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Indigenous Languages in Parliamentary Debate, Legislation and Statutory Interpretation
1006 UNSW Law Journal Volume 43(3) LEGISLATING IN LANGUAGE: INDIGENOUS LANGUAGES IN PARLIAMENTARY DEBATE, LEGISLATION AND STATUTORY INTERPRETATION JULIAN R MURPHY* There are signs that Australia is beginning a long-overdue process of incorporating Indigenous languages into its parliamentary debates and legislation. These are significant developments in Australian public law which, to date, have attracted insufficient scholarly attention. This article begins the process of teasing out the doctrinal implications of this phenomenon. The article is in four Parts, the first two of which describe and normatively defend the trend towards Indigenous language lawmaking in Australia. The third Part looks abroad to how other countries facilitate multilingual parliamentary debate and legislation. Finally, the article examines the interpretative questions that multilingual legislation poses for Australian courts. Potential answers to these questions are identified within existing Australian and comparative jurisprudence. However, the ultimate aim of this article is not to make prescriptions but to stimulate further discussion about multilingual legislation, which discussion ought to foreground Indigenous voices. I INTRODUCTION Ngayulu kuwari kutju wangkanyi ngura nyangangka, munuṉa nguḻu nguwanpa ngaṟanyi. Ngayulu alatji watjaṉu aṉangu tjuṯa electionangka: ngayulu mukuringanyi tjukurpa katintjakitja aṉangu nguṟu kamanta kutu, kamanta nguṟu aṉangu kutu; ngayulu mukuringanyi nguṟurpa nguwanpa ngarantjakitja.1 In 1981, Neil Bell, newly elected member -
Mckeown and Rob Lundie, with Guy Woods *
Conscience Votes in the Federal Parliament since 1996 # Deirdre McKeown and Rob Lundie, with Guy Woods * Introduction In August 2002 we published a Parliamentary Library paper on conscience votes in federal, state and some overseas parliaments. 1 Conscience votes, like instances of crossing the floor, are difficult to find in Hansard, particularly before 1981 when we are forced to rely on hardcopy. In compiling the list of conscience votes we relied on references in House of Representatives Practice . We intend to publish an updated version of our paper when the 41 st parliament ends. Since 2002 we have found some additional procedural conscience votes and have revised some votes included in the original list in House of Representatives Practice . In this paper we consider aspects of conscience votes in the period since 1996. We do not attempt to draw conclusions but rather to track patterns in these votes that have occurred under the Howard government. The aspects considered include voting patterns of party leaders and the party vote, the vote of women, the media and conscience votes and dilemmas facing MPs in these votes. Definitions In our original paper we used the term ‘free vote’ to describe ‘the rare vote in parliament, in which members are not obliged by the parties to follow a party line, but vote according to their own moral, political, religious or social beliefs’.2 # This article has been double blind refereed to academic standards. * Politics and Public Administration Section, Parliamentary Library; Tables prepared by Guy Woods, Statistics and Mapping Section, Parliamentary Library 1 Deirdre McKeown and Rob Lundie, ‘Free votes in Australian and some overseas parliaments’, Current Issues Brief , No. -
NINTH ASSEMBLY 16Th October 2001 to 5 May 2005 INDEX MINUTES
Index to Minutes of Proceedings - 16th October 2001 to 5 May 2005 Ninth Assembly LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY NINTH ASSEMBLY 16th October 2001 to 5 May 2005 INDEX TO MINUTES OF PROCEEDINGS AND PAPERS TABLED Consolidated Index to Minutes of Proceedings 16 October 2001 to 5 May 2005 Index Reference Summary by Sitting Day and Minutes Page Minutes Day Date Bound Volume Page 1 - 16 1 16 October 2001 LXIII 17 - 22 2 17 October 2001 LXIII 23 – 29 3 18 October 2001 LXIII 31 – 34 4 23October 2001 LXIII 35 – 39 5 24 October 2001 LXIII 41 - 46 6 25 October 2001 LXIII 47 - 54 7 27 November 2001 LXIII 55 - 61 8 28 November 2001 LXIII 63 - 68 9 29 November 2001 LXIII 69 – 77 10 26 February 2002 LXIV 79 - 88 11 27 February 2002 LXIV 89 – 94 12 28 February 2002 LXIV 95 – 101 13 5 March 2002 LXIV 103 – 108 14 6 March 2002 LXIV 109 - 113 15 7 March 2002 LXIV 115 – 120 16 14 May 2002 LXIV 121 – 125 17 15 May 2002 LXIV 127 – 130 18 16 May 2002 LXIV 131 - 134 19 21 May 2002 LXIV 135 - 139 20 22 May 2002 LXIV 141 - 152 21 23 May 2002 LXIV 153 - 160 22 18 June 2002 LXV 161 - 167 23 19 June 2002 LXV 169 - 178 24 20 June 2002 LXV 179 – 182 25 13 August 2002 LXV 183 – 187 26 14 August 2002 LXV 189 – 193 27 15 August 2002 LXV 195 – 204 28 20 August 2002 LXV 205 – 208 29 21 August 2002 LXV 209 – 212 30 22 August 2002 LXV 213 – 216 31 17 September 2002 LXV 217 - 220 32 19 September 2002 LXV 221 – 228 33 8 October 2002 LXVI 229 – 237 34 9 October 2002 LXVI 239 – 245 35 10 October 2002 LXVI 247 – 249 36 15 October 2002 LXVI 251 – 254 37 16 October -
Contents Assembly Convened
DEBATES – Tuesday 18 October 2016 CONTENTS ASSEMBLY CONVENED ............................................................................................................................... 1 NOTICE CALLING TOGETHER THE THIRTEENTH ASSEMBLY ................................................................. 1 ATTENDANCE OF HIS HONOUR THE ADMINISTRATOR TO DECLARE OPEN THE THIRTEENTH ASSEMBLY ..................................................................................................................................................... 1 RETURN TO WRIT ......................................................................................................................................... 1 ADMINISTRATION OF OATHS AND AFFIRMATIONS .................................................................................. 1 ELECTION OF SPEAKER .............................................................................................................................. 2 COMMISSION TO ADMINISTER OATHS AND AFFIRMATIONS .................................................................. 3 ATTENDANCE OF HIS HONOUR THE ADMINISTRATOR TO ADDRESS THE ASSEMBLY ...................... 3 ADMINISTRATOR’S ADDRESS ..................................................................................................................... 4 ADMINISTRATIVE ARRANGEMENTS ORDER ........................................................................................... 10 OPPOSITION OFFICE HOLDERS .............................................................................................................. -
Political Chronicles
Australian Journal of Politics and History: Volume 54, Number 2, 2008, pp. 289-341. Political Chronicles Commonwealth of Australia July to December 2007 JOHN WANNA The Australian National University and Griffith University The Stage, the Players and their Exits and Entrances […] All the world’s a stage, And all the men and women merely players; They have their exits and their entrances; [William Shakespeare, As You Like It] In the months leading up to the 2007 general election, Prime Minister John Howard waited like Mr Micawber “in case anything turned up” that would restore the fortunes of the Coalition. The government’s attacks on the Opposition, and its new leader Kevin Rudd, had fallen flat, and a series of staged events designed to boost the government’s stocks had not translated into electoral support. So, as time went on and things did not improve, the Coalition government showed increasing signs of panic, desperation and abandonment. In July, John Howard had asked his party room “is it me” as he reflected on the low standing of the government (Australian, 17 July 2007). Labor held a commanding lead in opinion polls throughout most of 2007 — recording a primary support of between 47 and 51 per cent to the Coalition’s 39 to 42 per cent. The most remarkable feature of the polls was their consistency — regularly showing Labor holding a 15 percentage point lead on a two-party-preferred basis. Labor also seemed impervious to attack, and the government found it difficult to get traction on “its” core issues to narrow the gap. -
Impact Analysis Legislative and Policy Achievements of EMILY's List
When Women Support Women, Emily’s LIST Women Win AUSTRALIA Impact analysis Legislative and policy achievements of EMILY’s List women in power Federal Parliament 2007-2013 Emily’s LIST AUSTRALIA When Women EMILY’s List Australia Phone (03) 8668 8120 Fax (03) 8668 8125 Support Women, [email protected] www.emilyslist.org.au Women Win 1/3/14 9:01:26 PM Contents Foreword 2 Introduction 3 EMILY’s List - a snapshot 4 Legislative reform 5 EMILY’s List in Federal Parliament 7 Case study: Julia Gillard 8 Legislative Achievements 9 Choice 9 Case study: Jenny Macklin 10 Child Care 11 Diversity 12 Equity 13 When Women Equal Pay 14 Case study: Tanya Plibersek 14 Support Women, Conclusion 16 Women Win Acknowledgments 16 Appendix 1: EMILY’s List supported women MPs 2007-2013 18 Appendix 2: EMILY’s List supported women in ministries, 2007-2013 19 Appendix 3: Legislation and policy initiatives 2007-2013 20 References 25 Background Note: This impact analysis was commissioned by the EMILY’s List National Committee and prepared by Sophie Arnold as part of a Bachelor of Legal Studies (Latrobe University) placement with EMILY’s List Australia. We gratefully acknowledge contributions from EL’s National Co-Convenors Tanja Kovac and Senator Anne McEwen, EL’s National Coordinator, Lisa Carey and Leonie Morgan, as well as all of our EMILY’s List MPs in the preparation of this report. Contents Foreword 2 Introduction 3 EMILY’s List - a snapshot 4 Legislative reform 5 EMILY’s List in Federal Parliament 7 Case study: Julia Gillard 8 Legislative Achievements -
Holding the Line Women’S Conference and Bluestocking Week 2013
NTEU WOMEN’S MAGAZINE WWw.NTEU.org.Au/womeN HoldiNG THe line womeN’s coNfEreNce aNd blUeStockinG wEEk 2013 eEo in prActicE did julia make a differeNCE? femiNism in AustRAliaN uNiVErsitieS workplace gender EqualiTY AcT womeN Rock sciencE ISSN 1839-6186 Volume 21 SepTEMber 2013 NATIONAL TERTIARY EDUCATION UNION MEMBERSHIP FORM I want to join NTEU I am currently a member and wish to update my details The information on this form is needed for aspects of NTEU’s work and will be treated as confidential. Women’s Action Committee (WAC) YOUR PERSONAL DETAILS The NTEU Women’s Action Committee (WAC) develops the Union’s TITLE |SURNAME |GIVEN NAMES work concerning women and their professional and employment rights. HOME ADDRESS The WAC meets twice a year. Its role includes: • Act as a representative of women members at the National level. CITY/SUBURB |STATE |POSTCODE • To identify, develop and respond to matters affecting women. HOME PHONE WORK PHONE INCL AREA CODE | INCL AREA CODE | MOBILE • To advise on recruitment policy and resources directed at women. • To advise on strategies and structures to encourage, support and EMAIL |DATE OF BIRTH | MALE FEMALE OTHER _______ facilitate the active participation of women members at all levels of the NTEU. HAVE YOU PREVIOUSLY BEEN AN NTEU MEMBER? YES: AT WHICH INSTITUTION? |ARE YOU AUSTRALIAN ABORIGINAL/TORRES STRAIT ISLANDER? YES • To recommend action and advise on issues affecting women. PLEASE USE MY HOME ADDRESS FOR ALL MAILING YOUR CURRENT EMPLOYMENT DETAILS wAC DelEgAtes 2013-2014 • To inform members on industrial issues and policies that impact on women. -
Indigenous Self-Determination in Australia
Indigenous self-determination in Australia Histories and Historiography Aboriginal History Incorporated Aboriginal History Inc. is a part of the Australian Centre for Indigenous History, Research School of Social Sciences, The Australian National University, and gratefully acknowledges the support of the School of History and the National Centre for Indigenous Studies, The Australian National University. Aboriginal History Inc. is administered by an Editorial Board which is responsible for all unsigned material. Views and opinions expressed by the author are not necessarily shared by Board members. Contacting Aboriginal History All correspondence should be addressed to the Editors, Aboriginal History Inc., ACIH, School of History, RSSS, 9 Fellows Road (Coombs Building), The Australian National University, Acton, ACT, 2601, or [email protected]. WARNING: Readers are notified that this publication may contain names or images of deceased persons. Indigenous self-determination in Australia Histories and Historiography Edited by Laura Rademaker and Tim Rowse Published by ANU Press and Aboriginal History Inc. The Australian National University Acton ACT 2601, Australia Email: [email protected] Available to download for free at press.anu.edu.au ISBN (print): 9781760463779 ISBN (online): 9781760463786 WorldCat (print): 1191862788 WorldCat (online): 1191862595 DOI: 10.22459/ISA.2020 This title is published under a Creative Commons Attribution-NonCommercial- NoDerivatives 4.0 International (CC BY-NC-ND 4.0). The full licence terms are available at creativecommons.org/licenses/by-nc-nd/4.0/legalcode Cover design and layout by ANU Press Cover artwork: ‘Lightning’ (2017), by Noŋgirrŋa Marawili, Art Gallery of New South Wales This edition © 2020 ANU Press and Aboriginal History Inc. -
The EMILY's List Australia Success Story
HERstory – the EMILY’s List Australia success story Sophie Arnold and Tanja Kovac29 Sophie Arnold is EMILY’s List Deputy National Coordinator Tanja Kovac is Director, spokesperson and National Co-convenor of the EMILY’s List Australia National Committee Introduction After a hung parliament, marked by vitriolic and disturbing sexist attacks on Australia’s first woman Prime Minister, progressive labor women were prepared for electoral backlash. But at the ballot box in 2013, Alan Jones’ accusation that Australian women leaders were “destroying the joint”30 failed to make any impact on voters. Instead, the 2013 federal election delivered a remarkable statistic for EMILY’s List Australia – the return of all 13 sitting feminist MPs backed by the organisation. Even in seats where EMILY’s List supported women were retiring, the baton passed to the next generation of progressive Labor women.31 EMILY’s List has been a quiet achiever. In eighteen pioneering years, a remarkable 164 women have been supported into Parliament, receiving financial, political and personal support to get there. Further, a number of politically and culturally historic firsts have been made possible for women because of EMILY’s List, including the election of the first female Prime Minister, Julia Gillard; the first popularly-elected Premier, Anna Bligh,32 and the first indigenous woman MP, Carol Martin – all coming through the EMILY’s List network. The journey of influence for EMILY’s List parallels the life cycle. From the fumbling, furious passion of start-up and excitement of birth; through infancy where landmark firsts and early learning take place under the watchful eyes of mentors and guides, the milestones towards organisational maturity bear striking resemblance to those of an individual. -
Nova Peris NT Senate Nomination Divides Opinions
Nova Peris NT senate nomination divides opinions Sales, Leigh. ABC-TV; Sydney Australian Broadcasting Corporation. 24th January 2013 LEIGH SALES, PRESENTER: The fallout is continuing in the Labor Party over the Prime Minister's "captain's pick" for a Senate spot in the Northern Territory. Julia Gillard has announced that former athlete Nova Peris will take the ALP's number one Senate slot there, dumping the current Senator Trish Crossin in the process. Some Labor identities are furious at the announcement, saying it overrides grassroots politics. One of those is former Territory Labor MP Alison Anderson, who's now with the Country Liberal Party. Earlier this week, she said that the Labor Party uses aborigines and that Nova Peris would be, "The maid to do the sheets and serve the cups of tea." Alison Anderson joined me from Darwin. Alison Anderson, you said this week that Nova Peris would be a "Maid to do the sheets and serve the cups of tea for the Labor Party." What do you mean by that? ALISON ANDERSON, NT MINISTER FOR INDIGENOUS ADVANCEMENT: Look, I used it in a very, very different context to however it was portrayed. I was quoting my brother, Tracker Tilmouth, and his larrikinism in the way he described the Labor Party when he tried to contest and want the Senate seat in the Northern Territory as well. LEIGH SALES: So what was the point you were trying to make? ALISON ANDERSON: What I meant by that, Leigh, is that Aboriginal people have always just been allowed to go into the verandas of the Labor Party but today someone is allowed to go in and be the maid and the cup of tea maker. -
Practising Reconciliation? the Politi Parliamentary Library Department of Parliamentary Services
Parliament of Australia Parliamentary Library • Practising reconciliation? The politi Department of Parliamentary Services Parliamentary Library PRACTISING RECONCILIATION? THE POLITICS OF RECONCILIATION IN THE AUSTRALIAN PARLIAMENT, 1991-2000 cs of reconciliation in the Australian Parliament, 1991-2000 cs of reconciliation in Dr Angela Pratt 2003 Australian Parliamentary Fellow Practising reconciliation? The politics of reconciliation in the Australian Parliament, 1991–2000 Dr Angela Pratt 2003 Australian Parliamentary Fellow ISBN 0-9752015-2-2 © Commonwealth of Australia 2005 Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means including information storage and retrieval systems, without the prior written consent of the Department of Parliamentary Services, other than by senators and members of the Australian Parliament in the course of their official duties. This monograph has been prepared to support the work of the Australian Parliament using information available at the time of production. The views expressed do not reflect an official position of the Parliamentary Library, nor do they constitute professional legal opinion. Presiding Officers’ foreword Since its establishment in 1971, the Australian Parliamentary Fellowship has provided an opportunity for academic researchers to investigate and analyse aspects of the working of the Australian Parliament and the parliamentary process. The work of Dr Angela Pratt, the 2003 Australian Parliamentary Fellow, examines how the language of ‘reconciliation’ featured in parliamentary debates about Indigenous affairs policy between 1991 and 2000. In an unusual approach, Dr Pratt’s work uses the results of a content analysis of over 650 parliamentary speeches made during the period of the formal reconciliation process, 1991–2000, to examine the nature of the political language and discourse. -
The Continuing Struggle of Australia's Indigenous Population
NOTES FIFTY THOUSAND YEARS OLD AND STILL FIGHTING FOR RIGHTS: THE CONTINUING STRUGGLE OF AUSTRALIA'S INDIGENOUS POPULATION Emily Hart Cobb* TABLE OF CONTENTS I. INTRODUCTION ......................................... 376 II. HISTORY OF AUSTRALIA'S ABORIGINES AND RACIAL DISCRIMINATION ....................................... 377 III. THE "INTERVENTION": THE NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT .............................. 381 A. What StartedIt All: The "Little Children Are Sacred" R ep ort ............................................. 381 B. The Intervention ..................................... 382 C. Substantive Provisions of the NTNERA ................... 384 D. Suspension of the RDA ................................ 386 IV. THE UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES .............................................. 389 A. Australia'sInitial Rejection of the DRIP .................. 389 B. The Road to Endorsement of the DRIP .................... 392 C. Australia's Official Change of Position ................... 393 V. STEPS TOWARD TOMORROW: WHERE AUSTRALIA SHOULD GO FROM HERE ......................................... 396 A. Reinstate the RDA and Put a Halt to the Intervention ........ 396 B. A New Representative Body ............................ 398 VI. CONCLUSION ........................................... 402 * J.D., University of Georgia School of Law, 2010; B.A., Wake Forest University, 2007. 376 GA. J. INT'L & COMP. L. [Vol. 38:375 I. INTRODUCTION "'The Government doesn't make it easy for you to change your life,' "says Rosemary. " 'They should help us more.' "' Rosemary Maraltadj is an Aboriginal Australian teenager living in the remote village of Kalumburu.2 She realized that she would face a dead-end future if she remained at home, so she sought the help of the Australian Army Assistance Program, one of several initiatives that serve to better the lives of Australia's indigenous population.3 A staff member found Rosemary a decent job and training in a metropolithtn area,4 but other indigenous Australians have not been so lucky.