories. hunting tools, musical instruments, clothing, singing, dancing and dreamtime. The workshop allowed people to handle role that culture plays The coming together of the Ngarrindjeri hunting tools and historical artifacts. community has been great and then Ngarrindjeri Elder Aunty Eileen opened not only for Aboriginal also being able to collectively share our the sharing circle and welcomed Mr Trevorrow said that the sharing circle people, and in this everyone to join the celebrations. was important because it gave people stories and knowledge with other mobs She said the event was a good an understanding of how Aboriginal instance the Ngarrindjeri and non-Indigenous people has been opportunity for people to learn people survived. people, but also to the better than expected ”, said Ms Brown. about Ngarrindjeri culture. “It’s good because it gives people broader community.” Local Gawler resident, Elwyn Heinrich “The Sharing Circle is a chance for an opportunity to touch and feel the agreed that the event was a great way Ngarrindjeri people to showcase our instruments. People do not always know That’s what I love about Kumuwuki – Big for Ngarrindjeri to share their culture culture through expression of getting whether they can touch them but here Wave, having the sharing circle is to show with the wider community. that we are maintaining our culture and together and sharing how rich a culture we are saying ‘go on’. It gives them a “It’s been good to have a look around we have. Our culture is about celebrating real understanding that Aboriginal People keeping our ancestors happy and we are and see what’s going on, I cannot say life with respect to family and the lands knew how to survive. doing our best to keep history alive for I know much about Ngarrindjeri people. and waters we have lived in for thousands the next generation,” said Ms Gollan. “Some of the tools are still used today, There are quite a few different events of years” Aunty Eileen said. so having them on display and getting Indigenous Arts Engagement Officer that happen in Gawler and it is good The Minister for Aboriginal Affairs people to see and touch them and ask at Country Arts SA and event organiser for different cultures to be shared with & Reconciliation, Hon Paul Caica MP, questions about them, it shows that Mandy Brown said it is important for others,” he said.

This page: Above and top right: Rritjarukar (Willy Wagtails) Choir performing at Narrindjeri sharing circle. Bottom right: Vicki Hartman and Tom Trevorrow. Opposite page: Clockwise from top: Narrindjeri sharing circle; Anita Wano, Jillian Heppner, Vicki Hartman; Ariarna Rigney; Aunty Eileen (holding baby) in the Narrindjeri sharing circle; Aunty Muriel Van Der Byd and Minister for Aboriginal Affairs Hon. Paul Caica; Participants in the Pulgi (Humpy home); Children from the Rritjarukar (Willy Wagtails) Choir; Stephanie Gollan selling her Jewellery at the sharing circle arts market.

4 Aboriginal Way, December 2012 Aboriginal Way, December 2012 5 Photo courtesy of The Fred Hullows Foundation. Vision for Health The National Aboriginal Community James Muecke, Chairperson of the Sight “One of the big problems has been to have the operation and then home Controlled Health Organisation For All Foundation said Diabetes is now a condition called Trachoma which again so that future patients have a good (NACCHO) and the Sight For All a major cause of health complications is an infection carried by flies. The understanding before going ahead with Foundation urge Aboriginal and in Aboriginal communities. condition is related to lack of hygiene the surgery. Torres Strait Islander people to and environmental factors but Trachoma Similarly, The National Aboriginal have regular eye health checks. has been on the decline for the last A message from the Community Controlled Health In Australia 75% of vision loss is decade or more. In fact, in South Organisation has released an eye health preventable or treatable but for Sight For All Foundation Australia we haven’t seen a new case DVD, Our Eyes Our Journey, funded Aboriginal and Torres Strait Islander is the importance of of blindness caused by Trachoma in people this figure rises to 94%. over a decade. So even though there by The Fred Hollows Foundation and easing fear of having are still a few cases where people developed by the Victorian Aboriginal Despite this staggering percentage, were affected by the disease years Community Controlled Health 35% of Aboriginal and Torres Strait cataract surgery and ago, we are not seeing new cases of Organisation in collaboration with Oxfam Islander adults have never had an regular eye checks, the problem. and Vision 2020 Australia. eye test. as well as a healthy The video promotes key eye health Ms Lisa Briggs, incoming CEO of One of the other big problems is NACCHO and Chair of the Vision diet, exercise, good cataracts. One of the major issues with messages and can be viewed on the 2020 Australia Aboriginal and Torres diabetic control. cataracts is that people are fearful of NACCHO website. Strait Islander Committee said “while the operation. For a person from a Ms Briggs is encouraging people to all Australians need to be proactive in remote community who has to travel “Diabetes 30 years ago was almost look online at the NACCHO website managing their eye health, the to the city for the operation, it can be non-existent in Aboriginal communities. and Health Info Net to find out about statistics indicate Aboriginal and a frightening prospect and a number of But there’s been an 80 percent increase Aboriginal eye health issues and use Torres Strait Islander people need compared to mainstream non-Aboriginal patients will back off from having the to be particularly vigilant.” surgery simply because they are fearful,” available recourses. population over the last 30 years and Mr Muecke said. “For Aboriginal and Torres Strait Islander in some communities it is a serious “Prevention and education is the key, peoples, we should be regularly tested problem. We really have to look at health A message from the Sight For All there is a lot of goodwill and intent for eye diseases, and if you’re a diabetic and lifestyle as ways of controlling Foundation is the importance of easing happening at a grass root level. If we you should be tested every year for diabetes. Not only that, people need to fear of having cataract surgery and demystify the process and if we get our your whole life cycle. Children should be coming at least once a year for an regular eye checks, as well as a healthy eyes tested regularly then we can close be tested before they start school, eye check,” he said. diet, exercise, good diabetic control. the gap on vision,” Ms Briggs said. before high school and then as part of an adult health check. Vision loss is seen Mr Muecke said that although Diabetes Sight For All will soon release a video that www.healthinfonet.ecu.edu.au as old person’s disease but it’s not,” said is on the rise other causes of blindness tracks the path a patient takes from their nacchocommunique.com Ms Briggs. have declined. home to the clinic and to the hospital www.sightforall.org

6 Aboriginal Way, December 2012 Photo courtesy of The Fred Hullows Foundation.

Diabetes Cataract

Diabetes is our nation’s fastest growing chronic disease and unless A cataract is a mostly degenerative condition in which the lens of the eye clouds action is taken now, it expected to overtake heart disease and cancer to over, obstructing the passage of light to cause vision loss and, potentially, blindness. become the largest cause of disability and premature death in Australia. • Cataract caused one-third (32%) of blindness in Aboriginal and Torres Strait Islander adults. The good news is that type 2 diabetes can be prevented through positive lifestyle changes. In fact, the risk of developing type 2 diabetes can be • About 65% of people with cataract had been operated on. reduced by up to 60% by maintaining a healthy weight, being physically Eye injury, smoking, heavy drinking, too much sun exposure and diabetes can increase active and following a healthy eating plan. the risk of getting cataracts.

Early detection

Diabetes is a condition that cannot be ignored, but sadly, there are many people within our community that have diabetes without knowing it.

In fact, it is estimated that for every diagnosed case of type 2 diabetes, there is another that goes undiagnosed and untreated. Diagnosis and appropriate management is paramount: research has shown that if people with diabetes can manage their diabetes well, the risks of complications are greatly reduced and may be either prevented or significantly delayed. Above: NACCHO website video. Right: Two girls ready for an eye health check.

Trachoma

There are more cases of Trachoma in remote communities than in urban centres. During the 1970s, the Australian Government treated nearly 40,000 Australians affected with trachoma. In November 2006, the National Trachoma Surveillance and Reporting Unit (NTSRU) was established to combat trachoma among outback Aboriginal communities.

Trachoma is a bacterial infection of the eye that can cause complications including blindness. This preventable disease is linked to poor hygiene and is often associated with poverty. Lack of facial cleanliness is the key factor that causes the spread of the infection that causes trachoma. Trachoma is also sometimes known as sandy blight.

Prevention

A clean face and clean environment is important to prevent Trachoma. The Australian guidelines closely follow those outlined in SAFE, the World Health Organization’s proposed form of trachoma control. SAFE stands for Surgery, Antibiotics, Facial cleanliness and Environmental improvement.

The proper implementation of the full SAFE Strategy has significantly reduced trachoma in many communities. Above: Eye health check.

Aboriginal Way, December 2012 7 Wik and Wik Way Peoples final win On October 11, the Wik and Wik Title Act 1993, the Wik Peoples for a determination of native title These findings were appealed to the Way peoples won their final battle commenced legal proceedings under the . Full Court of the Federal Court and for non-exclusive native title rights for a common law declaration of removed to the High Court. • 11 March 1994 to traditional lands in far north their native title rights in far north Justice Drummond of the Federal • 8 October 1996 Queensland. Queensland. The Thayorre People Court ordered that if they gave The Howard Government released The consent determination was handed cross-claimed for similar declarations undertakings not to prosecute amendments to the Native Title Act down at a special Federal Court hearing in relation to land covered by the Wik further their claims to Aboriginal title 1993 – based on the assumption that in the remote indigenous community claim. Part of the land claimed was and possessory title in the Federal pastoral leases extinguish native title. of Aurukun. subject to pastoral leases. Court proceedings, all the claims for • 23 December 1996 Aboriginal title and possessory title The claim stems from the High Court’s • 16 December 1993 The High Court hands down its would be adjourned sine die so as to The Commonwealth legislated to landmark Wik decision in 1996, which enable the Wik Peoples to apply for a decision in the Wik Peoples v found native title could co-exist with recognise and protect native title determination of native title under the Queensland. The Court by a 4-3 pastoral leases. rights and interests through the Native Title Act 1993. Majority held that pastoral leases enactment of the Native Title Act do not necessarily extinguish any The Wik and Wik Way peoples were 1993. While the Act did not contain • 23 March 1994 native title interest that may have granted title to 19,672 square kilometres The Wik Peoples gave such an provisions extinguishing native title survived, but that where there is of land south of Weipa. It gives the undertaking and the following day on all pastoral leases, the preamble conflict between native title rights claimants the right to camp, fish, hunt applications for a determination of to the Act stated that native title is and interests and the rights of and conduct traditional ceremonies. native title and compensation were extinguished by valid inconsistent pastoralists, the latter prevail. It is the final determination on the Wik lodged with the National Native government acts such as the grant The Court did not decide on the and Wik Way people’s native title claim, Title Tribunal. existence and nature of any native of freehold and leasehold. which was first lodged in the Federal • 29 January 1996 title rights the Wik and Thayorre Court in 1993. • 9 February 1994 Justice Drummond held that the grant Peoples might have, referring this The Wik Peoples sought an order from of pastoral leases had necessarily matter back to the Federal Court. Key dates in the Wik case the Federal Court of Australia for the extinguished any native title that Source: Hunter, Philip (1997) The Wik Decision: • 30 June 1993 entire proceedings to be adjourned the Wik and Thayorre Peoples may Unnecessary Extinguishment, in Hiley, Graham (1997) The Wik Case, Issues and Implications, Before the enactment of the Native sine die so as to permit them to apply have had on pastoral lease land. Butterworths, Sydney. Study into the homeless Remembering Redfern away from home in South Australia A new study into the nature and although a smaller group intended to extent of seasonal homelessness stay at least three months. experienced by Aboriginal • There were no first-time travellers people moving between remote among the participants. communities in South Australia was released last month. The project also raised awareness of the difficulties associated with The University of South Australia’s improving local data collections in Centre for Rural Health and Community rural and remote locations. Development surveyed Indigenous Minister for Housing and Homelessness travellers in Ceduna and Port Augusta Brendan O’Connor said “Indigenous On 10 December 1992, Prime Minister Paul Keating gave a momentous to find out their reasons for travel, how people in remote communities frequently speech in Redfern Park which acknowledged the impact of European long they planned to be away from home, travel to towns and cities for health, settlement on . and how often they visited. education and employment services, The researchers collected a range of leisure, judicial requirements, seasonal “… the starting point might be to recognise data from Indigenous travellers, including conditions or safety,” that the problem starts with us non-Aboriginal the time of visit, frequency of visits and “These movements often lead to people Australians. It begins, I think, with that act of length of stay, gender, age, employment being ‘homeless away from home’, and status and usual place of residence. can put pressure on housing, social and recognition.” education services in regional centres They found: not expecting their arrival.” “We cannot imagine that the descendants of • There were more than twice as many “The Government welcomes this male as female participants. people whose genius and resilience maintained research, which provides an important • In Ceduna, most participants were insight into a largely unknown client a culture here through 50,000 years or more over 50 years old, whereas in Port group,” Mr O’Connor said. … will be denied their place in the modern Augusta participants were primarily The report is available at Australian nation … I am confident we will under 40 years of age. http://homelessnessclearinghouse. succeed in the next decade.” • Most participants, particularly older govspace.gov.au/whats-new-3/ people and couples, were on circular research-release-homeless- Paul Keating, 10 December 1992 away-from-home-understanding- trips between home communities and Have we succeeded? homelessness-patterns-arising-from- regional centres. the-seasonal-mobility-of-aboriginal- On this 20th Anniversary of the Redfern Speech we encourage all Australians to • Most participants intended their trip people-to-regional-service-centres- talk about what these words mean and where we go from here. to be between one and three weeks, september-2012/

8 Aboriginal Way, December 2012 SA Students receive award for excellence

Above: students receiving Walpaara Anpa awards with His Excellency Rear Admiral Kevin Scarce AC CSC RANR Governor of South Australia and Hon. Paul Caica, minister for Aboriginal Affairs and Reconciliation.

Ten of the State’s most promising students as well as encouraging students • Joshua McKenzie – • Tori Wilson – Seymour College students received academic to complete their schooling. Banksia Park International • Sakara Mahomed-Nam – achievement awards at Tandanya The 2012 award winners come from • Brodie Thomson – Reynella East Port Augusta Secondary School theatre last month. right across the state, with five from • Kayla Richards – • James Wilson – This is the sixth year of the Walpaara metropolitan Adelaide and five from the Golden Grove High School Naracoorte High School Apna Awards, an initiative of the regional areas of Loxton, Murray Bridge, Port Augusta, Moonta and Naracoorte. • Katrina Nuske – Woodville High Department of Planning, Transport Each student will be awarded a laptop and Infrastructure. The winners of the 2012 Walpaara Anpa • Kartanya Martin – computer, providing an opportunity Salisbury High School The awards recognise exceptional Awards are: for them to excel in their chosen field academic achievement of Aboriginal • Willis Daveson – Moonta Area School • Sharnee Walters – Loxton High of study. Native Title reforms introduced On November 29, the Attorney- The Tax Laws Amendment Bill 2012 to The new laws will ensure certain “This legislation responds to stakeholder General introduced the Native clarify the income tax treatment of native payments and benefits arising from calls for reform and will assist traditional Title Amendment Bill 2012 into title benefits was also introduced into native title agreements will not be owners when they are negotiating native Parliament. parliament that day. subject to income tax. title agreements,” Minister Macklin said.

The Bill makes a number of The amendments also confirm that The Senate referred the Amendment amendments to the Native Title Act “…the current native certain capital gains from native title Bill and new tax laws to the Legal 1993 relating to the disregarding of title reforms will help rights are not taxable and Constitutional Affairs Legislation Committee (committee) for inquiry historical extinguishment of native Minister for Indigenous Affairs, Jenny achieve sustainable and report. title, ‘good faith’ negotiations and Macklin said the current native title processes for Indigenous Land outcomes under native reforms will help achieve sustainable The committee is due to report on Use Agreements. title agreements.” outcomes under native title agreements. 13 March 2013. NITV goes to free-to-air National Indigenous Television Two new drama series to hit service NITV begun broadcasting the small screen on SBS4 digital spectrum on Screen Australia has invested in two new th December 12 . This is the first Indigenous productions: the television drama time NITV has been available for series The Gods of Wheat Street and Inside all Australians via free-to-air TV. AFL (working title). To be produced for ABC television, the projects are funded through The new NITV channel will maintain Screen Australia’s Indigenous Department. editorial responsibility over delivery Screen Australia’s Head of the Indigenous of the channel, and will continue to Department, Erica Glynn, said, “Both of these produce content covering a variety of productions reflect the extraordinary growth genres, from music to health, sport, and maturity of Indigenous filmmaking.” news, current affairs, culture and Both TV series are expected to be aired children’s programs. sometime next year.

Aboriginal Way, December 2012 9 An extract from: BRAD SELWAY MEMORIAL LECTURE Law Society of South Australia Thursday, 13 September 2012 by Justice John Mansfield AM 1 Native Title in South Australia: A Paradise or a Paradise of Dissent “It is an honour and a privilege to deliver the Brad Selway Memorial Lecture for 2012.” Justice John Mansfield

In any formal sense, the first tremblings 1976 (Cth) (the Land Rights Act) The High Court recognised native title in the decision in Brandy v Human Rights of the recognition of native title rights which allowed Aboriginal people in the Australia for the first time, and rejected and Equal Opportunity Commission in Australia, a country which was theirs to make claims on the doctrine of “terra nullius” in favour in which the High Court found that before white settlement, arose in the Crown land for which they could prove of the common law recognising where the decision making system – in that Gove land rights case in 1968. That is their traditional ties. There have been appropriate Aboriginal title in land. The case, providing for the Human Rights some 200 years after Cook first saw subsequently many grants of land by the Gove land rights case was overruled. and Equal Opportunity Commission to Australia in 1769, and 180 years after Commonwealth in respect of Crown land The High Court accepted that there was make determinations which were to be Governor Phillip’s First Fleet landed in in the Northern Territory. a concept of native title at common registered with the Federal Court and Australia in 1788. It is nearly 140 years law, that its source was the traditional which were then to have judicial effect – However, recognition of native title after South Australia was proclaimed. connection with or occupation of land was unconstitutional, as an impermissible rights in land after the Land Rights Act That case was heard by Sir Richard by the Indigenous peoples, and its was slow. In South Australia, legislation exercise of judicial power by a non-judicial Blackburn, also a South Australian but by content and nature was determined by mirroring the Land Rights Act, granted body. The NNTT was vulnerable to the then serving as a Judge of the Supreme that connection and occupation under to the APY People in South Australia same criticism. Court of the Northern Territory. The the traditional laws and customs. It substantial land in the north west of That was remedied by providing that all Yolngu People living in Yarrkala, people also decided that native title could be the State. There was otherwise no claims for the determination of native who were the traditional owners of the extinguished by the valid exercise of formal or systematic recognition of title under the NTA to that time were to Gove Peninsula in Arnhem Land, issued government power following settlement. native title rights over the next almost be, and were, transferred to the Federal proceedings against Nabalco Pty Ltd in two decades. The next impetus for The decision in Mabo (No 2) led in Court for hearing and determination and relation to the mining lease for bauxite change came through the Mabo cases. relatively short time to the Native Title all new claims were to be made directly granted by the Federal Government. On 30 May 1982, the case of Mabo v Act 1993 (Cth) (NTA), which provided a to the Court. Consistent with the original They claimed that they enjoyed legal Queensland began with the lodgement framework for Aboriginal people to claim concept, all claims were then immediately and sovereign rights over the land and of the plaintiffs’ statement of claim in native title over land where such native referred to the NNTT for mediation sought declaratory relief to occupy the the High Court for the recognition of title had not been extinguished. The NTA unless the Court otherwise ordered. land free from interference in accordance native title over the Murray Islands. The also established the National Native Mediation was and still is intended as the with their native title rights. They had matter was remitted to the Queensland Title Tribunal (NNTT), which was to make primary means for progressing claims. previously petitioned the Australian Supreme Court for findings of fact but determinations of native title, which were House of Representatives in August 1963 this was to be suspended pending a then appealable to the Federal Court of As part of the very complex amendments with a bark petition to prevent the grant High Court decision on a demurrer, Australia and in turn to the High Court. effected, the 1998 Amendment also of the mining lease. The Yolngu People regarding the newly enacted Queensland introduced the concept of an Indigenous Following the decision 1996 in Wik claimed that the grant of the lease Coast Islands Declaratory Act 1985 Land Use Agreement (ILUA). It was Peoples v Queensland (Wik), the Native involved the compulsory acquisition of (Qld). By that Act the Queensland thought to complement, or perhaps in Title Act was substantially amended by part of their land over which they had parliament sought retrospectively to some cases provide an alternative to, the Native Title Amendment Act 1998 enjoyed communal native title since declare that any traditional land rights in native title determinations by the Court. (Cth) (the 1998 Amendment). Wik, it time immemorial. the Murray Islands held by the Meriam was thought in many circles, took the People (including Eddie Mabo) which It is a matter of history that, in 1971, pendulum too far in favour of Indigenous had survived the islands’ annexation judgment was given adversely to the Australians when it found that statutory in 1879 were extinguished without Yolngu People. Justice Blackburn pastoral leases, or at least those then However, a number of problems any compensation being payable. In acknowledged that there was under under consideration, did not bestow remained, which were common to both 1988, the High Court declared that Act Yolngu law a system of Aboriginal law rights of exclusive possession on the the resolution of native title claims by invalid under s 109 of the Australian which recognised cultural communal leaseholder so as to extinguish native determination and by ILUAs. Constitution in Mabo v Queensland (No rights in land, and that in appropriate title rights in respect of the leased areas. 1) (1989) because it was inconsistent circumstances oral evidence could be To assert that proposition now is, to Funding with s 10(1) of the Racial Discrimination used to establish those rights. However, any informed Australian, so inoffensive Act 1975 (Cth). The case proceeded on Funding is a significant element of most critically, Justice Blackburn held – indeed so sensible - as to indicate the assumption that the Meriam People the process of any Indigenous group that native title was not part of the how far we have collectively come as a actually held native title rights. That was agreeing to resolution of its claim law of Australia, and that the rights community. It is now commonplace for a decision for another day. either by entering into ILUAs or by a so described were not rights of private native title rights to be recognised and determination of native title. One needs property recognised under the Australian After the hearing on the demurrer, exercised alongside and in conjunction only to pause and consider the situation legal system. the matter proceeded again before with those of pastoral lessees. Almost of many Indigenous claim groups who Justice Moynihan in the Supreme Court, without exception throughout Australia, There was no appeal from that decision. have preserved the relationship with who delivered his Determination of those rights are recognised by consent However, the decision drew significant their country beyond time immemorial Facts on 16 November 1990 after 67 and with the support of the pastoral public attention to the issue of Aboriginal and continue to practice their native hearing days. Justice Moynihan found leaseholders. There have been many land rights more generally, and in title rights and interests in relation to on the evidence that there was social determinations of native title by consent 1972 the Commonwealth Government it. They have found progressively, by organisation governing collective in that context. established the Aboriginal Land Rights white settlement, that the way in which property ‘probably antedating European Commission, chaired by Justice Sir The 1998 Amendment was complex. they have been able to do so has been contact’ and that the Islanders ‘have no Edward Woodward, a judge of the Federal It expanded on past extinguishment of impaired. They are then expected to doubt that the Murray Islands are theirs. Court. Amongst its recommendations native title rights and interests, in whole accept what is granted by the Statewide Then the day came. was that Aboriginal land rights legislation or in part, including by the validation ILUA process or by the recognition should be introduced into the Australian Recognition of native title as a matter of acts which had occurred prior to of native title what is something parliament. This occurred two years of law was recognised by the High Court 1998. It also reshaped substantially considerably less than the rights and later with the passing of the Aboriginal in Mabo v Queensland (No 2) (Mabo procedural aspects for the recognition interests which they enjoyed before Land Rights (Northern Territory) Act (No 2)) handed down on 3 June 1992. of native title. That was prompted by white settlement. It has been diminished

10 Aboriginal Way, December 2012 by executive and legislative action. It is vulnerable to further dilution under the ‘future acts’ regime. So much was explicitly recognised in the decisions in Mabo and Wik, and then legislatively prescribed in the NTA. Even the process of native title groups coming together to consider and approve a proposal, once it had been agreed to by their working group or their representatives, is an expensive one, bringing many people to the country to do so. It is anecdotally reported to exceed, and often considerably exceed, $100,000 for each of those meetings. It was and is a routine matter reported to the Court that particular claims could not progress, or an anticipated action could not have taken place, through lack of funding available Complexity

Complexity exposes itself in relation to Above: Justice John Mansfield and Irene Kemp at Dieri consent determination ceremony. a range of matters. Obviously tenure, relevant directly to extinguishment of any native title rights and interests, is a critical issue. In many claim areas of the State, especially those more populated or more developed (including of course along the River Murray) the tenure material is very extensive. As I have mentioned, the commencement of the Racial Discrimination Act 1975 was a significant event, setting the date from which acts extinguishing native title might attract an entitlement to compensation. Current generation tenure would not routinely, therefore, expose all issues of extinguishment. In the course of the negotiations ultimately leading to a determination of native title in respect of the First Peoples of the River Murray, but for many years anticipated as a claim to be resolved only by ILUA, there were some 15,000 separate parcels of land to Above: J Mansfield, NT Lawyer Stephen Kenny and NT holder, Shane Kemp. be addressed, and generations of and 23 February 2009). In the First Resources One might be tempted to question the tenure material under those parcels to Peoples of the River Murray claim, the level of funds to support those activities, Resources remain a significant be explored. NNTT reported on 6 July 2007 that part assuming adequate personnel are impediment to the resolution of available to carry them out. It is an easy Complexity was also a problem illustrated of the cause for delay was the inability claims. By resources, I mean physical shot, but having regard to the fact that by internal conflicts in claim groups. for the anthropologists to conduct field work, due to the illness of a significant resources: the requirements on the we are now 20 years from the Mabo That is inevitable, I suspect, where elder. This can have a flow on effect, representatives of the claim group, decision, it is a fair question to ask. It the passage of time has led to many not only in delaying the development and indeed on the claim groups and is appropriate to recognise that in the members of native title claim groups of that particular claim, but also other the respondents including the State last several years, the Commonwealth residing away from their country, as well claims who wish to retain the same through its legal representatives, to Government through FaHCSIA has made as the notorious and tragic exposure anthropologist. attend to a range of claims and to the significant dedicated funds available to of many senior Indigenous people to detail required. It is very time consuming support native title representative bodies inactivity, alcohol, petrol sniffing and the This has been raised as a reason for and demanding. The issue of tenure in a more focused way in progressing like, where the sense of self-respect and delays in the Far West Coast claim research has been addressed above. In claims both in South Australia and self-importance has been diminished on a number of occasions, as well as addition, obtaining connection evidence throughout Australia, and the ALRM and over time. That is of course a matter of the First Peoples native title claim, is resource intensive. There are limited more recently South Australian Native record; its cause is not a matter to be , Dieri, Arabunna and numbers of anthropologists with Title Services has, both directly through explored in this paper. However, it has Barngarla claims. sufficient expertise and experience in its own legal and other resources, and been a feature of both the Statewide Complexity is also evidenced by overlaps. relation to areas over which native title through funding promoted the pursuance ILUA process and Court determinations It is a last resort to force parties to is claimed in South Australia to attend of claims supported the steps taken of native title that there have, from time litigation. However, the listing of matters to all of them in a timely way. Often the by the Court to bring claims to a head. to time, been disputes within a particular for resolution does focus the mind, and required anthropological investigation The State Government has continued claim group as to those persons who the listing of matters has to a significant is an ongoing task, requiring many to support the Statewide ILUA process have the right to speak on behalf of that extent enabled claim groups competing months or years of research. On a and the management of claims before claim group, either generally or in relation for particular areas of country to resolve number of occasions, parties have the Court, although in the last few years to particular areas, and sometimes their disputes in a variety of ways, cited setbacks in forecasted timetabling the level of funding to support legal and particular persons assert that right using mediation, case management, of consent determinations as a result anthropological personnel appears to even though the authorisation of the have reduced somewhat. private negotiation and other techniques of anthropological materials being claim group to bring the claim does not available. Those issues are ongoing. received late. The limited number of The problems of progressing claims recognise it. Those issues are ongoing. They may be addressed, and have anthropologists has also meant that and their resolution, and of progressing As occurred in the Far West Coast claim been addressed by the Court or by not all claims can be progressed and the Statewide ILUA process and its (NNTT reports of 25 November 2007 the Statewide ILUA process. researched at the same time. outcomes, are shared.

Aboriginal Way, December 2012 11 paper tracker

The Anangu Lands Paper Tracker Aboriginal Lands Documentation In February 2012, the Federal is an online project of Uniting Department of Families, Housing, Parliamentary Standing Between 2003 and June 2010, the Care Wesley, Adelaide. Community Services and Indigenous Committee, South Australian Committee formally received over Affairs sent the Committee a written The website tracks government 620 documents. Parliament response to a series of questions that it commitments to Anangu (Pitjantjatjara These records hold a substantial had taken on notice during its June 2011 and Yankunytjatjara people). It publishes The Aboriginal Lands Parliamentary amount of information on government appearance before the Committee. accurate, up-to-date information on Standing Committee was established engagement with remote Anangu projects and services that are important in 2003 “with the aim of building The written response included to Anangu. stronger, more direct and more communities and, as such, are a valuable information on: the expenditure of enduring relationships between resource for the Paper Tracker and Federal funding in Amata and Mimili, The Paper Tracker aims to make Aboriginal communities and the South others who are committed to ensuring the construction of community housing it easier for Anangu to work with Australian Parliament. improved government accountability in remote Anangu communities, and governments as equal partners. It helps and transparency. changes to CDEP on the APY Lands. Anangu make sure governments are The Committee is chaired by the Minister Prior to 2009, members of the public On 17 February 2012, the Committee following through on commitments. for Aboriginal Affairs and Reconciliation, could examine these documents at resolved to make the written response the Hon Paul Caica MP. Six other Aboriginal Way will assist Paper Parliament House and/or request available to the public. Similarly, in June members are appointed by Parliament, Tracker by highlighting some of the copies of documents listed in the annual 2012, the Department of the Premier issues it is following. usually for a four-year term. report to Parliament by writing to a and Cabinet’s Aboriginal Affairs and If you want more information The Committee holds a considerable Parliamentary Officer Reconciliation Division provided a written on any of these items log on to amount of information about government response to some questions that it had In 2009, the Committee changed its taken on notice three months earlier. www.papertracker.com.au activities on Anangu lands. Most of this procedure for granting access to information is not readily accessible to its documents. Please go to papertracker.com.au the public. to find links to the written responses Amata and Mimili: tracking On 10 February 2010, the Paper Tracker and more information on this story. Since 2010, some of this information has government expenditure spent a number of hours at Parliament NOTE: The Paper Tracker’s Jonathan Nicholls been available online. House examining some of the documents worked for the Aboriginal Lands Parliamentary In late 2008, the Australian, State and Standing Committee between January 2004 and listed in the Committee’s Annual Report April 2007. Territory Governments agreed to focus The Paper Trail for 2008/2009. their efforts and resources on improving In 2003, the South Australian Parliament conditions in 29 remote Indigenous established the Aboriginal Lands This included: two letters from the Coronial Inquest: communities. Two of these communities Parliamentary Standing Committee. Federal Minister for Indigenous Affairs six Anangu deaths are located on the APY Lands (Amata (Hon Jenny Macklin MP) concerning In 2011, the South Australian Deputy and Mimili). The Committee’s first statutory function the need for Yalata community to have Coroner conducted an inquest into the is to review the operations of: the access to regular public transport, a On 30 September 2011, Australia’s deaths of six Anangu. The average age Aboriginal Lands Trust Act 1966,the briefing paper prepared by SA Police Coordinator-General for Remote of the deceased was 38 years. All of Anangu Pitjantjatjara Yankunytjatjara outlining its services on the APY Lands. the deceased came from Yalata or had Indigenous Services (Mr Brian Gleeson) Land Rights Act 1981, and the Maralinga An overview of TAFE programs on the strong connections with that community. called for an “agreed statement” Tjarutja Land Rights Act 1984. APY Lands, and a 25-page “snapshot” of government expenditure in the The findings of the inquest were handed These are the Acts of Parliament under communities to be publicly released of Anangu educational achievements. down on 4 November 2011. by the end of 2011. which many Anangu hold the title to On the same day that the Paper Tracker their lands. The Deputy Coroner found that severe The statement of expenditure is examined these documents, we formally alcohol abuse had “played a part either expected to reveal how much funding The Committee’s other functions include asked the Committee in writing for in the life or the death” of each individual, individual State and Federal government inquiring into: how Aboriginal lands “are copies of some of them. as had “homelessness and rough living”. departments are spending in each of being managed, used and controlled”, On 16 February 2010, a Parliamentary The Deputy Coroner recommended the 29 communities. issues affecting the “interests of the Officer advised the Paper Tracker that that a 24-hour sobering up centre traditional owners” of Aboriginal lands, On 1 November 2011, Mr Gleeson the documents were unavailable because be established in Ceduna and that a and “the health, housing, education, explained that the statement would the Standing Committee had “not passed separate “alcohol rehabilitation centre economic development, employment provide a “scorecard” of government a special resolution” to publish the or facility” be “established on the west or training of Aboriginal people.” expenditure in Amata and Mimili that documents and correspondence it had coast” of South Australia “well away from licensed establishments and other could be aligned with the commitments Membership received in 2008/2009. sources of alcohol.” contained in key planning documents. As of 12 June 2012, the membership Four months later, on 18 June 2010, The Deputy Coroner addressed these On 27 April 2012, Mr Gleeson reported of the Committee consisted of: the Standing Committee resolved to recommendations to the South Australian that the release of the statement was provide the Paper Tracker with the • Hon Paul Caica MP (Chairperson) Minister for Health, the Australian Minister “well overdue” and that this “important requested documents. • Ms Zoe Bettison MP for Indigenous Health and others. task” was “not receiving sufficient Improved access • Dr Susan Close MP attention. As of 30 March 2012, the South • Hon John Gazzola MLC In October 2010, the Committee began Australian Government was expecting to As of 6 July 2012, the statement • Hon Tammy Jennings MLC to publish online the transcripts of provide the Deputy Coroner with a report on government expenditure had not • Dr Duncan McFetridge MP evidence publicly received. The Paper of “actions taken” within two months. This been published. • Hon Terry Stephens MLC. Tracker welcomes this development. timeframe was not met. On 5 July 2012,

12 Aboriginal Way, December 2012 the Government indicated that the report Services South Australia, and Aboriginal The documentation explained that the Mimili would be completed by the end of would “be submitted to the Coroner’s Health; “formal responses” from all profiles were being created for three September 2009. Office in the near future.” agencies were due to be provided by main purposes: to establish an initial On 16 October 2009, the Department 30 March 2012; forums had also “been and accurate baseline profile of the As of 11 April 2012, the Federal advised the Paper Tracker that called to enable discussion about an local Aboriginal population in each of Government was considering funding unavoidable circumstances had affected appropriate plan of action”; all of these the seven communities, to enable the “a drug and alcohol residential aspects of the project’s timeframe. It efforts and information would inform a government to “measure changes in the rehabilitation service in Port Augusta” noted that it now expected: the fieldwork report of “actions taken” to be provided comparative socio-economic status of for “Aboriginal people in the Far North for all seven profiles to be completed by to the Deputy State Coroner in May 2012. the local Aboriginal people over time”, and Western regions of South Australia.” 22 October 2009, the Amata and Mimili and to provide a tool that governments On 5 July 2012, SA Health advised the profiles to be written up and finalised by Recommendations and local APY communities can use when Paper Tracker that the report had not planning for the “provision of housing, mid November 2009, and the remaining Under Section 25(2) of the Coroner’s been provided to the Coroner’s Office employment, health, education and profiles to be completed - as per the Act 2003 (SA), the Coroner’s in May 2012 as originally expected as other related services” and in the original timeframe - by the end of 2009. Court is empowered to make any it “now includes responses from a “development of an integrated service On 27 January 2010, the Paper Tracker recommendation that might, in the number of government agencies, which delivery mechanism.” opinion of the Court, prevent, or reduce is a more complex task and has required asked the Federal Department of the likelihood of, a recurrence of an event more time.” Tenders from parties interested in Families, Housing, Community Services similar to the [one] that was the subject securing the contract for this work and Indigenous Affairs for an update on SA Health advised that it now expected to of the inquest. closed on 15 June 2009. this project. submit the report “in the near future” and The findings of the 2011 inquest into that a “summary of the report [would] be On 3 September 2009, Federal On 17 January 2011, Anangu Pitjantjatjara the deaths of six Anangu contained made publicly available once it has been Department of Families, Community Yankunytjatjara - the land-holding body 14 recommendations. This included provided to the Coroner’s Office.” Services and Indigenous Affairs advised for the APY Lands - provided the Paper recommendations calling for the the Paper Tracker that: it had selected Tracker with an electronic copy of the No further updates have been made to establishment of a declared sobering up a consultant to undertake the Baseline seven profiles. this enquiry. Community Profile project (Langford centre in Ceduna able “to accommodate On 27 April 2012, Australia’s Coordinator- Consulting Pty Ltd), the contract for this at least 15 individuals, … sufficiently General for Remote Indigenous Services work had been signed on 13 August staffed and resourced so that it can APY Lands: community profiles (Mr Brian Gleeson) expressed concern 2009, the consultant had commenced remain open and receive patients at and baseline data that the baseline data gathered in these all times” and with the “capability as work on the APY Lands in the last week Baseline community profiles of seven and other profiles was “not being used as required under the Public Intoxication of August FaHCSIA expected the first two APY communities were prepared as part an evidence base to inform local planning Act 1984 to detain patients in a secure baseline profiles - for the communities of of the National Partnership Agreement on in the way intended.” and therapeutic environment” for up to Amata and Mimili - to be completed by Remote Service Delivery. The profiles are 18 hours and an alcohol rehabilitation the end of September 2009. Go to papertracker.com.au to access supposed to inform the establishment centre or facility on the west coast of electronic copies of each profile. of community-level benchmarks and On 3 September 2009, the Federal South Australia “situated sufficiently performance indicators. They are also Department of Families, Housing, If you’d like to know more you can close to the Aboriginal communities expected to help Anangu communities Community Services and Indigenous contact Paper Tracker on (08) 202 who would utilise it” but “well away measure how local conditions are Affairs advised the Paper Tracker that it 5867 or subscribe to their newsletter from licensed establishments and other changing over time. expected that the profiles for Amata and at www.papertracker.com.au sources of alcohol.” The first two profiles - for Amata and The Deputy Coroner directed these Mimili - were due to be completed by recommendations to particular persons mid-November 2009, with the other five and entities including: the South scheduled to be finalised by the end of Australian Minister for Health, the South 2009. These timeframes were not met. Australian Minister for Aboriginal Affairs The profiles were eventually completed and Reconciliation, the Federal Minister on 31 July 2010. for Health and Ageing, and the Federal Minister for Indigenous Health. Baseline Community Profiles

On 7 March 2012, the Paper Tracker On 18 May 2009, the Federal Department asked each of these Ministers for of Families, Community Services and information on their response to the Indigenous Affairs called for tenders for coronial recommendations. the development of “Baseline Community Profiles” for Amata, Mimili and five other On 30 March 2012, the SA Minister for Aboriginal APY communities: Iwantja, Kalka, Kaltjiti, Health and Ageing (Hon John Hill MP) Pipalyatjara and Pukatja. Message advised the Paper Tracker that: SA Health had “been working towards developing a Documents released at that time Radio program strategy” to meet the Deputy Coroner’s stipulated that the final profiles should: is recorded weekly at Radio Adelaide. recommendations; this work required provide a detailed, accurate and robust “complex cross-agency collaboration”; baseline that maps social and economic If you have an interesting story or event that you would like to share agencies involved in this process included indicators, community networks and on radio, please contact Kaliah Alice on (08) 2110 2834 or email the Office for Aboriginal and Torres decision making processes, government [email protected] Strait Islander Health, Drug and Alcohol investments, services and service gaps.

Aboriginal Way, December 2012 13 Aboriginal Aboriginal Heritage News Heritage Branch To recognise the importance of Heritage and Native Title being considered together, the Aboriginal Heritage Branch (AHB) of the Aboriginal Affairs and Reconciliation Division (AARD) will If you have a question have a small section in this newspaper to address what we are doing about important issues. about heritage or want to be on our mailing list The State Aboriginal Heritage Committee (SAHC) and the AHB are working closely with the you can contact us via Congress Heritage Sub-Committee and the South Australia Native Title Services (SANTS). the people listed below.

Acting Manager Aboriginal Heritage Branch Cultural Heritage Heidi Crow [email protected] Ph: (08) 8226 68917 Management Workshop or 0427 227 160 On the 29 November 35 participants Heritage Conservation from the SA Murray Darling Principal Heritage Officer Natural Resources Management Heidi Crow Board attended a cultural heritage [email protected] management workshop hosted by Ph: (08) 8226 68917 the Aboriginal Heritage Branch or 0427 227 160 training workshop at the McCormick Centre, Renmark. The Acting Senior Heritage Officer Manager of the Aboriginal Heritage Erin Walker Branch Heidi Crow and Senior [email protected] Heritage Officer Dale Hancock Aboriginal Heritage Act 1988, for people this will be held at a later date when Ph: (08) 8226 8919 presented information about the whose projects involve on ground the weather is more permitting. From Aboriginal Heritage Act 1988 and works in the region. Some information Heritage Officer cultural heritage management with the field component participants will was presented on understanding the Dean Mullen assistance from Heritage Officers gain understanding on basic skills in the various archaeological site types found [email protected] Dean Mullen and Rita Kucera. process of site identification and develop in the region to increase participants On leave until October 2013 some skills in site recording. Chris Koolmatrie welcomed all who knowledge when working in the field. Heritage Officer attended and Amii Lindsay did a The participants showed a lot of The Aboriginal Heritage Branch wishes Rita Kucera welcome to country. enthusiasm and were eager to do the to thank Chris Koolmatrie and Danielle [email protected] The goal of the workshop was to field component however, due to the Packer for their help in organising Ph: (08) 8226 2419 increase the understanding of the extreme heat on the day it was agreed the workshop. Community and This section sponsored by the State Government of South Australia Industrial Relations Principal Heritage Officer Anna Russo [email protected] Ph: (08) 8226 8974

Senior Project officer Ribnga Green [email protected] Ph: (08) 8226 7052

Senior Project Officer Dale Hancock [email protected] Ph: (08) 8226 03730

Heritage Information Management Perry Langeberg [email protected] Ph: (08) 8226 7981

Register Searches [email protected]

State Aboriginal Heritage Committee Ph: (08) 8226 8900

Location State Administration Building Level 13 200 Victoria Square ADELAIDE, SA 5001

Postal address GPO Box 2343 ADELAIDE, SA 5001

14 Aboriginal Way, December 2012 Our column in review features reviews and stories on Aboriginal writers, artists and musicians. We welcome your feedback and suggestions. So if you know of a new work about to published or an artist or musician please contact us on (08) 8110 2800. in review in The Deadly Reads for Deadly Readers Above: Ian by Gary Lee Saltwater Series The Deadly Reads for Deadly Readers Saltwater Series is a collection of four children’s books about Maggie and her animal friends.

Each book in the series has its own unique storyline.

A beach for us to play tells of Maggie’s fun day with her family at the beach. Claws, Eyes, Flippers is about a Crab and a Turtle. Animals move shows how different animals get about, and I have points out some differences between Maggie and some wonderful Australian animals.

The Saltwater Series is designed to provide Indigenous and non-Indigenous early readers with engaging, enjoyable and meaningful experiences that will encourage them to read. Above: James by Gary Lee The colourful and adorable illustrations are by Maggies Prewett who is a Simmer – Gary Lee descendant of the Ngarluma people of the Pilbara region of . Gary Lee is a Larrakia// The portraits in Simmer span the past 8 The author, Nola Turner-Jensen is Wardaman artist. Since 1992 he years of Lee’s practice. Though Simmer an Aboriginal woman from Wiradjuri has embarked on a photographic has been curated for Feast, a festival of country NSW. project, ‘Nice Coloured Boys’, gay, lesbian and transgender identities, focusing on male portraiture and Lee himself is a gay man, he is not The Saltwater Series are along with an examination of at all interested in defining the sexualities available in bookshops and beauty, ethnicity and masculinity, of the men/boys in view. online from Magabala Books particularly among everyday (www.magabala.com). boys/men. Lee’s work appears in numerous art magazines (Artlink, Art Monthly Australia, Lee’s images in Simmer belong to a Art & Australia, Art India), catalogues, number of discrete series within his and books, including the Cambridge overaIl project. These series include Companion to Australia Art (2011). His Adonis Pacifica (eg. Tapou 18 & Andrew work is held in collections at the National 17 ), Darwin boys (eg. Robert 17) and Gallery of Australia, the Museum and Art Day Visitor (eg. Chris 25). Although Nice Gallery of the Northern Territory, and Coloured Boys is an ongoing project, the Art Gallery of Western Australia, as Lee’s subjects have diversified to include well as in numerous private collections in ‘non-coloured’ men. The portraits he Australia, Singapore, New Zealand, Italy has chosen for Simmer are those with and India. an extra dollop of sexiness or sexuality, ‘simmering’ with a desire and directness The exhibition runs from that reaches out beyond the moment, 16th November 2012 to beyond the photographic exchange. 6th January 2013 at Tandanya.

Aboriginal Way, December 2012 15 Le Fevre Primary School win National Indigenous Football Festival

Le Fevre Primary School has returned to South Australia as the 2012 National Indigenous Football Festival Boys Under 13 Champions.

The Festival was played in Alice Springs from November 2-5 with Le Fevre SOUTH AUSTRALIAN qualifying as winners of Football Federation NATIVE TITLE SERVICES SA’s State Indigenous Football Festival. The boys started their campaign with a 1-1 draw against Booraloola Cyclones. Level 4 Some of the players struggled in the 345 King William Street Le Fevre Team Manager Jimmy Perry and FFSA Multicultural Officer Angus Wheaton with the Le Fevre team. conditions so a draw appeared a fair ADELAIDE SA 5000 result against a team who is based In the second half Le Fevre scored twice After a marathon ten penalties each, 500km north of Alice Springs and were to lead 4-2, before Marngrook pulled one Le Fevre survived the sudden death more accustomed to the conditions. back, but the SA side scored twice again shootout and advanced to the final against Editor to kill the game off and win 6-3. tournament favourites NSW Sharks. The second game was against a very Keith Thomas Le Fevre adopted a counter-attacking style young Darwin (Northern Territory) side That result cemented second spot in with strict instructions to pressure the player and Le Fevre recorded a comfortable the table and Le Fevre went into the final on the ball, and the first half ended goalless. 3-0 win, with star player Joseph Williams round robin game against the leaders Communications Officer scoring twice and David Vuchich once. and runaway favourites NSW Sharks, Goalkeeper Jak Vukovich had an amazing Kaliah Alice a team who had managed 40 goals in game, stopping everything that came his In the evening matches, Le Fevre four games, conceding only twice. way and as the clock counted down, defeated Banksia United from West Le Fevre grew in confidence and the Le Fevre found the back of the net Australia in an entertaining 3-2 win. pressure on the Sharks increased. Advertising Enquiries immediately before the Sharks built up (08) 8110 2800 Le Fevre’s best match came in the a healthy half time. An avalanche of goals Neither team managed to score with the qualifying pool against Moree (NSW followed in the second half and the game match going to a penalty shootout. Country) with a very solid and controlled finished 9-2 in their favour. Le Fevre took an early 2-0 lead, before the Circulation 2-0 win. The side had shape and structure, The evening fixtures saw the start of the Sharks pulled it back to 2-all in the shootout. with good combination play and teamwork. 10,000 knockout semi-finals and Le Fevre was With the last kick of regular penalties Tyson Marngrook Meenteeel (Victoria) raced drawn against Moree. Friend stepped up and coolly converted the spot kick to see Le Fevre crowned as into a 2-0 lead within a couple of minutes This time the NSW side was much Boys Under 13 National Indigenous in the next game, but by half time, better and the match finished 1-1, Football Festival Champions for 2012. Le Fevre had forced its way back into meaning the result would be decided by the game with a couple of goals. a penalty shootout. Story and photo courtesy of Football Federation SA. Wishing you a Merry Christmas

If you have any stories I am delighted to wish our readers on everything that has been achieved Arthur Ah Chee, who joined the Board of of interest to our readers, of the Aboriginal Way a very Merry throughout the year, not the least being SANTS as a new Director in November. please address any Christmas for 2012. It has been an two Consent Determinations presided I look forward to working with him in the correspondence to: exciting time for me as new CEO of over by the Federal Court. There coming year. have been many challenges too that SANTS and I am grateful for the help will continue into 2013 however I feel On behalf of the SANTS Board and [email protected] and support from my dedicated staff confident that SANTS can meet them staff, I wish you all a safe and enjoyable and my predecessor, Parry Agius. head on. Christmas break with family and friends Christmas is a time when families and and look forward to your continuing Ian Procter resigned as Director from support in 2013 as we endeavour to friends get together and share their the SANTS Board. I would like to thank achieve the best possible outcomes memories and experiences of the past Ian for his contribution over the past two for our clients. 12 months. It is also the time when, as an and a half years and wish him all the best organisation, SANTS can look back for the future. A warm welcome also to From Keith Thomas, SANTS CEO Aboriginal Way South Australian Native Title Services Level 4 Stay in touch 345 King William Street ADELAIDE SA 5000 Name: ______Ph: 8110 2800 Address: ______Fax: 8110 2811 ______Postcode: ______FREECALL: 1800 010 360 Phone: ______Email: ______DX no: ______No of copies: ______The Editor has the final decision on all stories and Is this an alteration to our current records? Yes No advertising that appear in Would you like to be added to the mailing list? Yes No this publication. Would you like to be sent regular information about SANTS? Yes No ISSUE 51

16 Aboriginal Way, December 2012