DOCSLIB.ORG

Social Justice and Native Title Report 2015

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

Social Justice and Native Title Report 2015 ABORIGINAL AND TORRES STRAIT ISLANDER SOCIAL JUSTICE COMMISSIONER The Australian Human Rights Commission encourages the dissemination and exchange of information provided in this publication. All material presented in this publication is provided under a Creative Commons Attribution 3.0 Australia, with the exception of: • The Australian Human Rights Commission Logo • Photographs and images • Any content or material provided by third parties The details of the relevant licence conditions are available on the Creative Commons website, as is the full legal code for the CC BY 3.0 AU licence. Attribution Material obtained from this publication is to be attributed to the Commission with the following copyright notice: © Australian Human Rights Commission 2015. Social Justice and Native Title Report 2015 ISSN: 2204-1125 (Print version) Acknowledgements The Social Justice and Native Title Report 2015 was drafted by Kirsten Gray, Emily Collett, Susan Nicolson, Darren Dick, Andrew Gargett, Jack Regester and Roxanne Moore. The Aboriginal and Torres Strait Islander Social Justice Commissioner thanks the following staff of the Australian Human Rights Commission: Allyson Campbell, Amber Roberts, Loki Ball, Graeme Edgerton, Siobhan Tierney, Louise Bygrave, Angela Dorizas, Leon Wild and the Investigation and Conciliation Section. Special thanks to the following Aboriginal communities and organisations who feature in this report: The Murri School Brisbane, Yawuru and Noongar peoples. The Social Justice Commissioner also thanks interns Sophie Quinn, Avanithah Selvarajah, Vidya Ramachandran, Joshua Young and Ashwin Sivaratnam and all those who assisted with the preparation of this Report. A full list of acknowledgements is contained at Appendix 1. Design and layout The Aqua Agency Printing Paragon Printers Australasia Cover photography Photo: Phoenix Wunba Briscoe, a proud Ku Ku Yalanji descendant. Photograph by Luke Briscoe (2013). The photo was taken at ‘the Block’, Redfern – an urban iconic meeting place and a symbol of hope for Aboriginal and Torres Strait Islander peoples. Electronic format This publication can be found in electronic format on the website of the Australian Human Rights Commission: https://www.humanrights.gov.au/publications. ISSN: 2204-1133 (Online version) Contact details For further information about the Australian Human Rights Commission, please visit www.humanrights.gov.au or email [email protected]. You can also write to: Monitoring and Reporting Team Australian Human Rights Commission GPO Box 5218 Sydney NSW 2001 Please be aware that this publication may contain the names or images of Aboriginal and Torres Strait Islander people who may now be deceased. The Australian Human Rights Commission sits on the land of the Gadigal people of the Eora Nation. We acknowledge your ownership and we salute your Elders past, present and those yet to emerge. The Social Justice and Native Title Report 2015 was written on your lands and we honour you, the Gadigal people, by producing a record that advocates the human rights of Aboriginal and Torres Strait Islander peoples throughout Australia. 14 October 2015 Senator the Hon George Brandis QC Attorney-General PO Box 6100 Senate Parliament House CANBERRA ACT 2600 Dear Attorney Social Justice and Native Title Report 2015 I am pleased to present to you the Social Justice and Native Title Report 2015, in accordance with section 46C(1)(a) of the Australian Human Rights Commission Act 1986 (Cth) and section 209 of the Native Title Act 1993 (Cth). The Report examines the enjoyment and exercise of human rights by Aboriginal and Torres Strait Islander peoples from 1 July 2014 to 30 June 2015. In doing so, it provides an overview of the year with respect to Social Justice and Native Title issues. The Report outlines major developments during the year, including the ongoing impact of the Indigenous Advancement Strategy, constitutional recognition, welfare and announcements regarding remote communities. It also reflects on progress in land and native title, including the findings of major reviews and the feedback of Aboriginal and Torres Strait Islander peoples about the need for a new process of engagement. These views were expressed during the Broome Roundtable on Indigenous property rights, which you attended in May 2015. This process also identified a number of major barriers in the enjoyment of our rights to land and native title, which are explored in depth. I also investigate two human rights issues facing Aboriginal and Torres Strait Islander peoples, namely that of disability and child protection. The Report details the nature and extent of disability in our communities as well as the experience of our people with the newly established National Disability Insurance Scheme. The chapter on child protection reveals what is one of the most challenging issues confronting our communities, including the value of reforms aimed at healing informed practice. I look forward to discussing the Report with you. Yours sincerely Mick Gooda Aboriginal and Torres Strait Islander Social Justice Commissioner Australian Human Rights Commission ABN 47 996 232 602 Level 3, 175 Pitt Street, Sydney, NSW 2000 General enquiries: 1300 369 711 GPO Box 5218, Sydney, NSW 2001 Complaints infoline: 1300 656 419 TTY: 1800 620 241 www.humanrights.gov.au Social Justice and Native Title Report 2015 • 1 About the Aboriginal and Torres Strait Islander Social Justice Commissioner The position of the Aboriginal and Torres Strait Islander Social Justice Commissioner was established in 1993. The office of the Social Justice Commissioner is located within the Australian Human Rights Commission. The Social Justice Commissioner: • reports annually on the enjoyment and exercise of human rights by Aboriginal and Torres Strait Islander peoples, and recommends action that should be taken to ensure these rights are observed • reports annually on the operation of the Native Title Act 1993 (Cth) and its effect on the exercise and enjoyment of the human rights of Aboriginal and Torres Strait Islander peoples • promotes awareness and discussion of human rights in relation to Aboriginal and Torres Strait Islander peoples • undertakes research and educational programs for the purpose of promoting respect for, and the enjoyment and exercise of, human rights by Aboriginal and Torres Strait Islander peoples • examines and reports on enactments and proposed enactments to ascertain whether or not they recognise and protect the human rights of Aboriginal and Torres Strait Islander peoples. Office holders • Mick Gooda: 2010-present • Dr Tom Calma AO: 2004-10 • Dr William Jonas AM: 1999-2004 • Zita Antonios: 1998-99 (Acting) • Professor Mick Dodson AM: 1993-98 About the Social Justice Commissioner’s logo The right section of the design is a contemporary view of traditional Dari or head-dress, a symbol of Torres Strait Islander people and culture. The head-dress suggests the visionary aspect of the Aboriginal and Torres Strait Islander Social Justice Commissioner. The dots placed in the Dari represent a brighter outlook for the future provided by the Commissioner’s visions, black representing people, green representing islands and blue representing the seas surrounding the islands. The Goanna is a general symbol of the Aboriginal people. The combination of these two symbols represents the coming together of two distinct cultures through the Aboriginal and Torres Strait Islander Social Justice Commissioner and the support, strength and unity which the Commissioner can provide through the pursuit of social justice and human rights. It also represents an outlook for the future of Aboriginal and Torres Strait Islander social justice expressing the hope and expectation that one day we will be treated with full respect and understanding. © Leigh Harris 2 Mick Gooda Aboriginal and Torres Strait Islander Social Justice Commissioner Mick Gooda is a descendent of the Gangulu people of central Queensland and is the current Aboriginal and Torres Strait Islander Social Justice Commissioner. He is now in his 6th year in this position having commenced in February 2010. Mick has worked in Aboriginal and Torres Strait Islander affairs for over 30 years having worked in remote, rural and urban environments throughout Australia at the community, regional, state and national levels. As Commissioner, Mick builds on this experience to advocate for the human rights of Aboriginal and Torres Strait Islander peoples in Australia and to promote respect and understanding of these rights among the broader Australian community. For information on the work of the Social Justice Commissioner, please visit: http://humanrights.gov.au/social_justice/index.html Social Justice and Native Title Report 2015 • 33 Contents Executive summary 9 Recommendations 12 Chapter 1: The need for better engagement - Year in review 14 1.1 Introduction 16 1.2 Indigenous Advancement Strategy 17 (a) Background 17 (b) Grants process 18 (c) Incorporation requirements 21 (d) Inquiries into the IAS and related processes 22 1.3 Remote Aboriginal communities in Western Australia 24 (a) Response to the announcement of potential closures 24 (b) Benefits of remote communities 25 (c) Consultation process 26 1.4 Northern Territory paperless arrest powers 27 (a) Coronial inquest into the death of Kumanjayi Langdon 28 (b) Disproportionate impact on Aboriginal and Torres Strait Islander peoples 28 (c) Royal Commission into Aboriginal Deaths in Custody 29
Recommended publications
  • Better Indigenous Policies: the Role of Evaluation

    Better Indigenous Policies: the Role of Evaluation

    Better Indigenous Policies: The Role of Evaluation Roundtable Proceedings Canberra, 22–23 October 2012 Commonwealth of Australia 2013 ISBN 978-1-74037-433-0 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, the work may be reproduced in whole or in part for study or training purposes, subject to the inclusion of an acknowledgment of the source. Reproduction for commercial use or sale requires prior written permission from the Productivity Commission. Requests and inquiries concerning reproduction and rights should be addressed to Media and Publications (see below). This publication is available from the Productivity Commission website at www.pc.gov.au. If you require part or all of this publication in a different format, please contact Media and Publications. Publications Inquiries: Media and Publications Productivity Commission Locked Bag 2 Collins Street East Melbourne VIC 8003 Tel: (03) 9653 2244 Fax: (03) 9653 2303 Email: [email protected] General Inquiries: Tel: (03) 9653 2100 or (02) 6240 3200 An appropriate citation for this paper is: Productivity Commission 2013, Better Indigenous Policies: The Role of Evaluation, Roundtable Proceedings, Productivity Commission, Canberra. The Productivity Commission The Productivity Commission is the Australian Government’s independent research and advisory body on a range of economic, social and environmental issues affecting the welfare of Australians. Its role, expressed most simply, is to help governments make better policies, in the long term interest of the Australian community. The Commission’s independence is underpinned by an Act of Parliament. Its processes and outputs are open to public scrutiny and are driven by concern for the wellbeing of the community as a whole.
  • Trevor Stockley

    Trevor Stockley

    Trevor Stockley Aboriginal Languages Teacher 18/1/2012 Dear Committee Secretary, I write to you regarding the future directions of the Senate inquiry into the provisions of the Social Security Legislation Amendment Bill 2011, the Stronger Futures in the Northern Territory Bill 2011 and the Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011. Summary My concerns are primarily in the areas of Indigenous bi/multilingual education and the future use and health of the unique, intergenerational, Australian Aboriginal languages remaining in the Northern Territory. Of equal concern is the collateral damage, including the crucial loss of trust, caused through Intervention actions by both the Commonwealth and Northern Territory (NT) governments. This is linked with the Aboriginal viewpoint that the Government has failed to conduct a respectful, honest and proper consultation process with NT Aboriginal communities, compounded by the faulty reporting of evaluations in the production of the Stronger Futures policy document. History has shown that allowing the States to set and play out Indigenous policy, has ensured that Indigenous Australians today have - lower levels of good health, higher rates of incarceration in gaols, higher rates of infant mortality and a lower life expectancy than non-Indigenous Australians. This approach has also guaranteed that the majority of Aboriginal and Torres Straits Islanders in Australia no longer speak their Indigenous languages, today speaking English as their first language. We now know the devastating consequences of this loss of language and destruction of culture. Although the Australian government was entrusted by all Australians in the 1967 Referendum with law making powers for Indigenous Australians, it is doing no better than the State and NT governments and possibly, with this obtuse policy, even worse.
  • A Report Into Youth Suicide in the Northern Territory

    A Report Into Youth Suicide in the Northern Territory

    LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY 11th Assembly Select Committee on Youth Suicides in the NT Gone Too Soon: A Report into Youth Suicide in the Northern Territory COMMITTEE REPORT Presented and ordered to be printed by the March 2012 Legislative Assembly of the Northern Territory March 2012 Contents Contents Chair’s Preface......................................................................................................................... ii Committee Members .............................................................................................................. iv Committee Secretariat ............................................................................................................ v Acknowledgements ................................................................................................................. v Acronyms and Abbreviations ................................................................................................ vi Terms of Reference .............................................................................................................. viii Executive Summary ................................................................................................................ x Recommendations ............................................................................................................... xiii 1. CONDUCT OF THE INQUIRY ............................................................................... 1 2. BACKGROUND ....................................................................................................
  • Snaicc News Secretariat of National Aboriginal and Islander Child Care

    Snaicc News Secretariat of National Aboriginal and Islander Child Care

    snaicc news Secretariat of National Aboriginal and Islander Child Care www.snaicc.asn.au MAY 2012 Celebrating 25 years of National Aboriginal and Islander Children’s Day See pages 22 and 24 NT peak body begins journey down new path The new peak body for Aboriginal and NT; play a role in finding solutions This family Torres Strait Islander children, youth to the tragically high suicide rate of history has and families in the NT is ready to take Aboriginal children, particularly girls, fuelled Josie’s on the enormous challenges ahead. in remote communities; and work to pursuit of equality ensure that Aboriginal children placed and social justice The peak body, Stronger Aboriginal in out-of-home care maintain a link to for Aboriginal Families Together — or SAF,T their family, community and culture. people at the (pronounced safety) — has become local, national and international fully incorporated, moved into its own Darwin-born Josie Crawshaw (pictured) levels including serving as ATSIC premises in Darwin and is transitioning is a Gurindji woman and a member Commissioner for the Top End, as chair from its auspiced arrangement with of a large extended local family with and founding member of the Top End Aboriginal Medical Services Alliance NT. sporting, business and political links. Aboriginal Coalition, and working on Josie’s mother, the late Nawala (Daisy) SAF,T’s inaugural CEO Josie Crawshaw the development of the UN’s Declaration Ruddick, was taken from her family at said the peak body’s management board on the Rights of Indigenous Peoples. Limbunyah Station, 750kms south-west had identified a number of priorities.
  • Lessons from Chile for Allocating Indigenous Water Rights in Australia

    Lessons from Chile for Allocating Indigenous Water Rights in Australia

    1130 UNSW Law Journal Volume 40(3) 9 BEYOND RECOGNITION: LESSONS FROM CHILE FOR ALLOCATING INDIGENOUS WATER RIGHTS IN AUSTRALIA ELIZABETH MACPHERSON I INTRODUCTION Australian water law frameworks, which authorise water use, have historically excluded indigenous people. Indigenous land now exceeds 30 per cent of the total land in Australia.1 Yet indigenous water use rights are estimated at less than 0.01 per cent of total Australian water allocations.2 In the limited situations where water law frameworks have engaged with indigenous interests, they typically conceive of such interests as falling outside of the consumptive pool’3 of water applicable to commercial uses associated with activities on land such as irrigation, agriculture, industry or tourism.4 The idea that states must recognise’ indigenous groups, and their ongoing rights to land and resources, has become the central claim of the international indigenous rights movement. 5 Claims for recognition of indigenous land and resource rights are the logical outcome of demands for indigenous rights based on ideas of reparative’ justice.6 The colonisers failed to recognise indigenous rights to land and resources at the acquisition of sovereignty, the argument goes, and the remedy is to recognise those rights now. The dominant legal mechanism BCA, LLB (Hons) (VUW), PhD (Melbourne), Lecturer, School of Law, University of Canterbury. This research was carried out while the author was undertaking a PhD at the University of Melbourne. All translations have been made by the author, with italics used for Spanish language terms. 1 Jon Altman and Francis Markham, Values Mapping Indigenous Lands: An Exploration of Development Possibilities’ (Paper presented at Shaping the Future: National Native Title Conference, Alice Springs Convention Centre, 35 June 2013) 6.
  • Download Thesisadobe

    Download Thesisadobe

    Difficult Knowledge and Uncomfortable Pedagogies: student perceptions and experiences of teaching and learning in Critical Indigenous Australian Studies Marcelle Townsend-Cross (BA, SCU; MEd, UTS) A thesis submitted in fulfilment of requirements for the degree of Doctor of Philosophy Faculty of Arts and Social Sciences University of Technology Sydney 2018 ii Certificate of Original Authorship I, Marcelle Townsend-Cross declare that this thesis is submitted in fulfilment of the requirements for the award of Doctor of Philosophy in the Faculty of Arts and Social Sciences at the University of Technology Sydney. This thesis is wholly my own work unless otherwise referenced or acknowledged. In addition, I certify that all information sources and literature used are indicated in the thesis. This document has not been submitted for qualifications at any other academic institution. Signature: Production Note: Signature removed prior to publication. Date: 26th February 2018 iii Acknowledgements I owe my gratitude to the teachers and students who generously agreed to participate in my research. Their courageous and candid contributions provided rich and compelling insights that positively shaped my research in immeasurable ways. I am very grateful to Dr. Rick Flowers who expertly guided me through the research process with enthusiasm, mindfulness and patience. I am so very grateful and privileged to have been a recipient of the Jumbunna Postgraduate Research Scholarship. Many people have inspired and encouraged me throughout my candidature – family, friends and colleagues - and I am humbled by your consistent and persistent belief in me, especially during the times when I didn’t particularly believe in myself, thank you.
  • 120206-Submission-APO NT Stronger Futures Sub-Senate-Final

    120206-Submission-APO NT Stronger Futures Sub-Senate-Final

    Submission to the Senate Community Affairs Committee Inquiry into the Stronger Futures in the Northern Territory Bill 2011 and two related bills Aboriginal Peak Organisations Northern Territory [APO NT] February 2012 1 Contents Executive Summary ..........................................................................................................................4 1. IntroDuction.............................................................................................................................11 2. Ten Year Sunset Period ...........................................................................................................12 3. LanD Reform ............................................................................................................................12 4. Income Management - General Concerns ..............................................................................12 5. Income Management- Powers of referral ..............................................................................13 Part 1 – State/territory referrals..............................................................................................13 Safeguarding better decision making ......................................................................................15 Ensuring consistent and procedurally fair administration of income management................16 Item 10 - Unwritten law and exercise of executive power......................................................17 Item 15 - Deductable portion – Subdivision DAA – section 123XPAA(3).................................17
  • Social Justice and Native Title Report 2016

    Social Justice and Native Title Report 2016

    Social Justice and Native Title Report 2016 ABORIGINAL AND TORRES STRAIT ISLANDER SOCIAL JUSTICE COMMISSIONER The Australian Human Rights Commission encourages the dissemination and exchange of information provided in this publication. All material presented in this publication is provided under a Creative Commons Attribution 3.0 Australia, with the exception of: • The Australian Human Rights Commission Logo • Photographs and images • Any content or material provided by third parties The details of the relevant licence conditions are available on the Creative Commons website, as is the full legal code for the CC BY 3.0 AU licence. Attribution Material obtained from this publication is to be attributed to the Commission with the following copyright notice: © Australian Human Rights Commission 2016. Social Justice and Native Title Report 2016 ISSN: 2204-1125 (Print version) Acknowledgements The Social Justice and Native Title Report 2016 was drafted by Akhil Abraham, Allyson Campbell, Amber Roberts, Carly Patman, Darren Dick, Helen Potts, Julia Smith, Kirsten Gray, Paul Wright and Robynne Quiggin. The Aboriginal and Torres Strait Islander Social Justice Commissioner thanks the following staff of the Australian Human Rights Commission: Isaiah Dawe, Michelle Lindley, John Howell, Leon Wild, Emily Collett and the Investigation and Conciliation Section. Special thanks to the following Aboriginal communities and organisations who feature in this report: the Quandamooka people for allowing us to host the Indigenous Property Rights Banking Forum at Minjerribah, The Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) for hosting our Indigenous Property Rights Network meeting, Yothu Yindi Foundation CEO, Denise Bowden and Sean Bowden for facilitating permission for use of the photo of Mr Pupuli and the Aboriginal Legal Service of Western Australia for facilitating permission for use of the photo of Mrs Roe.
  • The Toohey Legacy: Rights and Freedoms, Compassion and Honour

    The Toohey Legacy: Rights and Freedoms, Compassion and Honour

    57 THE TOOHEY LEGACY: RIGHTS AND FREEDOMS, COMPASSION AND HONOUR GREG MCINTYRE* I INTRODUCTION John Toohey is a person whom I have admired as a model of how to behave as a lawyer, since my first years in practice. A fundamental theme of John Toohey’s approach to life and the law, which shines through, is that he remained keenly aware of the fact that there are groups and individuals within our society who are vulnerable to the exercise of power and that the law has a role in ensuring that they are not disadvantaged by its exercise. A group who clearly fit within that category, and upon whom a lot of John’s work focussed, were Aboriginal and Torres Strait Islander peoples. In 1987, in a speech to the Student Law Reform Society of Western Australia Toohey said: Complex though it may be, the relation between Aborigines and the law is an important issue and one that will remain with us;1 and in Western Australia v Commonwealth (Native Title Act Case)2 he reaffirmed what was said in the Tasmanian Dam Case,3 that ‘[t]he relationship between the Aboriginal people and the lands which they occupy lies at the heart of traditional Aboriginal culture and traditional Aboriginal life’. A University of Western Australia John Toohey had a long-standing relationship with the University of Western Australia, having graduated in 1950 in Law and in 1956 in Arts and winning the F E Parsons (outstanding graduate) and HCF Keall (best fourth year student) prizes. He was a Senior Lecturer at the Law School from 1957 to 1958, and a Visiting Lecturer from 1958 to 1965.
  • Queensland V Congoo: the Confused Re- Emergence of a Rationale of Equality?

    Queensland V Congoo: the Confused Re- Emergence of a Rationale of Equality?

    QUEENSLAND V CONGOO: THE CONFUSED RE- EMERGENCE OF A RATIONALE OF EQUALITY? ZOE BUSH* In State of Queensland v Congoo [2015] HCA 17 (13 May 2015), the High Court applied principles of extinguishment to determine the effect of military orders under reg 54 of the National Security (General) Regulations 1940 (Cth) on the native title rights and interests of the Bar- Barrum People. The Court’s split decision casts questions of extinguishment back to the ‘legal jungle’. Amongst the thicket, the re- emergence of a ‘rationale of equality’ can be glimpsed in the statutory majority’s emphasis on the standard of ‘clear and plain intention’. The requirement of a clear and plain legislative intention to expropriate existing property rights without compensation is well established. On the 800th anniversary of the Magna Carta, its extension to the extinguishment of native title would accord with the fundamental rule of law in c 29 that ‘[n]o Freeman shall… be desseised… but by… the law of the Land’. I INTRODUCTION Queensland v Congoo1 is the most recent High Court decision regarding the common law principles of extinguishment of native title. The case concerned the effect of military orders under reg 54 of the National Security (General) Regulations 1940 (Cth) (‘Regulations’) over land that was later subject to a native title claim by the Bar-Barrum People in 2001. Despite all purporting to apply the test of inconsistency of rights in Western Australia v Ward,2 the Court delivered a decision split three to three. Pursuant to s 23(2)(a) of the Judiciary Act 1903 (Cth), the appeal from the decision of the Full Federal Court in Congoo v Queensland3 was dismissed.
  • 30 Years On: Royal Commission Into Aboriginal Deaths in Custody Recommendations Remain Unimplemented T

    30 Years On: Royal Commission Into Aboriginal Deaths in Custody Recommendations Remain Unimplemented T

    30 YEARS ON: ROYAL COMMISSION INTO ABORIGINAL DEATHS IN CUSTODY RECOMMENDATIONS REMAIN UNIMPLEMENTED T. ANTHONY, K. JORDAN, T. WALSH, F. MARKHAM, AND M. WILLIAMS Centre for Aboriginal Economic Policy Research ANU College of Arts & Social Sciences CAEPR WORKING PAPER NO. 140/2021 Series note The Centre for Aboriginal Economic Policy Research (CAEPR) undertakes high-quality, independent research to further the social and economic development and empowerment of Indigenous people throughout Australia. For more than 30 years, CAEPR has aimed to combine academic and teaching excellence on Indigenous economic and social development and public policy with realism, objectivity and relevance. CAEPR maintains a substantial publications program, including Research Monographs, Discussion Papers, Working Papers and Topical Issues. The CAEPR Working Paper series exists to disseminate preliminary research findings, to share ideas about a topic, or to elicit discussion and feedback. All Working Papers are subject to internal peer review. All CAEPR publications are available in electronic format for free download from CAEPR’s website: caepr.cass.anu.edu.au CAEPR is located within the Research School of Social Sciences in the College of Arts & Social Sciences at the Australian National University (ANU). The Centre is funded from a range of sources, including ANU, the Australian Research Council, industry and philanthropic partners, and Australian state and territory governments. As with all CAEPR publications, the views expressed in this Working Paper are those of the author(s) and do not reflect any official CAEPR position. Professor Tony Dreise Director, CAEPR Research School of Social Sciences College of Arts & Social Sciences Australian National University, April 2021 Front cover image: Terry Ngamandarra Wilson, Gulach (detail), painting on bark, private collection © Terry Ngamandarra, licensed by Viscopy, 2016 Centre for Aboriginal Economic Policy Research caepr.cass.anu.edu.au Working Paper No.
  • Indigenous Equality: the Long Road

    Indigenous Equality: the Long Road

    INDIGENOUS EQUALITY: THE LONG ROAD GREG MCINTYRE SC This essay identifies some of incremental progress towards substantive racial equality in Australia for First Nations Peoples observed in the course of a legal practice extending over the past 44 years, affected by cases brought before the courts, particularly the case of Mabo v Queensland. It discusses the impact on that progress of legislation, particularly the Native Title Act. It concludes that recognition of the fiduciary duty of the Government towards its First Nations Peoples may be a necessary prerequisite to according them self determination and equality within the Australian nation. LLB (UWA) 1974, Barrister, Michael Kirby Chambers, Western Australia, Adjunct Professor, UNDA and UWA. INDIGENOUS EQUALITY: THE LONG ROAD VOL 8(2) 2021 CONTENTS I INTRODUCTION...........................................................................................................................2 II MY INTRODUCTION TO INDIGENOUS EQUALITY...........................................................................3 III LITIGATION OR LEGISLATION……………………….........................................................................5 IV LEGISLATING NATIVE TITLE........................................................................................................5 V PUSHING BACK THE STATES........................................................................................................6 VI PASTORAL LEASES V NATIVE TITLE............................................................................................7