Aboriginal Way Issue 60, Spring 2015 A publication of South Australian Native Title Services

Aboriginal Congress of

A long way to go in nuclear debate, says Aboriginal Congress of SA In early August, the Aboriginal During July and August, the Royal Parry Agius, Alinytjara Wiluara Natural waste dump” and the Royal Commission Congress of South Australia Commission engaged regional and Resources Board Member reinforced the is nothing more than mere formality. convened in Port Augusta to remote communities including Coober notion of an appropriate timeline in his Karina Lester, Aboriginal Congress discuss the issues and concerns Pedy, Oak Valley, Ceduna, Port Lincoln, submission. Mr Agius wrote, “we note of SA member said it is clear by the of potential expansion of uranium Port Augusta, Whyalla, Port Pirie, levels of concern within our communities submissions to the Royal Commission mining in SA, including the Ernabella, Fregon, Mimili, , that suggest that the timeframe for that Aboriginal People do not support development of a nuclear Ceduna, Amata, and Pipalyatjara. consultation on the risks and opportunities the Nuclear Fuel Cycle. waste dump. through the Royal Commission is Aboriginal Congress of SA Chair, insufficient”. Through the initial “Our views are clear in the submissions The State Government launched a said the engagement conversations with community members and we need to ensure that this gets public inquiry on the Nuclear Fuel Cycle with Aboriginal Communities is there is, he added, “a level of confusion across to the Commissioner. We need by calling a Royal Commission in March. welcomed however the consultation about what was being discussed”. to put pressure on the Government. This Since then, submissions have been time is unrealistic. needs to be taken seriously,” she said. made by a range of community and Mr Agius noted some conflicting views “We need to be clear and informed amongst community members, with industry sectors. Ms Lester stated in an independent so that our rights and our land are some believing that the nuclear fuel submission to the Commissioner how A decision in favour of such activity protected. More information sessions cycle has “all been talked about in the she is now facing the same concerns will potentially affect all South Australians are needed and it is not good enough past and there won’t be any more for people and their land, as and above all, Aboriginal communities to present this to the community and nuclear”. On the other hand, there are her family has voiced for generations. who live on the land in which the nuclear then have a final report by next year, those who sense that “decisions had facilities may be placed. it is simply not long enough,” he said. already been made to proceed with a Continued on page 3

Inside: Recognising the first Australians in our constitution 2 A bright year for NAIDOC in SA 6 The ALRC Native Title Act recommendations released 11 A move closer to recognising the first Australians in our constitution

The Prime Minister and Opposition say and for all significant points of the Prime Minister and myself, came treaty would act as a framework Leader met with Aboriginal and view to be considered; and away with a greater unity of purpose than through which Indigenous peoples Torres Strait Islander leaders in early • The Parliamentary Joint Select I think this debate about constitutional could work towards reconciliation at a July to discuss the next steps needed Committee on Constitutional recognition has seen in a long time.” community and personal level and on to amend Australia’s Constitution to Recognition to develop a discussion equal grounds to the government. That is, recognise the first Australians and It was the first time in Australia’s history paper to assist this consultation. a treaty could promote some degree of delete racial bigotries. that the Prime Minister and Opposition self-determination. The Prime Minister and Leader of Leader convened a summit of Aboriginal Both leaders said they are committed the Opposition would receive regular This has caused some confusion as to holding a recognition referendum to and Torres Strait Islander leaders to reports from this Council and together change Australia’s founding document discuss constitutional recognition. some have argued that constitutional will consider its final recommendations and spent time with Indigenous leaders change will prevent future ratification of in developing a proposal to put to It is clear political and public support is to understand their views on how to an Indigenous and Torres Strait Islander/ the Parliament, and if supported, the growing for the significant amendment. secure a successful outcome. Commonwealth treaty. However, as Australian people. According to the Human Rights stated on the Recognise website “calls Tony Abbott said before we can put a Commission, events like the National Tanya Hosch, joint director of the for a treaty or treaties and constitutional vote to Australians there is still much Apology in 2008, the Australian work that needs to be done and timing Constitutional reform campaign recognition of Aboriginal and Torres Government support for the UN is crucial. RECOGNISE welcomed the recent work Strait Islander peoples are separate made by leaders. Declaration on the Rights of Indigenous aspirations and they can co-exist. Many “Based on today’s discussions, we Peoples, the recognition of first peoples “It’s encouraging to see this commitment Aboriginal and Torres Strait Islander consider that the referendum could in several State Constitutions and the from the nation’s political and Aboriginal people support both. not be held before the next term of launch of the RECOGNISE Campaign and Torres Strait Islander leaders to Parliament and should be outside the Acclaimed Aboriginal academic, writer press on with the significant task of in 2012, has shown how people are politics of the election cycle. and barrister Larissa Behrendt writes: settling on a final model,” Ms Hosch said. standing up for Aboriginal and Torres “The arguments that constitutional Before then, there should be a more Strait Islander peoples. intense and structured broad-based Aboriginal leader Patrick Dodson told the recognition will impact on the sovereignty national conversation on what indigenous ABC that the meeting was constructive. Moreover, polling has suggested of Aboriginal people or a treaty is not a majority of the public supports recognition can achieve and on the precise “It was a great occasion, a great event, legally correct. There is nothing so constitutional recognition. The form that it could take,” said Mr Abbott. a historic event and terribly meaningful, far proposed as part of the current Recognise Campaign has close to Key developments towards constitutional I think, in the context of what we’re trying constitutional reform agenda that would change include: to do around a very complicated matter,” 300,000 supporters, including high- take away or undermine the ability for he said. profilers , Gail Kelly, Aboriginal and Torres Strait Islander • A Referendum Council to be Former CEO of Westpac, Noel Pearson people to enter into a treaty… A treaty established to progress issues such Opposition Leader, Bill Shorten said and Prof Mick Dodson have all spoken out and constitutional reform are not an as settling the referendum question spending time with Aboriginal leaders about the need for constitutional reforms. and timing (with regular reports to the has helped advance the cause. either/or. We actually need both.” Prime Minister and Opposition Leader); “There’s been a lot of work done before An alternative (or compliment) to The journey to recognition will continue • A series of community conferences today, and there’ll be a lot of work constitutional recognition may come in to gain momentum as Aboriginal leaders across the country to provide an done after today, but I can assure all the former of a treaty. Patrick Dodson across Australia work on a unified opportunity for everyone to have a Australians, that the Indigenous leaders, and Lisa Strelein have argued that a approach to positive change. Indigenous culture in education – symposium looks at the recognition it deserves

As the debate continues about ideas of ‘best practice’, the contributions • Professor Peter Buckskin, curriculum, pedagogy, administration and Constitutional recognition for the of non-Indigenous teaching staff, and the Dean of Indigenous Scholarship, schooling environment,” Prof Smith says. first Australians, the University of ways in which students can best learn Engagement and Research, UniSA. Conference co-Chair, Assoc Prof Andrew South Australia is leading a national about Indigenous culture. With a background in higher education, Gunstone from UniSA’s discussion on the best ways to Keynote speakers include: cultural and policy studies and in forging College of Indigenous Education and include Indigenous knowledge the foundation of Maori Education Research (DUCIER) says the Symposium will and content in curriculum. • distinguished Professor Graham Studies in New Zealand universities, address critical issues regarding Indigenous Scholars from across Australia and Hingangaroa Smith, Chief Executive Prof Smith says the symposium offers knowledges and the development of New Zealand will join the conversation Officer of Te Whare aW nanga a great opportunity for professionals, Indigenous content in universities. at the Indigenous Content in Education o Awanuiarangi, New Zealand’s policymakers and community leaders “The symposium will draw on the Symposium, at UniSA in on Maori tertiary education provider; to learn from the success of others. research and experience of Indigenous Monday 21 September. • Professor Jacinta Elston, “We need to develop ways for Indigenous scholars from Australian and beyond, Academics, teachers, students and Associate Dean Indigenous Health, people to see themselves and their opening up new ideas and new goals community representatives will explore James Cook University; and culture reflected back to them in the for teaching Indigenous content.”

When: Monday 21 September 2015, Themes: What is ‘best practice’ when engaging Indigenous perspectives, knowledges and pedagogies in curriculum? 9m-5pm. What contributions can non-Indigenous staff make to Indigenous content in education? What are the issues for different disciplines, such as STEM, health, business and humanities? Where: Hawke Building, City West How do students learn best about , communities and organisations? campus, University of South Australia, How do we prepare our students to be inter-culturally competent professionals? 57 North Terrace, Adelaide 5000 How is institutional readiness created for Indigenous content in the curriculum?

Website: unisa.edu.au/IT-Engineering-and-the-Environment/student-services/Community-Service-Learning-Project/ICES/indigenous-content-in-education-symposium/

2 Aboriginal Way, Spring 2015 A long way to go in nuclear debate, says Aboriginal Congress of SA

Continued from page 1 and get things happening, so that we are not left behind,” he said. “This very debate is not my debate but a generational debate that my Former Governor Kevin Scarce is the Grandparents spoke so strongly against appointed Royal Commissioner. The and my parents spoke so strongly Commissioner attended the Congress against. Now, I am speaking up strongly meeting in order to provide relevant about how such an industry has impacted information and answer questions. on my people. For decades, Anangu The Commissioner said “it is important have been at the blunt end of such a all Aboriginal communities across the destructive and dangerous industry, State are well informed and that is why through the Maralinga Atomic Tests in we are travelling remotely to have the 1950’s, to the Federal Governments those discussions”. proposal for a National Waste Dump (1996) and back again to now the South “I’m learning much from these community Australian Government calling for a Royal meetings and the public forums, and Commission into the Nuclear Fuel Cycle. I am going to continue to consult with stakeholders across the breadth of South Australia has a nuclear past South Australia to ensure the final that cannot be ignored, Anangu who report I present at the conclusion of have been impacted by this nuclear the Royal Commission is reflective of past cannot be ignored and all South the views of the community and is Australians cannot be ignored. So, founded on evidence-based conclusions,” as a young Anangu woman I stand said the Commissioner. strong for my people and for the future generations of all South Australian Premier Jay Weatherill said more than Anangu and Piyan and say NO NUCLEAR 1000 submissions were received from SA,” said Ms Lester. the community and industry during the initial four weeks of consultation, helping Vincent Branson Aboriginal Congress to shape the final Terms of Reference. of SA member said how important it is to say no to a Nuclear Fuel Cycle. This is “a significant moment in our State’s history – the commencement “I do not agree with Nuclear. I have a of the most thorough investigation into responsibility to my children and my the nuclear fuel cycle and its feasibility children’s children to say no to the idea. in South Australia,” he said. I would rather see our land protected The Commission, the first of its kind in than make money,” he said. Australia, is expected to have the final Mr Sansbury said the meeting was a report to the State Government by success and just the beginning of things May 2016. to come. A website for the Royal Commission “This fight will take time but as one has been established to provide unified voice, we can put our concerns relevant updates and information to forward. We need to continue to move the public www.nuclearrc.sa.gov.au

From top, left to right: Aboriginal Congress of SA; Andrew Starkey; Ian Crombie; Willie Edwards and Peter Munkari; Commissioner Kevin Scarce addressing Aboriginal Congress of SA; Doug Turner, Karina Lester and Larissa, Jeffrey Newchurch; Jeffrey Newchurch taking notes; Aboriginal Congress of SA Chair, Tauto Sansbury; Keith Thomas and Michelle Cioffi; Larissa Lester; Harry Dare, Keith Thomas and Stephen Atkinson.

Aboriginal Way, Spring 2015 3 Nationwide report on alcohol consumption in Indigenous communities tabled in Parliament

The report, ‘Alcohol, hurting people violence and disconnectedness from and increasing liquor licencing regimes – compulsory assessment, treatment and and harming communities’, was community and culture. potentially by a national adoption of the aftercare for people repeatedly taken into commissioned last year to look NSW risk-based fee system. protective custody for public intoxication. ‘When families remain connected, at alcohol-related violence across there is a greater understanding and Some submissions lamented cost-saving The committee heard the scheme the country. practise of respect (self, others and measures introduced in the 2014 federal criminalised public drunkenness – Federal Indigenous Affairs Minister community). Children are more likely to budget which have impacted adversely on against the recommendations of the Senator Nigel Scullion rejected have supportive environments; receive community health. Royal Commission into Aboriginal suggestions the review’s narrowed appropriate nurturing and are more likely Deaths in Custody, split up families, The former Deputy Chair of the National scope was an indication that the to engage with education system and the is not supported by evidence, is overly Indigenous Drug and Alcohol Committee government was discriminating against wider mainstream community.’ expensive and has not been evaluated (NIDAC), which was the leading voice in Indigenous Australians. for effectiveness. Similar submissions were made by the Indigenous alcohol and drug policy until ‘This is about poverty, not ethnicity. National Congress of Australia’s First its abolition in December 2014, noted that Last year, an Aboriginal woman died But I acknowledge that there have always Peoples and members of Western where previously organisations would go while taking part in the mandatory been and we have never really seen a Australian Network of Alcohol and to NIDAC for Aboriginal and Torres Strait rehabilitation program. break, particularly in reports of domestic other Drug Agencies. Islander cultural perspectives on alcohol At the time, Northern Territory Attorney- violence, defence injuries, alcohol, and drug issues, there was now no single The inquiry’s terms of references directed General John Elferink stated the deaths through alcohol... through cars... point of contact for advice. the committee to focus on: government was not obliged to make and violence.’ Relatedly, the inquiry heard that there the woman’s death public, and argued it • Patterns of supply of, and demand ‘We all know the terrible impact of alcohol is a catastrophic shortfall in requisite would accept the risk people could die in for, alcohol in different Aboriginal and on Indigenous communities, and it’s funding for the training and recruitment order to ‘protect the community’. Torres Strait Islander communities, important that we tackle this issue of Aboriginal and Torres Strait Islander age groups and genders; Evidence was also given as to the head-on.’ health workers. potential consequences of restricting • The social and economic determinants Dr Sharman Stone, chair of the The Healing Foundation, a national supply, from an increase in ‘sly grogging’ of harmful alcohol use across committee that conducted the inquiry, Aboriginal and Torres Strait Islander (or alcohol trafficking); the potential Aboriginal and Torres Strait Islander emphasised the government appreciated organisation with a focus on building for illicit drug use as substitution for communities; that problems with alcohol were not culturally strong, community-led healing alcohol; and ‘humbugging’ which, per uniform across Aboriginal and Torres • Trends and prevalence of alcohol- solutions, submitted that ‘there is a the Australian Crime Commission, Strait Islander communities. related harm, including alcohol-fuelled strong need within Australia to develop takes advantage of the Indigenous violence and impacts on newborns an appropriately trained and qualified moral economy: drinkers request family ‘We know that Aboriginal and Torres Strait eg foetal alcohol syndrome (FAS) Indigenous social and emotional well- members provide them with alcohol. Islander people are more likely to obtain and foetal alcohol spectrum being workforce,’ but that several work- from alcohol than non-Aboriginal and ‘There is an obligation within the family disorders (FASD); related issues impede the development Torres Strait Islander people. culture to provide it to each other. It is of such services. • Implications of FAS and FASD being a very fine line for individuals to walk in However, we are concerned that declared disabilities; These included a high risk of secondary that community’ (Stewart Naylor, Tennant Aboriginal and Torres Strait Islander trauma in the Indigenous social Creek Alcohol Reference Group). people who do consume alcohol drink • Best practice treatments and support and emotional wellbeing taskforce, at riskier levels which has a greater for minimising alcohol misuse and overreliance on non-Indigenous impact on their health.’ alcohol-related harm; ‘I think the time has professionals who may lack the requisite come when governments The deep impact that alcohol has on • Best practice strategies to minimise skills or experience to assist Indigenous communities, however, was commented alcohol misuse and alcohol-related people with trauma, and the inequitable should have the courage, on in the preface to the report. harm; and distribution of health and social and and the media should emotional wellbeing workers across ‘The committee found that impacts • Best practice identification to the country. have the courage, to of alcohol on children in communities include international and domestic represents a national tragedy as it is comparisons. Several suggestions were made as to recognise that alcohol manifested in children growing up with possible preventative strategies: Emphasis was placed on the need for is a lot more [of a] fathers, and increasingly mothers, who government to consult with Indigenous • An increase in the availability of sport serious product in our are incarcerated, as the children’s abuse communities in addressing alcohol issues, and recreational activities – in Ceduna, and neglects leads to the need for out society than cigarettes as well as to do so in a cultural way. the committee heard boredom of home care at record levels, missed contributes to young people drinking, and heroin or cocaine schooling and too often ultimately The committee also acknowledged especially in sporting off-seasons, become young alcohol addicts or the role that self-determination and and even ice, and be and a previous parliamentary report abusers or other illicit substances.’ community empowerment may play in noted the potential beneficial effects proactive about it – addressing issues. Prior to analysing alcohol itself and of engagement in sporting activities. do something about it.’ the effects that emanate from it, the Prominent amongst the recommendations • Greater education of young people committee explored the socio-economic was the introduction of a volumetric tax Also called for was a change of strategy as to the harmful effects of alcohol; factors which contribute to alcohol use. and national minimum price for alcohol, in how the government deals with FAS which was strongly supported by Dr John • A focus on early childhood develop and FASD. It noted that the level of a person’s Boffa, a medical officer with the Central programs, which was submitted by education, their employment and Catherine Crawford, a Western Australian Australian Aboriginal Congress. the People’s Alcohol Action Coalition employment opportunities and Children’s Court magistrate, stressed in to break the inter-generational cycle experience of racism all impacted the ‘If a volumetric tax could be achieved, her submission the link between failure to of disadvantages. likelihood of turning to alcohol. it is the gold standard and it should be diagnose FAS and FASD in youth and the done, but it has to be done in a way that • A transition to justice reinvestment potential for engagement in the criminal Majorly, it heard that a lack of connection implements a minimum price.’ strategies rather than punitive justice system. to culture and country can increase sentencing approaches. alcoholism. The Milliya Rumurra Aboriginal Further recommendations included ‘[It] causes injustice to the individual Corporation in Broome emphasised the that restrictions on the advertisement Participants were, in general, opposed young person and exposes the family and protective effect of functioning family of alcohol be strengthened to close to a potential expansion of the Northern community to a repetition of that unlawful connectedness, and its ability to limit a loophole permitting advertisement Territory’s Alcohol Mandatory Treatment behaviour and indeed, likely escalation of or prevent excessive alcohol use, family during a daytime live sporting event, program, which encompasses the offending, as the young person grows

4 Aboriginal Way, Spring 2015 physically, suffers secondary disabilities and those dealing with the young person elder and Aboriginal are unable to handle the behaviours.’ The committee recommended, campaigner recognised amongst other points, that Australian governments recognise FAS and FASD as a disability and provide greater with 2015 NAIDOC Lifetime support to affected individuals. Other areas of the inquiry called for Achievement Award greater research into patterns of alcohol supply and demand in Indigenous Even with 30 years’ activism under his communities (as there is little current belt, Mr Sansbury has remained vigilant data and that which exists is often in advocating for Aboriginal Rights. inconsistent), and considered best cultural In 2012, he lamented the failure of health and wellbeing Indigenous practices state and federal governments to fully in the US, Canada and New Zealand. implement the recommendations of the In general, it was stated that factors Royal Commission into Aboriginal Deaths improving the effectiveness of health in Custody, accusing them of lacking services in Aboriginal and Torres Strait political will to act. Islander communities included centralising Last year, he resoundingly criticised the primary health services in one location, Federal Government’s budget cuts to adopting a holistic approach taking into Indigenous Australians. account the cultural, social, emotional and economic context of Indigenous “This is not such a tough budget for people, and involving community-based most, it’s quite soft really but it is tough public/population health activities. on the most vulnerable, those in need of welfare, the homeless as usual forgotten, Conversely, ineffective practices included it’s toughest on the most vulnerable short-term government funding/cessation Tauto Sansbury’s recognition has that affect our communities [and] we among Indigenous people. Why?” of funding for successful programs, health followed over three decades’ worth should ensure that governments hear care staff operating on assumptions of fighting for justice in Aboriginal us loudly and clearly before they He was similarly critical of the about Indigenous communities and communities. unilaterally take action in our so-called government’s overall approach to best interests,” he said. Aboriginal Affairs policy, suggesting its failing to recognise language differences Much of his work has concerned the and diversity, and government failure to work for the dole scheme was designed improvement of conditions of Indigenous More recently, Mr Sansbury has address power inequalities and expecting to ensure a cheap supply of labour. Australians in the criminal justice system, worked as the proprietor of Garridja, Indigenous services adopt western stemming from his involvement in a consultancy agency that helps raise “This is nothing but an outrageous land administrative strategies. the Royal Commission into Aboriginal business’s Indigenous cultural awareness grab and obscene discriminatory policy The Abbott Government has recently Deaths in Custody. funding youth cultural programs in the that as usual is being only implemented against one people without even the established a taskforce into the drug ice, Reflecting on the Commission in Yorke and Eyre Peninsulas. a decision questioned by former Victorian guise of consultation or negotiation,” 1999, Mr Sansbury noted the connection Born and raised on the York Peninsula’s Premier Jeff Kennett and the President he said. between the inequalities in Aboriginal Point Pearce Mission in 1949, of the Australia Drug Law Reform communities and their sense of Mr Sansbury has admitted that his “It is part of an ongoing attack against Foundation, Dr Alex Wodak. powerlessness. journey through life has been hard. the human rights of the most vulnerable of our First Nations. ‘It’s hard not to take the view that “The issues of self-determination (or In an online article published on The [Mr Abbott] is a politician desperately the lack of self-determination), land, Stringer, he discussed the pain he And who is leading this? Andrew Forrest? fighting for his political survival, whose and socio-economic disadvantage are felt from state suppression of his Or Tony Abbott? thought bubble for the day is, “look over the vital underlying causes of so many Narungga culture. They are looking for the cheapest labour here at this shiny thing I’ve just done”,’ of the inequalities faced by Aboriginal force they can establish on the backs of Dr Wodak told The Age. people, inequalities in health, education, Being born in Point Pearce you were our people,” said Mr Sansbury. over-representation at all stages of the not allowed to speak your native tongue Similarly, Mr Kennett, while emphasising justice system, and ultimately, too many or practise your culture, customs Mr Sansbury’s NAIDOC Lifetime he was not opposed to the ice people dying, and dying too young,” he or tradition. Achievement Award is but one of taskforce, stated he viewed alcohol said in a paper presented at the Best several state and national recognitions as a greater concern. The church didn’t allow that and neither Practice Interventions in Corrections for he has received. did the missionaries. ‘I think the time has come when Indigenous People Conference. In 2014, he was awarded the SA NAIDOC governments should have the courage, “[I]f this is the price of colonisation then Mr Sansbury later led the National and Male Elder of the Year Award, having and the media should have the courage, I, along with my family – my uncles, South Australian Aboriginal Justice previously been awarded the 2003 to recognise that alcohol is a lot more aunties, cousins and many thousands of Advisory Committees in implementing the Australian Centenary Medal in recognition [of a] serious product in our society than Aboriginal people from across Australia – Royal Commission’s recommendations. of his work with the Aboriginal Justice cigarettes and heroin or cocaine and have paid a price that is far too high and Advocacy Committees. even ice, and be proactive about it – Tom Calma, then-Aboriginal and can never be paid back to use. do something about it.’ Torres Strait Islander Social Justice Prior to that, he was awarded the “Don’t tell me it happened more than Commissioner, described in 2006 the Aboriginal and Torres Strait Islander Mr Kennett’s views are similar to 200 years ago, now get over it. It National Committee as fundamental Person of the Year Award at the 1996 those expressed by Senator Scullion happened to me and I live with the pain to Indigenous advocacy. NAIDOC Ceremony. in announcing the alcohol inquiry. to this day”, he said. “The role for NAJAC is to continue Besides running Garridja Aboriginal ‘Governments, at all levels, land councils Despite his hardships, Mr Sansbury has the voice of advocacy, and to reclaim Cultural Consultancy, Mr Sansbury serves and community leaders must unite in the debate on these important issues remained committed to the pursuit as a Delegate to the National Congress battling this epidemic, which is crippling [educating the public about customary of justice and closing the inequality of Australia’s First Peoples, Chair of far too many people in communities right law, addressing needs of Indigenous gap between Indigenous and non- Narungga Nation Aboriginal Corporation, across Australia or risk condemning victims of crime and addressing the Indigenous communities. Deputy Chair of the Aboriginal Legal those communities to a life of alcohol- health and mental health of Indigenous ‘It’s a passion for me. It doesn’t pay much Rights Movement, Chair of Aboriginal fuelled poverty.’ Australians. and sometimes it doesn’t pay anything, Congress and a Board member of For more information on the “We have the authority, the knowledge but I continue to do it because I want to Tauondi College and the Aboriginal committee’s report, visit aph.gov.au and the right to be the voice on matters achieve something,’ he said. Sobriety Group.

Aboriginal Way, Spring 2015 5 A bright year for NAIDOC in SA

Ten Aboriginal and Torres Strait Islanders The 2015 National NAIDOC Award recipients are: • Artist of the Year – Daren Dunn, and a Caring for Country project were New South Wales • Lifetime Achievement Award – • Male Elder of the Year – recognised at the National NAIDOC Graham Taylor, Western Australia • Scholar of the Year – Awards Ceremony for their outstanding Tauto Sansbury, South Australia Michelle Deshong, Queensland contribution to their communities and • Caring for Country – Warddeken • Person of the Year – Rosalie Kunoth the nation. Caring for Country Project, • Apprentice of the Year – Monks, Northern Territory Northern Territory Ashley Farrall, Queensland The national awards night as part of 2015 NAIDOC Week was hosted in • Female Elder of the Year – Veronica • Youth of the Year– Chris Tamwoy, • Sportsperson of the Year – Adelaide by the NAIDOC committee of Perrule Dobson, Northern Territory Queensland Ryan Morich, Western Australia South Australian and the people.

The Youth of the Year Award went to It was yet another successful year for The NAIDOC March down King William, with over a thousand people rallying for the Chris Tamwoy from far North Queensland. support and recognition of indigenous issues. The passion and enthusiasm displayed was example of how people will continue to use this week to raise awareness on current struggles and at the same time rejoice in the accomplishments of individuals Congratulations to all award recipients and to celebrate culture, history and strong community. for their outstanding achievements.

From top, left to right: NAIDOC Family Fun day at Bonython Park; Frank Lampard outside Parliament house; Singer Songwriter, Bec Gollan; Youth holding Aboriginal Flag outside Parliament house; Les Malezer and Kirstie Parker; Stolen Generation Alliance Banner.

6 Aboriginal Way, Spring 2015 Improvement to Indigenous land use administration still on agenda

The Council of Australian While welcoming the Government’s By requiring the engagement of native Despite having occurred a decade ago, Governments (COAG) last year appointment of an Expert Group to title holders, native title rights ensure the episode remains fresh in many minds: announced it would conduct an ensure the investigation proceeds with development occurs in ways that ‘What the Minister [Nigel Scullion] ‘urgent investigation’ into Indigenous Indigenous input, they remained enhance the quality of life for Indigenous land use administration, with the aim suspicious as to government ambitions. Australians.’ has been trying but failing to do is to of improving economic opportunities hollow out our land rights with the help ‘We hope the indigenous working group ‘Native title should not be seen as a for Indigenous Australians. of Howard-era provisions in our Land announced will challenge the myths being barrier to development, but essential to it.’ Rights Act that are ideologically driven, In a recent press release, COAG peddled by the NT Country Liberal Party ‘Indigenous Australians should be able unworkable and would greatly increase emphasised that reform to the existing ideologues about hard-won Aboriginal to use their exclusive native title to uncertainty for Traditional Owners, third native title scheme is necessary so as to land rights supposedly holding up attract capital necessary for economic parties and businesses,’ said the NLC produce social and economic benefits for development in remote communities. development. Indigenous Australians, notably: and SLC joint statement. We are certainly keen to work But banks do not lend against native title ‘[T]o enable traditional owners to readily constructively to develop solutions to because native title is not transferable in attract private sector investment and real barriers to economic development.’ ‘The problem with the event of a default. finance to develop their own land with The Expert Indigenous Working Group is government policy is new industries and businesses to provide Even though they have native title rights, comprised of eight people with significant that they are anxious jobs and economic advancement for Indigenous people cannot use them as experience in Aboriginal affairs: Indigenous people.’ financial security.’ about making the north • Mr Wayne Bergmann (Chair), former ‘The investigation is an opportunity to Noel Pearson has expressed his CEO of Kimberley Land Council and amenable to industry, focus all governments’ attention on how reservation as to what will result current CEO of Kimberley Region but they pay little Indigenous land administrative systems from changes to native title as part Economic Development Enterprises and processes can effectively support of the Government’s focus on the attention to making Indigenous land owners to leverage their • Mr Brian Wyatt (Deputy Chair), former Northern Territory. land assets for economic development.’ CEO of Goldfields Land and Sea the north amenable Council and current Chair of the ‘The concern is that we shouldn’t use Nigel Scullion, the Federal Minister to self-development by National Native Title Council the development of the north as a Trojan for Aboriginal Affairs, reiterated the Horse for undermining the Mabo decision Aboriginal communities connection between land and creating • Dr Valerie Cooms, member of the and Indigenous land rights.’ opportunity for Indigenous communities. National Native Title Tribunal and and Aboriginal land former Director of Indigenous ‘The problem with government policy “Indigenous land and native title is a owners.’ Business Australia is that they are anxious about making foundation for Indigenous economic the north amenable to industry, but Yet there is support in the community for development. • Mr Craig Cromelin, current Chair of they pay little attention to making the a moderate, non-ideological shake-up of the NSW Aboriginal Land Council north amenable to self-development by This investigation will consider what native title. action is needed to ensure the land • Ms Shirley McPherson, former Chair Aboriginal communities and Aboriginal administration system assists Indigenous of the Indigenous Land Corporation land owners.’ Noel Pearson has called for tax land owners and native title holders to incentives to encourage investment in • Mr Maluwap Nona, the Torres Strait This is not the first time the Liberal use land to pursue their social, cultural Indigenous communities. Regional Authority Board Member Party has attracted controversy for its and economic aspirations,” he said. from Badu Island interactions with the Native Title Act, I really don’t think that we’re going to having previously tried to force through get the kind of investment that is needed • Mr Murrandoo Yanner, former a radical shake-up of the regime under ‘There is no time for on Indigenous land if we don’t grab the ATSIC Board member and Chair of John Howard. us to move slowly. Carpentaria Land Council issue of taxation incentives for investors There, the Howard Government proposed who want to work with Indigenous Aboriginal culture • Mr Dwaja Yunupingu, Deputy Chair a series of Indigenous Land Tenure landowners, “ he said. cannot survive without of Gumatj Corporation. Principles, which recognised the Wider reform has been called for by Mr Bergmann called for a re-think of communal nature of native title and the an economy to support Aboriginal and Torres Strait Islander native title rights in 2012, stressing the need to protect it for future generations, Social Justice Commissioner Mick Gooda. it. And to build a viable creation of a functioning Indigenous whilst also facilitating Indigenous economic aspirations. indigenous economy, economic was necessary for Aboriginal Amongst other areas, Gooda has we must be allowed and Torres Strait Islander survival: To achieve these ends, it adopted a harsh suggested a system be devised where to control our land and ‘There is no time for us to move slowly. approach to Indigenous self-determination. the underlying customary title to land Aboriginal culture cannot survive without be retained yet a degree of fungibility The principles set out that traditional sea country and to an economy to support it. And to build emerge, allowing use of native title owners’ consent for individual leasehold a viable indigenous economy, we must use the leverage it interest requests on native title land land as security for loans. be allowed to control our land and sea ‘should not be unreasonably withheld’, Moreover, he has expressed the view gives us to build an country and to use the leverage it gives and that the Government should be us to build an economic foundation for that there needs be more engagement economic foundation prepared, as a last resort, to exercise its our future.’ with business organisations such as the power of compulsory acquisition to give for our future.’ Indigenous Business Association, so Some insight as to what the Abbott effect to its policies. as to develop financing, risk However, criticism has already emerged Government wishes to accomplish may Moreover, the principles stated Australian management and other commercial as to the Federal Government’s approach. be garnered from its White Paper on governments ‘should review and, as plans, as well as improve Indigenous Developing Northern Australia. Central Land Council Director David Ross necessary, redesign their existing peoples’ governance training. and Northern Land Council CEO Joe The Paper notes generally – without Aboriginal land rights policies and Morrison said in a joint statement. specific reference to native title – that ‘[t]he legislation to give effect’ to the principles. The report of the investigation will be north will never reach its potential without presented to COAG at the late 2015 ‘For the sake of the most disadvantaged The Howard Government was resoundingly secure, tradeable titles to land water’. meeting, having been pushed back indigenous Australians we call on the criticised at the time by then-Social Justice from earlier in the year. Abbott government to rise above its Importantly, ‘[n]ative title should be Commissioner Tom Calma and in academia demonstrated dislike of evidence based seen as a source of Indigenous for adopting a purely ideological approach For more information, visit: policy development’. economic opportunity. to native title rights to self-determination. www.dpmc.gov.au/indigenous-affairs

Aboriginal Way, Spring 2015 7 Left: Project participants at Gawler Ranges National Park. Centre: Gawler Ranges National Park. Right: Jimmy Gebb. Living with Native Title – Community and Corporate Development Services

The Community and Corporate Our overarching objective is for Aboriginal • Executive management services • Organisational development Development Team at SANTS offer Nations to be sustainable, and manage such as: • Economic and enterprise development a range of services to build on the their rights and interests and achieve – meeting coordination recognition of native title. This their aspirations on their terms. – preparation meeting papers • Benefit management work complements other work with – Board and community Native Title Services native title claimants and holders, Our Services communications Managing native title requires that to support Aboriginal Nations in SANTS offer the following range – records management – compliance (e.g., ORIC reporting, Aboriginal Nations continue to negotiate managing and living with native title of professional services to support to achieve group aspirations and membership registers) with other parties, make decisions in Aboriginal Nations manage and protect lasting outcomes for their members. – general administration particular ways and satisfy existing native title and identify and pursue agreement obligations and other legislative opportunities for social, cultural and • Financial management including Living with Native Title requirements. SANTS offer services to economic development. accounts payable, book-keeping Aboriginal Nations on native title matters In South Australia, native title has been and accounting successfully determined over large parts Corporate Governance which include: of the State and native title corporations • Human Resource management Governance of PBCs is complicated • Legal advice and representation or Prescribed Body Corporates (PBCs) including recruitment, contracts with unique requirements under the now hold and manage the determined and policy/compliance • Legal education/training on native Corporations (Aboriginal Torres Strait native title rights and interests. title matters Islander) Act 2006 (cth) and the Native Community Development • Negotiations, agreement making Thus for many Aboriginal Nations, the Title Act 1993 (cth). These services Native title can provide a foundation and agreement implementation native title journey has shifted from the support Aboriginal Nations to understand to support and drive positive change. struggle to get native title to living with the governance framework and develop SANTS offers services to provide support • Filing and prosecution of native title. SANTS expect that this internal tools and practices to govern to Aboriginal Nations to identify and compensation claims trend will continue. effectively. Services include: develop community-based initiatives • Making native title decisions which include: Obtaining recognition of native title • Corporate governance training • Structuring and establishing native presents new and exciting opportunities, • Corporate and community planning • Corporate policy development title and related entities including but also presents challenges. and implementation PBCs, trusts and business arms The work of our Community and • Corporate leadership and strategy • Grant writing To discuss these services or other Corporate Development Team is development • Marketing and communications areas of SANTS business, please focussed on supporting Aboriginal • Advice on legislative requirements contact: Manager, Corporate and Nations transition from native title • Project development, coordination including reporting, decision-making Community Development claimants to native title holders. and management (including in and rule-book Level 4, 345 King William Street cultural heritage and natural We take a developmental approach to ADELAIDE SA 5000 Corporate Administration resource management) our services, and seek to partner with Tel: (08) 8110 2800 or freecall respective PBCs and tailor our services Administrative services to Aboriginal • Partnering, networking and 1800 643 222 Fax: (08) 8110 2811 and approach to meet their interests. Nations including: stakeholder relations Email: [email protected]

8 Aboriginal Way, Spring 2015 New governance training for Native Title Directors

A two-day governance training workshop for Directors and Members of Native Title Corporations (PBCs) was hosted by South Australian Native Title Services (SANTS), in Adelaide, last month.

The training was attended by Directors and Members of Yankunytjatjara Native Title Aboriginal Corporation, De Rose Hill Ilpalka Aboriginal CorporationTjayiwara Unmuru Aboriginal Corporation Irrwanyere Aboriginal Corporation Walka and Wani Aboriginal Corporation.

The training topics included rules and regulations of PBCs, responsibilities of Directors and how to make good financial decisions.

South Australian Native Title Services CEO Keith Thomas said “as more native title claims are determined, it is important for those managing their native title rights and interests have the necessary skills to achieve their long- term goals.”

This is a much needed step for SANTS and for native title holders and we aim to provide more training opportunities like this,” he said.

Paul Ah Chee attended the training said basic business skills is crucial for those responsible for managing native title.

“There is a lot of work and negotiation that goes with being a native title holder. We need to have the basic skills behind us. It gives us control to make good decisions and determine our future,” said Mr Ah Chee.

From top, left to right: Noreen Churchill receiving training certificate from SANTS CEO, Keith Thomas; Raymond Finn receiving training certificate from SANTS CEO, Keith Thomas; Rene Sundown, Stewart, Brenda Sheilds and Audrey Braedon; Rex Tjami receiving training certificate from SANTS CEO, Keith Thomas; Sharon Stewart and Maria Stewart; David Frank; Paul Ah Chee receiving training certificate from SANTS CEO, Keith Thomas; Arthur Ah Chee and family; Noreen Churchill and Eva Churchill; Rex Tjami and family; Rene Sundown, Tom Jenkin, David Frank and Michael Pagsanjan; governance training participants.

Aboriginal Way, Spring 2015 9 A cultural practice brings people together

The Southern Elders Weaving Group is extremely valuable and only used for held a basket weaving workshop at special items for people. North Adelaide Community centre “Once we started going to schools and as part of Reconciliation Week. became well known in the community, Ngarrindjeri Elder, Aunty Janice Rigney it was easier to use a reed called raffia. and her daughter Lorna Collinson, Because of the changing environment around the rivers and wetlands, the run basket weaving workshops in rushes are very rare and precious. schools and community events across When we do get rushes, it is for us to South Australia, in particular, around use,” she said. their country in the south east of South Australia. Workshop participant, Pam said the basket weaving was a fantastic way to Ms Rigney learnt to weave from her spend an afternoon. Grandmother when she was 9 years old and keeps traditional Ngarrindjeri basket “It’s about sharing and learning,” weaving alive by sharing her knowledge she said. with others. Ms Rigney said the range of people we teach ties into the theme of Ms Rigney said the group gets around reconciliation. a lot, as people are always interested in learning the distinct skill. “We teach a lot of different people, which means a great environment to tell “We are invited to different events often. stories. We had a group of Japanese I like to support my community and do people at a workshop recently and one a lot of weaving demonstrations down week it felt like an American week with south. We go to schools and teach the lots of American tourists, so there a kids. We are very busy and it’s great lot of international people who come that people are keen to have a go, it’s a along as well.“ special practice,” she said. The group was recently asked to host Traditionally, a reed called rushes a basket weaving party. Although never (Cyperus spp.) is used to basket weave. done before, Ms Collinson said they were Mr Rigney keeps beautiful bright coloured happy to give it a go. baskets made over 20 years ago from “It’ll be like a Tupperware party, and I am rushes as demonstration pieces. sure her friends will be very impressed,” she said. Ms Collinson said the depletion of basket weaving rushes from the River Murray The group held workshops at the and Coorong region has meant the reed Museum during NAIDOC week.

From top, left to right: Janice Rigney basket weaving; student participants; Lorna Collinson; Pam and Janice Rigney; workshop participants; Southern Elders Weaving Group baskets.

Future Acts and Indigenous Land Use Agreements e What is a future act? acts are invalid (do not extinguish native construction of a public work or erection The parties may request the National title) unless otherwise stated by the Act. of public housing. Native Title Tribunal mediate negotiations A future act is any activity that occurs Where a future act is proposed, generally and, if no agreement is reached within on Crown land after the Native Title Act The right to negotiate is triggered when the native title group holds a statutory six months, request the Tribunal arbitrate 1993 (Cth) came into operation (1 January the government or a developer issues procedural right to negotiate with the the proceedings. a notice intending to do a future act 1994). For example, this may be the grant other party. This is to give the native giving rise to the right to negotiate. If the The concept behind future acts is that of a mining tenement or the compulsory title group the ability to have their say right exists, both parties must negotiate acts affecting native title should only be acquisition of land. in the future act. However, the right to negotiate does not always exist. For honestly, on issues such as the effects of valid after every reasonable effort has The Native Title Act 1993 (Cth) ss 24AA(2) example, there is no right to negotiate proposed development on existing native been made to secure the agreement of and 24OA expressly states that future where the government’s future act is the title rights and interests. native title holders.

10 Aboriginal Way, Spring 2015 The Australian Law Reform Commission (ALRC) Native Title Act recommendations released

(ALRC) has recently released its native title can and should deliver to • Means of improving native title Potentially accompanying any reform final report into the Native Title overcoming disadvantage.’ dispute resolution to the Native Title Act is a liberalisation Act’s provisions for establishing of native title property rights. The ALRC discussed two main sources The ALRC has advised that the Act should native title and authorising native of the Act’s difficulties. be amended to clarify that traditional Speaking at the Australian Human title claims. laws and customs may adapt, evolve or Rights Commission Indigenous Leaders First, the ALRC noted that the Act’s The report, Connection to Country: otherwise develop. It notes this reflects requirement that claimants establish Roundtable on Property Rights, the Review of the Native Title Act 1993 (Cth) the High Court’s interpretation of native that native title rights and interests Attorney-General, George Brandis is the first major report into the operative title, including that: were possessed under traditional QC assured attendees of the Federal requirements of the Act since it was laws and customs from before • ‘Of course in time the laws and Government’s position on native title. introduced in 1993. European sovereignty carries a severe customs of any people will change ‘[The Federal Government] is committed Announcing the Inquiry in 2013, then evidential burden. and the rights and interests of the to helping Indigenous Australians Attorney-General Mark Dreyfus QC stated members of the people among Second, the ALRC noted that the exercise their property rights over land ‘[t]he time has come to consider how to themselves will change too’ (Mabo evidentiary requirements are amplified where native title has been claimed or improve native title and encourage faster, (No 2) per Justice Brennan) by the Act’s non-recognition that determined’, ‘by removing unnecessary simpler resolution of native title law and traditional laws and customs may regulatory or legal burdens without encourage faster, simple resolution of • ‘An indigenous society cannot ... ‘adapt, evolve and develop’, calling compromising the protection of the native title claims for all parties.’ surrender its rights by modifying instead for a more flexible approach its way of life’ (Mabo (No 2) per inherent legal rights of Aboriginal or Later in 2013, Jenny Macklin, then that reflects anthropological consensus Justice Toohey) Torres Strait Islander peoples.’ Minister for Indigenous Affairs, claimed on cultural change. This call for a re-think in the operation of the Inquiry was necessary to ensure ‘an • ‘[Non-discrimination requires] a While the Commission acknowledged native title itself was mirrored during the effective and efficient native title system recognition that the culture and the post-2011 spike in consent AIATSIS National Native Title Conference that delivers for Indigenous people’, which laws of indigenous peoples adapt to determinations, it did not view this in June by Mick Gooda. is ‘fundamental to closing the gap’. modern ways of life and evolve in the as evidence that the Act’s scheme is manner that the cultures and laws of ‘I have heard many stories from The Inquiry analysed evidence from 162 working effectively. It suggested that the all societies do. They do this lest being Aboriginal and Torres Strait Islander consultations, including governments, high number of consent determinations frozen and completely unchangeable, communities and Traditional Owners judges, Indigenous leaders and traditional may reflect decisions by claim groups to they are rendered irrelevant and about the many barriers they face in owners, Indigenous organisations engage in negotiations rather than risk consequently atrophy and disappear.’ reaching their potential benefits under (including NTRBs and PBCs), the National the Federal Court finding their title does (Yarmirr per Justice Kirby) Native Title Tribunal, industry and not exist or has been extinguished. land rights and native title. The ALRC recommendations also include anthropologists and academics. These things range from various legal and Coupled with the high-cost of native title changes to evidential requirements that administrative barriers that are placed on The ALRC has acknowledged that the litigation, AIATSIS, in its submission, traditional laws and customs have been us once a native title determination has current native title system is resource noted that ‘resource intensive challenges continued ‘substantially uninterrupted’ been made and includes various tax and intensive, the cost burden falling to native title claims are at times only since European sovereignty, and on governments, public institution, avoided by the applicant agreeing to recognition that rights and interest regulatory standards placed on Aboriginal industry, private persons and Torres enter an agreement with the [non- may be transferred or transmitted and Torres Strait Islander communities in traditional owners], whereby many of Strait Islander people. between Aboriginal or Torres Strait the post determination phase, conflicts the rights that could be gained from between individual and communal The burdensome procedure of native title Islander groups. a determination are abrogated’. property interests and issues arising has previously been criticised by Mick The report rejects calls for a presumption from the conversion of title. The report makes recommendations Gooda, the Aboriginal and Torres Strait that native title exists in a claim area, but in several areas: Islander Social Justice Commissioner. suggested the Native Title Act provide These barriers all prevent us from using our land to enter the economy from ‘The process of recognising native title • The Native Title Act’s definition of guidelines for where inferences can be itself has … been frustrating from the ‘traditional laws and customs’ drawn that native title exists. which we can see ourselves and our start for Aboriginal and Torres Strait community thrive. … • To the Act’s definition of claim groups’ In easing the authorisation process Islander peoples. While on the one hand, ‘connection with the land or waters’ for native title claim groups, the ALRC As Noel Pearson has recently said in it brings hope and expectation of the suggested traditional owners be allowed relation to this issue: “We’re moving from return of country, on the other hand it • Easing of proof requirements for to select whether a group is authorised a land rights claim phase to a land rights can also be a process fraught with establishing native title via a traditional decision-making use phase where people are grappling difficulties that opens up tensions • Altering the procedure for a process or another selected decision- with how we make our land contribute and wounds around connections to community to authorise a person or making process. to our development.”’ country, family histories and community group to bring forward a native relationships. These instances of “lateral The Act currently requires a traditional The report is available free-of- title claim violence” fragment our communities as decision-making process, and only charge as a download from the we navigate the native title system and • Simplifying and clarifying the ways allows another process where a ALRC website or for purchase in sadly diminish the unique opportunity people may join native title claims traditional process is not available. hard copy: alrc.gov.au ts explained What is an Indigenous Land right holders and the rights of other (available online). These include a Note that where the Commonwealth Use Agreement? land users. commitment not to propose the negotiates an ILUA, it will not recognise More specifically, ILUAs may include extinguishment of native title unless native title in the absence of a judicial Indigenous Land Use Agreements native title groups’ consent to future ‘absolutely necessary’, the ability to determination. (ILUAs) are voluntary agreements acts, extinguishment of native title, provide financial or non-financial benefits between governments or land users compensation, employment and to native title groups regardless of When registered, ILUAs bind all native title with the native title group about the use economic opportunities for native title whether native title has been determined, groups in the area, including those who and management of land and waters. groups, cultural heritage and mining. and a goal to benefit the whole native title were not already parties to the agreement. ILUAs may be broad in scope and When the Commonwealth government community (or particular sections, It validates any future act consented to in includes topics such as access to land, is a party to an ILUA, it is bound in eg children) rather than a limited number the agreement, and causes any surrender the relationship between native title negotiations by its ILUA Policy Principles of holders or claimants. consented to extinguish native title.

Aboriginal Way, Spring 2015 11 National Native Title Conference 2015 Leadership, legacy and opportunity

This year saw the greatest turnout The recognition of native title is vital to for the Annual National Native our identity and to our culture,” he said. Title Conference with over 700 This theme continued with presentations delegates gathered in tropical by the Minister for Indigenous far north Queensland. Affairs, Nigel Scullion, Human Rights Speaking at the opening, the Australian Commissioner, Mick Gooda and Institute of Aboriginal and Torres Strait Aboriginal Leader, Noel Pearson, Islander Studies (AIATSIS) Principal, addressing the future value of land Russell Taylor AM, acknowledged the rights and economic development. considerable effort it takes from all The conference was held on the parties to run such a unique event. traditional lands of the Kuku Yalanji people in Port Douglas. There were “I would like to thank our co-convenors, dance performances and presentations the Cape York Land Council, and by Kuku Yalanji people, showcasing the acknowledge the contribution of the strength of local culture. North Queensland Land Council and the Carpentaria Land Council, your The conference engages the law and staff and advice have been critical for social influences of native title as an us to organise this year’s Conference,” active agenda for justice for people Mr Taylor said. and country.

Cape York Land Council Chairperson, Keith Thomas, South Australian Native Title Services CEO said the Richie Ah Mat said in his opening remarks conference is a unique platform for to delegates, the goal of Native Title native title delegates. must be economic, social and cultural development. “The tireless work by Aboriginal and Torres Strait Islander people to secure “These days we spend together should their native title rights and interests is cement our realisation that the strongly showcased by this conference. challenge is to strengthen our native title It is also important for native title holders, rights, and pursue economic opportunity. claimants and those working in the sector Without those goals, it will be more to come together to discuss ideas and difficult to foster healthy communities reconnect on a national scale, and the and build futures for our children conference plays a decisive role in this,” that our elders would be proud of,” he said. Mr Ah Mat said. To watch presentations by keynote From top, left to right: Cultural Performance: Kuku Yalanji Dancers; Lockhart River Dancers, Torres “We have a right to development and speakers at this year’s Native Title Strait Islander Dancers, Wik Dancers, Kuku Yalanji Dancers; Federal Minister for Aboriginal Affairs and economic inclusion which would honour Conference and find out more Reconciliation Nigel Scullion; Clifford Woodford; Kirsty Burchill and Ivy Minniecon; Alex Vickery and Arthur Ah Chee; Kerrie Colbung, April Lawrie Smith, Lucy Evans, Nicole Clark, Alex Vickery and Emma Radulescu. the legacies of so many elders before us. information visit aiatsis.gov.au

12 Aboriginal Way, Spring 2015 ‘We will adapt, we will Supply Nation’s take advantage of these Indigenous Business opportunities and we will Direct goes live

Australia’s leading listing of make it easier for government to leave a great legacy.’ Indigenous businesses was recently contact Indigenous businesses about launched by Supply Nation, under procurement opportunities. Giving the 2015 Eddie Koiki Mabo the title Indigenous Business Direct. Lecture at the National Native Title Conference, Aboriginal and Indigenous Business Direct features Together with the Torres Strait Islander Social Justice a diverse range of Indigenous introduction of the Commissioner Mick Gooda spoke of businesses from across Australia. the native title system’s transitioning The directory includes two categories of Federal Government’s from land claims to land usage, and businesses. Firstly, ‘Certified Suppliers’ new Indigenous the need to use land to facilitate with 51% or more Indigenous ownership economic development. and ‘Registered Businesses’ with 50% or Procurement Policy, we ‘Realising these aspirations is key to more Indigenous ownership. anticipate Indigenous our economic development and Supply Nation is a Government prosperity as Aboriginal and Torres Business Direct will supported online network of Indigenous Strait Islander peoples where our land businesses. Supply Nation CEO Laura drive a significant is our greatest asset.’ Berry said it is great to see government growth in the Indigenous Referencing the Broome Roundtable support for a growing, heathy indigenous discussions earlier this year, Gooda business sector. business sector identified five key areas posing “This is an exciting step for Supply challenges and opportunities for Supply Nation was launched six years Nation and the Australian Indigenous Aboriginal and Torres Strait Islander ago to create more cultural diversity business sector.” communities in accomplishing in Australia in the corporate and economic development. “Indigenous Business Direct represents government sectors. a new, more inclusive approach to He noted difficulties arising from Ms Berry said “The Supply Nation Board facilitating the business opportunities government regulation and maintaining and I look forward to working with our offered to Indigenous businesses. customary law while maximising usability Together with the introduction of the partners, members and Indigenous of land. ‘Modernising’ native title land Federal Government’s new Indigenous businesses to continue to work towards may pose issues on how traditional Procurement Policy, we anticipate our vision of a vibrant, prosperous and owners make decisions, as well as how Indigenous Business Direct will drive sustainable Indigenous business sector.” benefits are shared and responsibilities Mick Gooda a significant growth in the Indigenous exercised. Correspondingly, government Minister Scullion urges all Indigenous to function as a means of raising business sector,” she said. regulation and taxation schemes may capital and improving economic businesses to register with Supply Nation. quash aspirations of communities eager The government’s new Indigenous development capacity. “It is streamlined, it is free and, to engage in economic development. Procurement Policy aims to drive Finally, Mr Gooda stressed that engagement by requiring businesses importantly, it is publicly available. Moreover, he stressed the need for ‘development’ is a multifaceted to set aside a small percentage of It will be great for engaging their Indigenous communities to better engage concept, including economic their operations to be engaged with business with the Commonwealth. with stakeholders such as the financial advancement, protection from an Indigenous supplier. And why wouldn’t you want to do services industry, Indigenous Business adverse impacts of development, business with an Indigenous organisation? Australia and the Aboriginal Land Council, Federal Minister for Aboriginal Affairs self-determination and control of natural There is a huge amount of talent and all of which may be able to assist with and Reconciliation, Nigel Scullion wealth and resources. Yet development great practice within the sector. It makes asset underwriting, insurance, risk welcomed the launch of the directory. management and exploring loan options. as a right is seldom thought of in relation great business sense,” he said. “It will be the first point of call for The Commissioner noted this also to Indigenous Australians, who, as Mr government procurement officers For more information or to involves presenting a strong business Gooda pointed out, ‘are not currently looking to fulfil their targets under register your business go to case, including communities’ desire to sharing in the developmental prosperity the new policy. The register will supplynation.org.au move away from welfare and charity. for which Australia is known.’

While praising customary governance In his concluding remarks, the practices, Mr Gooda suggested that Commissioner noted that adaption economic development requires is a core strength of Aboriginal and Second phase of the Aboriginal and Torres Strait Islander Torres Strait cultures, and thus did not communities to adjust their customs doubt their ability to overcome barriers to meet the expectations of non- to economic development: National Anti-Racism Indigenous laws and institutions. ‘Friends, we are the First Peoples of He criticised the current native title this country and we are the oldest living Strategy begins scheme as failing to provide training in culture in the world because of our ability areas such as advocacy, governance The Commission has announced “In supporting diversity and inclusion, to adapt to ever changing environments and risk management essential to the second phase of the National the Strategy will work closely with and circumstances.’ business engagement. Anti-Racism Strategy and the those in corporate Australia who are Racism. It Stops With Me campaign Welcoming the De Rose Hill decision ‘Twenty-three years after the Mabo embracing cultural diversity.” following the release of an evaluation as recognising compensation may be decision we are going through another and future directions report. paid for native title extinguishment post- adaption as we talk about how we can Westpac has been welcomed as a 1975 (when the Racial Discrimination Act start to enjoy the benefits that come “We have identified two themes that new supporter to Racism. It Stops With was enacted), he criticised successive from land ownership in the same way will define our work: supporting Me, and last week Twitter and NRL both Federal Governments for failing to that is open to all other Australians, diversity and inclusion, and combating renewed their support for the campaign. enact the Keating Government’s social without compromising our rights as prejudice and discrimination,” Race justice package. However, he raised Aboriginal and Torres Strait Islander Discrimination Commissioner Dr Tim Read the Evaluation Report the potential for compensation payments people,’ he said. Soutphommsane said. humanrights.gov.au

Aboriginal Way, Spring 2015 13 National Sorry Day

From top, left to right: Sorry Day stallholder; Michael Owens band; Alberton Primary School students at National Sorry Day at Tarndanyangga; Lynette Naylor; Mel Simpson and Linda Marie McDowel from EPA; Sharmaine Wilson and Jodie McRae from ALRM; Andrea Velardi, Shaeelagh Daniels-Mayes, Ken Mayes and Nina the RSB guide dog; Jodie McRae; Alberton Primary School students at National Sorry Day; Ursula Stevens and Leahna Vandenheuvel at the SA Native Title Services stall.

14 Aboriginal Way, Spring 2015 Our column in review features reviews and stories on Aboriginal writers, artists and musicians. We welcome your feedback and suggestions. So if you know of a new work about to published or an artist or musician please contact us on (08) 8110 2800. in review in Becoming Kirrali Lewis

From one of Australia’s leading Indigenous playwrights comes a stunning debut novel about belonging, race and identity – Becoming Kirrali Lewis by Jane Harrison.

Becoming Kirrali Lewis is a powerful coming-of-age novel of a young woman’s passage to adulthood and the search for a place to call home. Akin to ‘Looking for Alibrandi’, Becoming Kirrali Lewis has the potential to be a young adult best- seller and breaks new ground – offering a fresh and unique take on the national narrative.

Kirrali grew up in a white family in a country town and always knew she was adopted, but she never felt her skin colour stopped her from doing anything. Fiercely independent, smart and savvy, Kirrali embarks on a law degree at university in the city and feels like anything could be possible. But after a series of confronting events, Kirrili’s world is rocked to its foundations and she feels compelled to look for her Aboriginal biological family and find out who she really is. But what she finds is nothing like she expected. If only she could let go.

Set against the explosive cultural shifts of the 60s and 80s, the characters of Becoming Kirrali Lewis draw on a past marked by forced adoption practices, the black/white divide and the political machinations of the 1967 referendum and the Aboriginal Tent Embassy. A perfect choice for bookclubs, Becoming Kirrali Lewis will strike a chord with people who lived through the 60s and recall the momentous social pressures and events of the time.

Poignant, taut and revealing, Becoming Kirrali Lewis was the joint winner of the 2014 black&write kuril dhagun Indigenous Writing Fellowship and demonstrates Jane Harrison as a new voice to be reckoned with. Above all it is an Australian novel with heart – a moving, compelling and expertly crafted story of a From top, left to right: Vonda Last; Lynette Crocker; Jeannie Lehotscki and Marika Wanganeen; Opposition young woman’s search for self in a leader Steven Marshall, Roger Thomas and Khatija Thomas; Mandy Ahmat from Country Health with Christine Wilson. complex world. Don’t miss it.

Aboriginal Way, Spring 2015 15 Strong children, strong community  Are you passionate about the future of Aboriginal children and young people?  Are you supportive and SOUTH AUSTRALIAN understanding? NATIVE TITLE SERVICES  Do you want to help keep children and young people Level 4 safe in culture and 345 King William Street ADELAIDE SA 5000 community? If you answered “Yes”, then AFSS needs you! Editor AFSS is seeking foster carers in the Adelaide metropolitan Keith Thomas region. Caring people just like you, who want to play their part in keeping Aboriginal children and young people in their Communications Officer community, people who can provide a safe and loving home. Kaliah Alice Fostering could be the greatest challenge you’ll ever undertake,but the rewards can be many. Advertising Enquiries (08) 8110 2800 And AFSS is here to help you every step of the way. The team at AFSS will stand with you, to guide you through the

Circulation registration process, and support you once you become a 10,000 foster carer. Why not find out more?  Call us on 8205 1500  Arrange to drop in for a cuppa and chat at our office  Visit the AFSS website, www.afss.com.au

Aboriginal Family Support Services 134 Waymouth Street, Adelaide SA 5000 If you have any stories of interest to our readers, Stand with us – become a carer please address any correspondence to: [email protected] Stay in touch

Name: ______Aboriginal Way South Australian Address: ______Native Title Services Level 4 ______Postcode: ______345 King William Street ADELAIDE SA 5000 Phone: ______Email: ______Ph: 8110 2800 Fax: 8110 2811 DX no: ______No of copies: ______FREECALL: 1800 010 360

Is this an alteration to our current records? Yes No The Editor has the final decision on all stories and Would you like to be added to the mailing list? Yes No advertising that appear in Would you like to be sent regular information about SANTS? Yes No ISSUE 60 this publication.

16 Aboriginal Way, Spring 2015