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Indigenouslawbulletin Index INDIGENOUS LAW BULLETIN JUNE 2 0 0 4 Volume 6 / Issue 3 INDEX V O L U M E 5 JULY/AUGUST 2000 - FEBRUARY 2004 CONTENTS Indigenous Law Bulletin Faculty of Law University of New South Wales M A I N 3 Sydney 2052 Australia A U T H O R S 15 Phone 61 2 9385 2256 F E A T U R E A R T I C L E S 2 4 Fax 61 2 9385 1266 Email editors [email protected] C A S E S 2 6 Subscriptions [email protected] L E G I S L A T I O N 3 0 Website www.ilb.unsw.edu.au I N T E R N A T I O N A L I N S T R U M E N T S 3 4 Editorial Board David Brown, Toni Bauman, Neva Collings, Mick S P E C I A L E D I T I O N S 3 5 Dodson, Terri Janke, Garth Nettheim, Sarah Pritchard, Robynne Quiggin, Prue Vines, Kevin Williams Editors Jacqui Houston, Samantha Newman H o w t o U s e t h i s I n d e x Indexer Pamela Johnson Breakdown of most common entry Graphic Design / DTP John Hewitt Subscriptions Melodie-Jane Gibson Primary Reference Issue No Published by Indigenous Law Centre, Faculty of Law Aboriginal art University of New South Wales Misleading or deceptive conduct, 24/18 Sydney 2052 Australia Phone 61 2 9385 2252 Fax 61 2 9385 1266 Email [email protected] Sub-Reference (more specific) Page No Website www.ilc.unsw.edu.au Printing Print & Mail Pty Ltd P R E V I O U S V O L U M E S Volume 5 Issues 1-30 (July/August 2000 – Feb 2004) Disclaimer No expression of opinion in this magazine may be regarded as legal Volume 4 Issues 1-30 (April 1997 – June 2000) advice. Readers should make and rely on their own enquiries when Volume 3 Issues 61-90 (April 1993 – March 1997) making decisions affecting their own interests. The views expressed Volume 2 Issues 31-60 (April 1988 – February 1993) in the Indigenous Law Bulletin are not necessarily those of the editors, the Indigenous Law Centre or the University of New South Wales. Volume 1 Issues 1-30 (August 1981 – February 1988) ISSN 1328-5475 P R E V I O U S I N D E X E S Citation (2004) 6(3) Indigenous Law Bulletin Index Volume 4 Issues 1-30 (April 1997 – June 2000) (or ILB) Consolidated Index Volumes 1-3 (August 1981 – March 1997) Produced with financial assistance Index Volume 2 Issues 31-60 (April 1988 – February 1993) from ATSIC/ATSIS Index Volume 1 Issues 1-30 (August 1981 – February 1988) Contribute The ILB welcomes articles from all interested contributors for any section of the magazine. In particular, Indigenous lawyers, paralegals and visual artists are encouraged to contribute their work for publication. Electronic submission is preferred. Articles Language: To ensure accessibility to a broad readership, technical and jargonistic language must be simplified into plain English. Aboriginal English is an exception to this rule but where necessary, translations will be provided in addition to the original expression. Style: Australian Guide to Legal Citation, www.law.unimelb.edu.au/ mulr/aglc.htm Word lengths (including footnotes): 1 page article 600; 2 page article June 2004, ILB Volume 6, Issue 3 1300-1400; 3 page article 2000-2200; feature articles (maximum of 4 pages) 3000. ULLETIN B Articles may be subject to anonymous peer review. AW L Art Images of visual artworks in any medium that are suitable for reproduction in colour or black and white may be submitted for publication. Images may be submitted as slides, photographic prints, transparencies or 300 NDIGENOUS dpi electronic scans of the work. Graphics inserted in Word documents I or obtained from the web are not suitable. 2 EDITORIAL MAIN INDEX There have been many significant legal and other developments affecting Australia's Indigenous peoples throughout Volume 5 – July 2000 to February 2004. Unfortunately, many have not been positive. A number of decisions by the High Court regarding native title have seen Indigenous rights to land further limited in an already highly restrictive legislative regime. Discrimination continues to be a daily experience for many Indigenous people and a UN Special Rapporteur investigating discrimination in Australia not only supported this but linked discriminatory practice directly to the Native Title Act. The 10th anniversary of the Royal Commission into Aboriginal Deaths in Custody has passed, yet few of its recommendations have been implemented. Indigenous peoples are still overrepresented in gaols, there are few rehabilitation programs available and the cycle of offending behaviour continues. Young Indigenous people also continue to be overrepresented in the criminal justice system, unaided by state government curfew policies. A There have, however, been some positive developments. Aboriginal ancestral remains Restorative Justice mechanisms such as Circle Sentencing in Aboriginal remains return home, 24/4 NSW, Koori Courts in Victoria and Nunga Courts in SA have Repatriation, 6/9-13 shown signs of immense success in decreasing rates of recidivism and supporting community development. Other community-run Australia’s Museum Policy, 6/9 initiatives have reported similar successes in addressing issues of UK Museums, 6/10 family violence, alcoholism and unemployment. Aboriginal art Misleading or deceptive conduct, 24/18 We have been very fortunate to have many editors working on Aboriginal and Torres Strait Islander Commission (ATSIC) the ILB in the course of this Volume. We thank them for their Government review of ATSIC, 23/7, 25/4 tireless hard work, commitment and vision. We would also like to Lingiari Foundation, extend a special thanks to Emeritus Professor Garth Nettheim for and Water Rights Project, 16/18 his continued encouragement, guidance and contributions. Garth National Indigenous Working Group on Family Violence, has been involved with the ILB since its inception and much of what it is today is owed to him. Of course, the ILB would be 23/6 nothing without the exceptional talents of its designers. Thanks Native Title Representative Bodies, funding, 9/14 to Dale Harrison, Sophie Verrechia, Francisco Fisher, Adam Hill UN Draft Declaration on the Rights of Indigenous Peoples and our current designer, John Hewitt, for their work in making 2002, 16/6-9 the ILB look fantastic. Finally, we would like to thank the many Aboriginal and Torres Strait Islander Commission Act other people who have contributed – writers, peer reviewers, 1989 (Cth) (ATSIC Act) guest editors, artists and volunteers. Amendments to, 20/4 Aboriginal and Torres Strait Islander Family Mediation Samantha Newman and Jacqui Houston Program Editors through Volume 5 Recent developments in NSW, 15/14 Carolyn Cerexhe, Kevin Dolman, Natasha Case, Rachel Davis Aboriginal and Torres Strait Islander Legal Services Teena Balgi, Lucy Macmillan, Carl D’Souza, Lachlan Harris, (ATSILS) June 2004, ILB Volume 6, Issue 3 Nicole Watson, Kasie Maher, Jacqui Houston and Samantha Crisis in ATSILS funding, 28/22 Newman. In 2001, Carolyn Cerexhe passed away. Our thoughts are Aboriginal and Torres Strait Islander Services (ATSIS) ULLETIN extended to her family - the ILB owes Carolyn a debt of gratitude for her B Aboriginal Women’s Outreach Project, 28/16 work.
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