The Limitations of Litigation in Stolen Generations Cases
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The Communist Party Dissolution Act 1950
82 The Communist Party Dissolution Act 1950 After the Second World War ended with the defeat of Germany and Japan in 1945, a new global conflict between Communist and non-Communist blocs threatened world peace. The Cold War, as it was called, had substantial domestic repercussions in Australia. First, the spectre of Australians who were committed Communists perhaps operating as fifth columnists in support of Communist states abroad haunted many in the Labor, Liberal and Country parties. The Soviet Union had been an ally for most of the war, and was widely understood to have been crucial to the defeat of Nazism, but was now likely to be the main opponent if a new world war broke out. The Communist victory in China in 1949 added to these fears. Second, many on the left feared persecution, as anti-Communist feeling intensified around the world. Such fears were particularly fuelled by the activities of Senator Joe McCarthy in the United States of America. McCarthy’s allegations that Communists had infiltrated to the highest levels of American government gave him great power for a brief period, but he over-reached himself in a series of attacks on servicemen in the US Army in 1954, after which he was censured by the US Senate. Membership of the Communist Party of Australia peaked at around 20,000 during the Second World War, and in 1944 Fred Paterson won the Queensland state seat of Bowen for the party. Although party membership began to decline after the war, many Communists were prominent in trade unions, as well as cultural and literary circles. -
Copyright and Use of This Thesis This Thesis Must Be Used in Accordance with the Provisions of the Copyright Act 1968
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an authorized officer of a university library or archives to provide a copy (by communication or otherwise) of an unpublished thesis kept in the library or archives, to a person who satisfies the authorized officer that he or she requires the reproduction for the purposes of research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 Land Rich, Dirt Poor? Aboriginal land rights, policy failure and policy change from the colonial era to the Northern Territory Intervention Diana Perche A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy Department of Government and International Relations Faculty of Arts and Social Sciences University of Sydney 2015 Statement of originality This is to certify that to the best of my knowledge, the content of this thesis is my own work. -
History of the Sea of Hands Significant Dates Suggested School Activities
History of the Sea of Hands Significant Dates Suggested School Activities Sample School Program Worksheets The Sea of Hands is a great activity for students, particularlyThe Sea of if itHands supports is a community work being- baseddone in the Useful Reconciliationclassroom. Some activity schools which have can alsobe used incorporated to mark significant dates during the year, such as Sorry Day, Resources student’s own hand designs and artworks within the Nationalinstallations, Reconciliation enabling Week students and toNAIDOC make aweek. more Photo Gallery personal response to the event. ANTaR QLD can supply hands and poles which can be used free of charge if your school would like to create a Sea of Hands installation. The hands can be booked by phoning the ANTaR office on ph.0401 733359 or via email [email protected] We acknowledge the Turrubal, Jagera and Yuggera people, traditional owners of the land on which Brisbane is situated. About the Sea of Hands Sea of Hands, Canberra 1997 The first Sea of Hands was held on the 12 October 1997, in front of Parliament House, Canberra. The Sea of Hands was created as a powerful, physical representation of the Citizen's Statement on Native Title. The Citizen's Statement was a petition circulated by ANTaR to mobilise non- Indigenous support for native title and reconciliation. Plastic hands in the colours of the Aboriginal and Torres Strait Islander flags, each one carrying one signature from the Citizen's Statement, were installed in front of Parliament House in what was then the largest public art installation in Australia. -
Central Land Council and Northern Land Council
CENTRAL LAND COUNCIL and NORTHERN LAND COUNCIL Submission to the Productivity Commission Draft Report into Resources Sector Regulation 21 August 2020 TABLE OF CONTENTS 1. KEY TERMS ____________________________________________________________ 4 2. INTRODUCTION ________________________________________________________ 5 PART 1 – DETAILED RESPONSE AND COMMENTARY_________________________ 5 3. LEGAL CONTEXT _______________________________________________________ 5 3.1. ALRA NT ______________________________________________________________ 5 3.2. Native Title Act _________________________________________________________ 6 3.3. The ALRA NT is not alternate to the Native Title Act. __________________________ 6 4. POLICY CONTEXT ______________________________________________________ 6 4.1. Land Council Policy Context ______________________________________________ 6 4.2. Productivity Commission consultation context ________________________________ 8 5. RECOMMENDATIONS AND COMMENTS __________________________________ 9 5.1. The EPBC Act, and Northern Territory Environmental Law has recently been subject to specialised review _________________________________________________________ 9 5.2. Pt IV of the ALRA NT has recently been subject to specialised review _____________ 9 5.3. Traditional owners are discrete from the Aboriginal Community and have special rights ____________________________________________________________________ 10 5.4. Free Prior Informed Consent _____________________________________________ 11 5.5. Inaccuracies in the draft Report -
Intimacies of Violence in the Settler Colony Economies of Dispossession Around the Pacific Rim
Cambridge Imperial & Post-Colonial Studies INTIMACIES OF VIOLENCE IN THE SETTLER COLONY ECONOMIES OF DISPOSSESSION AROUND THE PACIFIC RIM EDITED BY PENELOPE EDMONDS & AMANDA NETTELBECK Cambridge Imperial and Post-Colonial Studies Series Series Editors Richard Drayton Department of History King’s College London London, UK Saul Dubow Magdalene College University of Cambridge Cambridge, UK The Cambridge Imperial and Post-Colonial Studies series is a collection of studies on empires in world history and on the societies and cultures which emerged from colonialism. It includes both transnational, comparative and connective studies, and studies which address where particular regions or nations participate in global phenomena. While in the past the series focused on the British Empire and Commonwealth, in its current incarna- tion there is no imperial system, period of human history or part of the world which lies outside of its compass. While we particularly welcome the first monographs of young researchers, we also seek major studies by more senior scholars, and welcome collections of essays with a strong thematic focus. The series includes work on politics, economics, culture, literature, science, art, medicine, and war. Our aim is to collect the most exciting new scholarship on world history with an imperial theme. More information about this series at http://www.palgrave.com/gp/series/13937 Penelope Edmonds Amanda Nettelbeck Editors Intimacies of Violence in the Settler Colony Economies of Dispossession around the Pacific Rim Editors Penelope Edmonds Amanda Nettelbeck School of Humanities School of Humanities University of Tasmania University of Adelaide Hobart, TAS, Australia Adelaide, SA, Australia Cambridge Imperial and Post-Colonial Studies Series ISBN 978-3-319-76230-2 ISBN 978-3-319-76231-9 (eBook) https://doi.org/10.1007/978-3-319-76231-9 Library of Congress Control Number: 2018941557 © The Editor(s) (if applicable) and The Author(s) 2018 This work is subject to copyright. -
Participants in the Courtroom Counsel, Timings When Counsel Commence and Finish Court Etiquette in the Three Courtrooms
Portraits of the first 11 Chief Justices are displayed cases involving the interpretation of the Australian Participants in the Courtroom counsel, timings when counsel commence and finish Court Etiquette in the three courtrooms. Photographic portraits of all Constitution, or disputes between states, or between speaking, adjournments and pronouncements by the HIGH COURT Chief Justices and Justices who have sat on the Court the Commonwealth and one or more states. Matters As you enter the courtroom, it may be helpful for you Bench. The Clerk also times the oral presentations in The High Court building is open to the public. We since its inception are displayed along the wall outside raising constitutional questions may involve the to understand the various roles of the people you are special leave applications and controls the counsel request your cooperation in respecting our restrictions Courtroom 1. intervention of some or all of the Attorneys-General for about to see. warning lights on the lectern. When reserved judgments and requirements for visitors. Court Guides are stationed OF AUSTRALIA the Commonwealth, the states and the territories. are delivered, an additional Associate attends in Court around the Public Hall and will advise you of courtroom www.hcourt.gov.au Commemorative Plaques Justices to collect the written judgments from each of the protocol. It is customary, as a matter of respect to the Oral Argument The Justices enter the courtroom through a door to the Justices as they are pronounced and delivers them to Court when it is in session, that you bow on entry into A feature wall at the lower entrance to the building right of the Bench. -
The High Court and the Parliament Partners in Law-Making Or Hostile Combatants?*
The High Court and the Parliament Partners in law-making or hostile combatants?* Michael Coper The question of when a human life begins poses definitional and philosophical puzzles that are as familiar as they are unanswerable. It might surprise you to know that the question of when the High Court of Australia came into existence raises some similar puzzles,1 though they are by contrast generally unfamiliar and not quite so difficult to answer. Interestingly, the High Court tangled with this issue in its very first case, a case called Hannah v Dalgarno,2 argued—by Wise3 on one side and Sly4 on the other—on 6 and 10 November 1903, and decided the next day on a date that now positively reverberates with constitutional significance, 11 November.5 * This paper was presented as a lecture in the Department of the Senate Occasional Lecture Series at Parliament House on 19 September 2003. I am indebted to my colleagues Fiona Wheeler and John Seymour for their comments on an earlier draft. 1 See Tony Blackshield and Francesca Dominello, ‘Constitutional basis of Court’ in Tony Blackshield, Michael Coper and George Williams (eds), The Oxford Companion to the High Court of Australia, South Melbourne, Vic., Oxford University Press, 2001 (hereafter ‘The Oxford Companion’): 136. 2 (1903) 1 CLR 1; Francesca Dominello, ‘Hannah v Dalgarno’ in The Oxford Companion: 316. 3 Bernhard Ringrose Wise (1858–1916) was the Attorney-General for NSW and had been a framer of the Australian Constitution. 4 Richard Sly (1849–1929) was one of three lawyer brothers (including George, a founder of the firm of Sly and Russell), who all had doctorates in law. -
Dialogue and Indigenous Policy in Australia
Dialogue and Indigenous Policy in Australia Darryl Cronin A thesis in fulfilment of the Requirements for the degree of Doctor of Philosophy Social Policy Research Centre Faculty of Arts & Social Sciences September 2015 ABSTRACT My thesis examines whether dialogue is useful for negotiating Indigenous rights and solving intercultural conflict over Indigenous claims for recognition within Australia. As a social and political practice, dialogue has been put forward as a method for identifying and solving difficult problems and for promoting processes of understanding and accommodation. Dialogue in a genuine form has never been attempted with Indigenous people in Australia. Australian constitutionalism is unable to resolve Indigenous claims for recognition because there is no practice of dialogue in Indigenous policy. A key barrier in that regard is the underlying colonial assumptions about Indigenous people and their cultures which have accumulated in various ways over the course of history. I examine where these assumptions about Indigenous people originate and demonstrate how they have become barriers to dialogue between Indigenous people and governments. I investigate historical and contemporary episodes where Indigenous people have challenged those assumptions through their claims for recognition. Indigenous people have attempted to engage in dialogue with governments over their claims for recognition but these attempts have largely been rejected on the basis of those assumptions. There is potential for dialogue in Australia however genuine dialogue between Indigenous people and the Australian state is impossible under a colonial relationship. A genuine dialogue must first repudiate colonial and contemporary assumptions and attitudes about Indigenous people. It must also deconstruct the existing colonial relationship between Indigenous people and government. -
NLC Strategic Plan 2016-2020
NORTHERN LAND COUNCIL STRATEGIC PLAN 2016 – 2020 Strategic Plan 2016 – 2020 1. NORTHERN LAND COUNCIL STRATEGIC PLAN 2016 – 2020 About this strategic plan This Strategic Plan reflects the Northern Land Council’s strategic direction for the period 2016 – 2020. It builds on our achievements and describes the way we intend to carry out our statutory responsibilities, the goals we set out to achieve and our vision for the future. The Plan provides the framework for the continuing strategic management of our work. It is dynamic – reflecting the complex and changing environment in which we operate. We will revisit our strategies and projects regularly and continue to develop new initiatives, to ensure that we are able to respond to challenges and take advantage of opportunities as they arise. Contents Who we are .............................................................................................................. 1 What we do .............................................................................................................. 2 Welcome from the Chairman ................................................................................. 3 Introduction to the NLC from the CEO .................................................................. 4 Map of the NLC Region........................................................................................... 5 Communities in the NLC Region ........................................................................... 6 Our Vision ............................................................................................................... -
Key Steps to Council Transformation
Regionalisation Strategy ‘BUILDING THE BUSH’ Northern Land Council ‘Building the Bush’ Contents Introduction 3 Shaping our future 6 Who we are 7 What we do 8 Our Land and People 9 Our Structure 12 Our Staff 13 Our Region and Offices 15 Regionalisation Strategy 16 What is Regionalisation? 16 Regionalisation Vision 17 Why Regionalisation? 17 What our Leaders say about Regionalisation 18 Regional Workload Demands 19 How will it happen? 34 What will it look like? 41 What are the benefits? 46 How will we measure? 46 Future Planning? 46 SWOT Analysis 47 Threats/Risks and Mitigation Strategies 48 Annexure A (NLC’s Regional 20 year population projection) 50 Cover photo: NLC staff member Don Winimba Gananbark at Nyinyikay, East Arnhem Land. 2 Northern Land Council ‘Building the Bush’ Introduction The Northern Land Council (NLC) has undertaken significant change over the past five years and is continuing to develop strategic initiatives to ensure that it continues to operate in the most effective, efficient and responsible manner for our constituents in the Top End of the Northern Territory. In recent times there have been a growing number of major resource developments and commercial activities taking place on Aboriginal land. These include: • minerals and energy exploration projects; • infrastructure relating to railway, gas pipeline and army training areas; • national parks; • a significant increase in residential and commercial lot leasing; • enhanced natural resource management; and • pastoral activities. The NLC operating environment is unique, and it is important that the organisation continually adapts to support and foster new and innovative projects and developments that will underpin prosperity in remote Aboriginal communities. -
To Be Called the High Court of Australia on the First Day of the 20Th Century
. to be called the High Court of Australia On the first day of the 20th century, the Commonwealth of Australia came into existence. This new country had a new Constitution. That document set out the powers of the new Parliament and it allowed for the creation of a new court to oversee the exercise of those powers. “The judicial power of the Commonwealth shall be vested in a federal Supreme Court, to be called the High Court of Australia.” The Court commenced operating in 1903 when the Governor-General appointed the Court’s first three members, Sir Samuel Griffith as the Chief Justice, and Sir Edmund Barton and Richard O’Connor as the other Justices. Each of them had been heavily involved in the Constitutional Conventions in the late 19th century. Today, the High Court of Australia sits at the apex of Australia’s justice system. The Court derives its authority directly from the Constitution and has two main functions: first, to interpret the Australian Constitution and, secondly, to sit as the final Court of Appeal on all matters arising in Federal, State and Territory courts. For the first 80 years of its life the Court was without a home of its own. It sat mostly in Sydney and Melbourne. When it travelled to other State capitals, it used the court rooms, offices and libraries of the State Supreme Courts. On 26 May 1980 the High Court building was opened and Australia’s highest Court had a permanent new home. While the Court does most of its public work in Canberra, it still travels and usually sits once a year in each State capital, apart from Sydney and Melbourne, where it sits on several occasions each year. -
In the High Court of Australia Sydney Registry No S77 of 2016
• IN THE HIGH COURT OF AUSTRALIA SYDNEY REGISTRY NO S77 OF 2016 BETWEEN: ROBERT JOHN DAY Plaintiff AUSTRALIAN ELECTORAL OFFICER FOR AND: THE STATE OF SOUTH AUSTRALIA First Defendant COMMONWEALTH OF AUSTRALIA Second Defendant SUBMISSIONS OF THE SECOND DEFENDANT Filed on behalf of the Second Defendant by: Date of this document: 12 April 2016 Contact: Simon Daley I Tony Burslem The Australian Government Solicitor 4 National Circuit, Barton, ACT 2600 File ref: 16001387 DX 5678 Canberra Telephone: 02 9581 7490 1 02 6253 7054 Lawyer's E-mail: [email protected] 1 [email protected] Facsimile: 02 9581 7732 1 02 6253 7384 18915894 PART I FORM OF SUBMISSIONS 1. These submissions are in a form suitable for publication on the internet. PART 11 ISSUES 2. These are stated at the commencement of part VI of these submissions. PART Ill SECTION 788 OF THE JUDICIARY ACT 1903 (CTH) 3. Notice pursuant to s 788 of the Judiciary Act 1903 (Cth) was given by the plaintiff on 31 March 2016. No further notice is necessary. PART IV FACTS 10 4. The facts are to be set out in the Application Book to be filed on 19 April 2016 (subject to possible issues of relevance). PART V LEGISLATIVE PROVISIONS 5. See attachment. PART VI ARGUMENT 6. The issues that arise and the argument the Commonwealth seeks to advance in respect of each are as follows: 20 7. The overall effect of the amendments: The key provisions in the Commonwealth Electoral Act 1918 (Cth) ('Electoral Act') as amended by the Commonwealth Electoral Amendment Act 2016 (Cth) ('Amending Act') ('Amended Act') are ss 272(2), 269(1)(b), 239(2) and 210(1)(f)(ii).