COPYRIGHT AND USE OF THIS THESIS This thesis must be used in accordance with the provisions of the Copyright Act 1968. Reproduction of material protected by copyright may be an infringement of copyright and copyright owners may be entitled to take legal action against persons who infringe their copyright. Section 51 (2) of the Copyright Act permits an authorized officer of a university library or archives to provide a copy (by communication or otherwise) of an unpublished thesis kept in the library or archives, to a person who satisfies the authorized officer that he or she requires the reproduction for the purposes of research or study. The Copyright Act grants the creator of a work a number of moral rights, specifically the right of attribution, the right against false attribution and the right of integrity. You may infringe the author’s moral rights if you: - fail to acknowledge the author of this thesis if you quote sections from the work - attribute this thesis to another author - subject this thesis to derogatory treatment which may prejudice the author’s reputation For further information contact the University’s Copyright Service. sydney.edu.au/copyright ·1 it I I I I ,I I "¥engarrahween Narrloo: Developing an Aboriginal Dispute I Resolution Program for NSW ~~ I by I I Chrissiejoy Marshall I" Submitted as part of course requirement for I Batchelor of Health Science (Aboriginal Health & I . Community Development) School of Indigenous Health Studies, I Faculty of Health Sciences I October 1999 I Supervisors signature:.~.~~D..:. Tim Earnshaw ~ I I I I I I I I I I I I I I I I I I Chrissiejoy Marshall1999 This work is copyright. I ,I I "Yengarrahween Narrloo: Developing an AboriginalDispute I Resolution Programfor NSW. " I I I· ,I I I I Frontpiece: "Yengarrahween Narrloo" Reproduced from a painting (1999) by Immibowkaramilbun specifically I for this thesis. 'Yeengarrahween Narrloo' are words from the Aboriginal language, U'Alarai (North-West NSW). In English, they loosely translate, I 'Ritual ofHealing Talk for Fighting People, Around Sacred Fire'. I I I I I, iii ,I t Abstract II Dispute Resolution has become an integral part of the legal system in Australia. t However, disputes in Aboriginal communities regularly remain unresolved and often intensify to violence and injury. The literature review discusses the existing literature, I reports and reviews on Aboriginal Dispute Resolution issues including Aboriginal I, perspectives and the effects of colonisation. It shows that Australian history has been based on racism and ethnocentrism and the impact of this on contemporary issues for I Aboriginal people. It defines 'western' Dispute Resolution philosophy, the I impracticality and inappropriateness ofutilising 'western' Dispute Resolution programs for Aboriginal people without specific adaptation and modifications. The effects of I language, specifically Standard English versus Aboriginal English, legalistic language I and the consequences on communications for Aboriginal people. This research, is a qualitative study examining the outcomes and satisfaction levels of Aboriginal people I who have experienced the Dispute Resolution process designed for Aboriginal people in :1 WA and Qld. The rhetoric and realities of these programs are also debated. In examining these' two existing Aboriginal Dispute Resolution Programs and " incorporating Unstructured Key Informant Interviews and Client Feedback Assessments I of a narrative style, underpinned by Critical Social Theory, this research attempts to answer the question of whether such programs are useful in Aboriginal Dispute I Resolution. In doing this, the thesis presents the reasons of "Why is there a necessity ·1 for a distinct and separate Dispute Resolution Program for NoS. ~ Aboriginal I Communities?". I I I IV 'I I :1 I .1, I Declaration I I hereby certify that the work embodied in this thesis is the result oforiginal research and has not been submitted for a degree to any other University or Institution. It does not I incorporate without acknowledgment any material previously submitted for a degree or I diploma in any institution ofhigher education. ~~ I Signature Date.__~------!....!./f--..:-'-"'4---9!..,£.- _ I· ,I I' I .1 I I I I; 'I, v I I· t Dedication .1 DREAMING (Past, Present and Future) The continuation outside of time is the Dreaming; The Dreaming is the land and the life that is one with the land; I The people from the land are one with all that is made of the land; Our ancestors speak with 'us-of-the-Dreaming', to give and keep the lores; The lore is the strength and privilege of life that is given through the Dreaming; " The freedoms of the land are granted neither by wealth or force but through the lore; Our Wise Ones gain their wisdom and knowledge from the Dreaming, power from the Ancestors; And strength from the land, as do all our people. The lore; the land; all living I and Spiritual things; Past, present and future; Our lives and those after; all belong to the Dreaming. I, It is all connected. As told by Larnabrewillaring in 1956 t Translated by Immibowkaramilbun in 1962 I Yuungarla Larnabrewillaring J This thesis is dedicated in memory ofmy grandmother, who always wanted the bestfor me; I In memory of myfather, who always demanded the best ofme; I.. In memory ofmy husbandwho gave the best to me; To my son, who continues to do the best he canfor me; ,I Andto all the people though out my life, ., who have depicted human natur.e at it's worst toward me, I also dedicate this thesis to them; I To the loving and the not so loving, All these encounters have given me remarkable strength anddetermination I I I I' vi I I' Acknowledgements I wish to acknowledge the assistance I have received from various persons during the 'I preparation of this study. I would like to express appreciation to my supervisor, Tim Earnshaw for his useful suggestions and assistance throughout my honours project. r I am exceedingly grateful to Catherine O'Donaghoe, for her continued motivation, support, sound advice, grammatical corrections and skilful proofreading ofthis thesis, which helped I a great deal in improving its quality. I wish to express my extreme gratitude to my fellow students for the last four years and particularly over the last few months, of camaraderie, peer support and friendship, ,a especially Estelle, losie, Katie, Marion, Melissa, Michael and Wendy (A). I, The sincerest ofthanks to my family and friends for their kindness and patience and to all those people who expressed an interest in my study and encouraged me. I would like to thank Wendy Faulkes and Dr. 1. Hughes for their assistance, advice and the I sharing ofinformation with me. The research for this study would not have been as comprehensive or as far-ranging, :1 without the generous support of the NSW Law Foundation; my thanks also goes to Catherine Lloyd for her support, advice and encouragement. I I am especially indebted and grateful to Marion Kickett for generously sharing her friends, networks, her own valuable time with me, in my endeavours of research in Western Australia, her encouragement and support over the last four years and her continuing ,', friendship. To the participants, who for confidentiality reason I can not name, I thank for their time, I trusting me with their stories, accepting me without question and sharing the Uundia I numbullen. To all those that assisted in my field work and research, gIvmg time, knowledge, information, kindness and hospitality I thank, especially: Anne Mathews, Derek lackson, I Tracey Pollock, Maryanne Hall, Kurt Noble, Harriet Sporne, Dean and Shelly Duncan, Denis Duncan, Andrew Hughes (Kuulpa), Venis Collard, Uncle Andy Nebro, Peter David (Kuulbardi), Leon Harpe, Helen Waghorne, Paul Adardice, Lorraine Robertson, Helen 11 Blaszczyk, Claudette Bolton, Maisie Eades, and Ted Farmer. I would also like to thank Liz Humphries and lames Campbell of the Student t Representative Council for the their support, advice and advocacy over the last few weeks ofpreparation ofthis thesis. I Finally and most importantly, my biggest 'thank you' is to my son, Tim who with practical assistance and generous nature has always enthusiastically supported my efforts to study. Without his computer guidance, constructive criticisms, sense of humour, support and I consideration, especially over the last two months, this thesis would not have been I, completed. I vii I I' Abbreviations .1 AADR Aboriginal Additional Dispute Resolution I AADRS Aboriginal Alternative Dispute Resolution Service (Western Australia) I Aboriginalls Includes all Aboriginal and Torres Strait Islander peoples I ADR Additional (Alternative) Dispute Resolution I CJC Community Justice Centre (NSW) I CJP Community Justice Program (Qld) DOGIT Deed ofGrant in Trust (50 year Government Lease to the community with "I. strict conditions) HREOC I Human Rights & Equal Opportunity Commission NADRAC I National Alternative Dispute Resolution Advisory Council NSW New South Wales I QLD Queensland I SGC Special Government Committee 11 WA Western Australia ~I I I I I viii I I I I Wly/ don/c-whit-l!/ J1UU'l/.sa-dowwquiet"'byfl;r~ III not-;-t-andup ~calbothercount-ry-~Uar? What-whit-l!/~w~t-o-t-alI</abouCli1fht"'/Or? I Everyhoc(y haYl!/P~ ;rdbw~more: f{l!/haYl!/cvbifr~ I JnOnej/ i#vpocket; yet-~not-;at""~ I W~t-o-J11aIce, lnflfJer rodet: I11 OfW/~ I het-prettyclatnwJOOrl,/ rode:t-g;o-;-t-raifJht"'~;pear. I Put"'J1UU'l/o-YVmoo-ru TltervI het-plenty t-r~ I MawandEartJvbur;-t-~!J-uhlJl& People-g;o-rO"Und~teari#vwil{y-w~ I,