The Power of Story As Public Discourse
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STOLEN GENERATIONS’ REPORT by RON BRUNTON
BETRAYING Backgrounder THE VICTIMS THE ‘STOLEN GENERATIONS’ REPORT by RON BRUNTON The seriousness of the ‘stolen generations’ issue should not be underestimated, and Aborigines are fully entitled to demand an acknowledgement of the wrongs that many of them suffered at the hands of various authorities. But both those who were wronged and the nation as a whole are also entitled to an honest and rigorous assessment of the past. This should have been the task of the ‘stolen generations’ inquiry. Unfortunately, however, the Inquiry’s report, Bringing Them Home, is one of the most intellectually and morally irresponsible official documents produced in recent years. In this Backgrounder, Ron Brunton carefully examines a number of matters covered by the report, such as the representativeness of the cases it discussed, its comparison of Aboriginal and non-Aboriginal child removals, and its claim that the removal of Aboriginal children constituted ‘genocide’. He shows how the report is fatally compromised by serious failings. Amongst many others, these failings include omitting crucial evidence, misrepresenting important sources, making assertions that are factually wrong or highly questionable, applying contradictory principles at different times so as to make the worst possible case against Australia, and confusing different circumstances under which removals occurred in order to give the impression that nearly all separations were ‘forced’. February 1998, Vol. 10/1, rrp $10.00 BETRAYING THE VICTIMS: THE ‘STOLEN GENERATIONS’ REPORT bitterness that other Australians need to comprehend INTRODUCTION and overcome. A proper recognition of the injustices that Aborigi- nes suffered is not just a matter of creating opportuni- ties for reparations, despite the emphasis that the Bring- The Inquiry and its background ing Them Home report places on monetary compensa- Bringing Them Home, the report of the National Inquiry tion (for example, pages 302–313; Recommendations into the Separation of Aboriginal and Torres Strait Is- 14–20). -
Tatz MIC Castan Essay Dec 2011
Indigenous Human Rights and History: occasional papers Series Editors: Lynette Russell, Melissa Castan The editors welcome written submissions writing on issues of Indigenous human rights and history. Please send enquiries including an abstract to arts- [email protected]. ISBN 978-0-9872391-0-5 Genocide in Australia: By Accident or Design? Colin Tatz © Indigenous Human Rights and History Vol 1(1). The essays in this series are fully refereed. Editorial committee: John Bradley, Melissa Castan, Stephen Gray, Zane Ma Rhea and Lynette Russell. Genocide in Australia: By Accident or Design? Colin Tatz © Colin Tatz 1 CONTENTS Editor’s Acknowledgements …… 3 Editor’s introduction …… 4 The Context …… 11 Australia and the Genocide Convention …… 12 Perceptions of the Victims …… 18 Killing Members of the Group …… 22 Protection by Segregation …… 29 Forcible Child Removals — the Stolen Generations …… 36 The Politics of Amnesia — Denialism …… 44 The Politics of Apology — Admissions, Regrets and Law Suits …… 53 Eyewitness Accounts — the Killings …… 58 Eyewitness Accounts — the Child Removals …… 68 Moving On, Moving From …… 76 References …… 84 Appendix — Some Known Massacre Sites and Dates …… 100 2 Acknowledgements The Editors would like to thank Dr Stephen Gray, Associate Professor John Bradley and Dr Zane Ma Rhea for their feedback on earlier versions of this essay. Myles Russell-Cook created the design layout and desk-top publishing. Financial assistance was generously provided by the Castan Centre for Human Rights Law and the School of Journalism, Australian and Indigenous Studies. 3 Editor’s introduction This essay is the first in a new series of scholarly discussion papers published jointly by the Monash Indigenous Centre and the Castan Centre for Human Rights Law. -
FIGHTING OVER COUNTRY: Anthropological Perspectives
FIGHTING OVER COUNTRY: Anthropological Perspectives Edited by D.E. Smith and J. Finlayson Centre for Aboriginal Economic Policy Research The Australian National University, Canberra Research Monograph No. 12 1997 First published in Australia 1997. Printed by Instant Colour Press, Canberra, Australia. © Centre for Aboriginal Economic Policy Research, The Australian National University. This book is copyright Apart from any fair dealings for the purpose of private study, research, criticism or review as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission. Inquiries should be directed to the publisher, Centre for Aboriginal Economic Policy Research, The Australian National University, Canberra ACT 0200, Australia. National Library of Australia. Cataloguing-in-publication entry. Fighting over country: anthropological perspectives ISBN 07315 2561 2. 1. Aborigines, Australian - Land tenure. 2. Native title - Australia. 3. Torres Strait Islanders - Land tenure. 4. Land use - Australia. I. Finlayson, Julie, n. Smith, Diane (Diane Evelyn). ID. The Australian National University. Centre for Aboriginal Economic Policy Research. (Series: Research monograph (The Australian National University. Centre for Aboriginal Economic Policy Research); no. 12). 306.320899915 Acknowledgments A number of people assisted in the organisation and conduct of the workshop Fighting Over Country: Anthropological Perspectives held in Canberra in late September 1996. The workshop was the latest in a series sponsored by the Australian Anthropological Society focusing on land rights and native title issues. Diane Smith, Julie Finlayson, Francesca Merlan, Mary Edmunds and David Trigger formed the organising committee, and ongoing administrative support was provided by the Centre for Aboriginal Economic Policy Research (CAEPR). The Native Titles Research Unit of the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) provided modest but very helpful financial assistance towards catering for the workshop. -
Sir R Wilson Lecture Single Space
SIR RONALD WILSON LECTURE 19 MAY 2011 THE DELIVERY OF CRIMINAL JUSTICE: BUILDING ON THE PAST TO MEET THE CHALLENGES OF THE FUTURE INTRODUCTION Mr President, distinguished guests, ladies and gentlemen. It is a very great honour to have been asked to deliver the Sir Ronald Wilson Lecture this year, although I appreciate that I am very much the second choice, and that I only got the gig because his Honour the Chief Justice is in Europe, attending a Court of the Future Program on courthouse design in the perhaps over-optimistic expectation that what he learns will be useful when, or if, the Supreme Court is provided with new accommodation of an appropriate standard to go with the 1903 Courthouse and to replace our tenancy in the former Royal Commission into WA Incorporated premises in an office building in the city. Of course, the mention of those premises recalls another link to Sir Ronald Wilson who, with the Hon Justice Kennedy, seconded from the Court, and the then recently retired judge, the Hon Peter Brinsden QC, served on that Royal Commission, which made such momentous findings on a wide range of Government activities and the people involved in them. I feel particularly intimidated when I observe that previous presenters of this lecture include people such as Sir Ronald himself, the Rt Hon Lord MacKay of Clashfern, the Rt Hon Sir Ninian Stephen, the Rt Hon Sir Zelman Cowen, Justice Michael Kirby, as he then was, and others, including local luminaries, the Hon Justice Robert French, as he then was, the Hon Justice Carmel McLure, Chief Judge Antoinette Kennedy, and the Hon Justice Michael Barker. -
IPA REVIEW ESTABLISHED in 1947 by CHARLES KEMP, FOUNDING DIRECTOR of the INSTITUTE of PUBLIC AFFAIRS Vol
IPA REVIEW ESTABLISHED IN 1947 BY CHARLES KEMP, FOUNDING DIRECTOR OF THE INSTITUTE OF PUBLIC AFFAIRS Vol. 45 No. 4,1992 Business Must Defend Itself 6 Australia, Vanuatu and the British Connection 48 Richard Craig Mark Uhlmann The current campaign against foreign-owned The view that Australia has been the pawn of British companies in Australia is misguided. foreign policy in the South Pacific is false. Bounties or Tariffs, Someone Pays 12 Millennium: Getting Tribal Rites Wrong 51 Bert Kelly Ron Brunton The cost of protection — whatever its form — must A lavish production, with a vacuous message. be borne by somebody. Menzies and the Middle Class 53 The New Constitutionalism 13 C.D. Kemp Kenneth Minogue Menzies embodied the best and the worst of his Changing constitutions is a fashionable, but `forgotten people. unreliable way of achieving political objectives. Catholicisms Condition 56 The Constitution and its Confused Critics 15 T.C. de Lacey S.E.K Hulme All is not well in the Catholic Church, but Paul Calls to update The Constitution are ill-informed. Collinss `remedies would only make things worse. Blowing the Police Whistle 20 Eric Home Whistleblowers need legislative protection. Genesis Revisited 26 From the Editor Brian J. OBrien Revolution and restraint in capitalism. In the beginning the earth was formless — then there were forms in triplicate. Moore Economics 4 Des Moore Reforming Public Sector Enterprises 30 How Victoria found itself in such a mess. Bill Scales Why its urgent and how to approach it. IPA Indicators 8 Social class figures hardly at all in Australians Delivery Postponed ^" J 34 definition of themselves. -
Situating Women Judges on the High Court of Australia: Not Just Men in Skirts?
Situating Women Judges on the High Court of Australia: Not Just Men in Skirts? Kcasey McLoughlin BA (Hons) LLB (Hons) A thesis submitted for the degree of Doctor of Philosophy, the University of Newcastle January 2016 Statement of Originality This thesis contains no material which has been accepted for the award of any other degree or diploma in any university or other tertiary institution and, to the best of my knowledge and belief, contains no material previously published or written by another person, except where due reference has been made in the text. I give consent to the final version of my thesis being made available worldwide when deposited in the University's Digital Repository, subject to the provisions of the Copyright Act 1968. Kcasey McLoughlin ii Acknowledgments I am most grateful to my principal supervisor, Jim Jose, for his unswerving patience, willingness to share his expertise and for the care and respect he has shown for my ideas. His belief in challenging disciplinary boundaries, and seemingly limitless generosity in mentoring others to do so has sustained me and this thesis. I am honoured to have been in receipt of his friendship, and owe him an enormous debt of gratitude for his unstinting support, assistance and encouragement. I am also grateful to my co-supervisor, Katherine Lindsay, for generously sharing her expertise in Constitutional Law and for fostering my interest in the High Court of Australia and the judges who sit on it. Her enthusiasm, very helpful advice and intellectual guidance were instrumental motivators in completing the thesis. The Faculty of Business and Law at the University of Newcastle has provided a supportive, collaborative and intellectual space to share and debate my research. -
Eureka Street Is Published Fortnightly Online, a Minimum of 24 Times Per
18 October 2007 Volume: 17 Issue: 20 Politics is a team sport John Warhurst ...........................................1 The human rights cost of intelligence activities Bill Calcutt ............................................. 4 A key role for Australia in Burma’s democratisation Tony Kevin .............................................8 Burma’s new generation political activists Carol Ransley and Toe Zaw Latt ............................. 11 Echoes of Calwell in Sudanese refugee cut David Holdcroft ......................................... 15 Building relationships settles refugees Michele Gierck .......................................... 18 Nothing new in cynicism towards politicians Brian Matthews ......................................... 21 Gutted kiwis eat humble pie Peter Matheson ......................................... 25 Kevin Rudd’s political cowardice Scott Stephenson ....................................... 29 Sir Ronald Wilson’s life in compartments Frank Brennan .......................................... 33 Playwrights finger reality missed by politicians Richard Flynn .......................................... 37 Death and birth set cerebral thriller in motion Tim Kroenert ........................................... 40 Perhaps dying isn’t hard after all Peter Matheson and Cassandra O’Loughlin ...................... 43 Keeping families safe from violence Trish McNamara ........................................ 45 Eureka Street is published fortnightly Responsibility for editorial content is online, a minimum of 24 times -
The Accountability of the Courts Year 12 Teacher Resource
Francis Burt Law Education Programme THE ACCOUNTABILITY OF THE COURTS YEAR 12 TEACHER RESOURCE This resource addresses the following Year 12 Stage 3 Politics and Law syllabus item: 3B: The accountability of the courts through the appeals process through parliamentary scrutiny and legislation through transparent processes and public confidence through the censure and removal of judges Part A: Introduction, Appeals and Legislation Possible Preliminary Discussion Points a) Discuss what the term ‘the accountability of the courts’ actually means. b) In what ways should judges be held accountable? c) What problems may occur if the accountability of the judiciary was the task of the executive arm of government? Introduction “The independence of the judiciary lies at the heart of the rule of law and hence of the administration of justice itself. The essence of judicial independence is that the judge in carrying out his judicial duties, and in particular in making judicial decisions, is subject to no other authority than the law.... In particular, the judiciary should be free from the control of the executive government or of any department or branch of it.”1 “No judge could be expected to carry out judicial tasks with impartiality if one side in the dispute had the power to dismiss that judge, move the judge out of office or reduce his or her salary or could cause its elected representatives to do so. The issue was put succinctly by Australia’s former Chief Justice, Murray Gleeson, in a Boyer Lecture in December 2000 when he declared: ‘The ultimate test of public confidence in the judiciary is whether people believe that in a contest between a citizen and government they can rely upon an Australian court to hold the scales of justice evenly.’”2 “That the purpose of judicial independence was not to provide a benefit to the judiciary but to enable the judicial system to function fairly with integrity and impartiality”3 was indicated by Western Australia’s Chief Justice, the Honourable Wayne Martin AC, at a conference in New Zealand in 2011. -
Seeing Visions and Dreaming Dreams Judicial Conference of Australia
Seeing Visions and Dreaming Dreams Judicial Conference of Australia Colloquium Chief Justice Robert French AC 7 October 2016, Canberra Thank you for inviting me to deliver the opening address at this Colloquium. It is the first and last time I will do so as Chief Justice. The soft pink tones of the constitutional sunset are deepening and the dusk of impending judicial irrelevance is advancing upon me. In a few weeks' time, on 25 November, it will have been thirty years to the day since I was commissioned as a Judge of the Federal Court of Australia. The great Australian legal figures who sat on the Bench at my official welcome on 10 December 1986 have all gone from our midst — Sir Ronald Wilson, John Toohey, Sir Nigel Bowen and Sir Francis Burt. Two of my articled clerks from the 1970s are now on the Supreme Court of Western Australia. One of them has recently been appointed President of the Court of Appeal. They say you know you are getting old when policemen start looking young — a fortiori when the President of a Court of Appeal looks to you as though he has just emerged from Law School. The same trick of perspective leads me to see the Judicial Conference of Australia ('JCA') as a relatively recent innovation. Six years into my judicial career, in 1992, I attended a Supreme and Federal Courts Judges' Conference at which Justices Richard McGarvie and Ian Sheppard were talking about the establishment of a body to represent the common interests and concerns of judges, to defend the judiciary as an institution and, where appropriate, to defend individual judges who were the target of unfair and unwarranted criticisms. -
Black and White Children in Welfare in New South Wales and Tasmania, 1880-1940
‘Such a Longing’ Black and white children in welfare in New South Wales and Tasmania, 1880-1940 Naomi Parry PhD August 2007 THE UNIVERSITY OF NEW SOUTH WALES Thesis/Dissertation Sheet Surname or Family name: Parry First name: Naomi Abbreviation for degree as given in the University calendar: PhD School: History Faculty: Arts and Social Sciences Title: ‘Such a longing’: Black and white children in welfare in New South Wales and Tasmania, 1880-1940 Abstract 350 words maximum: When the Human Rights and Equal Opportunities Commission tabled Bringing them home, its report into the separation of indigenous children from their families, it was criticised for failing to consider Indigenous child welfare within the context of contemporary standards. Non-Indigenous people who had experienced out-of-home care also questioned why their stories were not recognised. This thesis addresses those concerns, examining the origins and history of the welfare systems of NSW and Tasmania between 1880 and 1940. Tasmania, which had no specific policies on race or Indigenous children, provides fruitful ground for comparison with NSW, which had separate welfare systems for children defined as Indigenous and non-Indigenous. This thesis draws on the records of these systems to examine the gaps between ideology and policy and practice. The development of welfare systems was uneven, but there are clear trends. In the years 1880 to 1940 non-Indigenous welfare systems placed their faith in boarding-out (fostering) as the most humane method of caring for neglected and destitute children, although institutions and juvenile apprenticeship were never supplanted by fostering. Concepts of child welfare shifted from charity to welfare; that is, from simple removal to social interventions that would assist children's reform. -
Contents 183
contents 183 Appendices 1. ABC Television Program Analysis 184 2. ABC Radio Networks Content Analysis 186 3. ABC Organisation, as at 30 June 2007 187 4. ABC Board and Board Committees 188 5. ABC Audit and Risk Committee 189 6. ABC Commercial Tax Equivalent Calculation 190 7. Consultants 191 8. Overseas Travel Costs 192 9. Reports Required Under s80 of the ABC Act 192 10. Other Required Reports 192 11. Advertising and Market Research 193 12. Occupational Health and Safety 193 13. Commonwealth Disability Strategy 196 14. Performance Pay 198 15. Staff Profile 198 16. Ecologically Sustainable Development and Environmental Performance 199 17. ABC Advisory Council 199 18. Independent Complaints Review Panel 202 19. Freedom of Information 203 20. ABC Code of Practice 2007 203 21. Performance Against Service Commitment 209 22. ABC Awards 2006–07 210 23. ABC Television Transmission Frequencies 215 APPENDICES 24. ABC Radio Transmission Frequencies 221 25. Radio Australia Frequencies 227 06–07 26. ABC Offices 228 27. ABC Shops 233 ANNUAL REPORT 20 184 Appendices for the year ended 30 June 2007 Appendix 1—ABC Television Program Analysis ABC Television Main Channel Program Hours Transmitted—24 hours Australian Overseas Total First Total First Total 2006 2005 Release Repeat Australian Release Repeat Overseas –07 –06 Arts and Culture 98 112 209 67 40 107 316 254 Children’s 76 432 508 352 1 080 1 432 1 941 2 033 Comedy 1 20 21 33 85 118 139 149 Current Affairs 807 287 1 094 0 1 1 1 095 895 Documentary 57 120 177 213 198 411 588 476 Drama 7 40 46 370 -
Imagereal Capture
PREFACE EMERITUS PROFESSOR ERIC J. EDWARDS Professor Eric Edwards retired from the University of Western Australia Law School on 31 December 1980, after twenty-five years distinguished and loyal service. This volume of the Law Review is dedicated to him by his colleagues as a mark of profound respect and admiration. Professor Edwards was born in Burma in 1915. He attended the Uni- versity of Rangoon, graduating BA with a distinction in economics in 1936 and LL.B in 1939. With the outbreak of war, he volunteered for officer training; he then spent the duration of the war fighting with the British Army in the Burma and India theatres. This is a period of his life about which, being a gentle and modest man, he has always been reticent; suffice it to say that by the time he was discharged he had risen to the rank of Lieutenant Colonel. For his return to civilian life he chose to be repatriated to Australia. Passing through Fremantle en route to Sydney in 1947, he came up to the University and met Professor Frank Beasley, foundation Professor and first Dean of the Law School. Beasley encouraged him to enrol here to recommence his legal career. Thus there began the long association with the Law School which was to culrninate'in his election to the Dean- ship and appointment to a Chair. His period at the Law School was a vintage one; his contemporaries included such luminaries as Sir Ronald Wilson, Sir Billy Sneddon, Mr Bob Hawke, Mr Justice Bob Jones and Mr Justice John Toohey.