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Coatsworth, Warren; van Gelder, Vivian; Heraghty, Ben --- "Recent Happenings" [1999] IndigLawB 29; (1999) 4(19) Indigenous Law Bulletin 23


Recent Happenings

Compiled by: Warren Coatsworth, Vivian van Gelder and Ben Heraghty.

19 December

Responsibility for the Aboriginal anc Torres Strait Islander Heritage Protection Act 1984 (Cth) was transferred from the Minister for Aboriginal Affairs (ie from ATSIC) to the Minister for the Environment (Australian Heritage Commission within Environment Australia). ATSIC will now play an advocacy role for those wishing to make applications for protection under the Act.

7 January

The South Australian Government announced that it would establish a council of Aboriginal elders to provide direct advice to the Minister for Aboriginal Affairs.

January 14

An Australian Institute of Health and Welfare report was released showing that the death rate for Aboriginal infants under one year of age is three times the rate among non-Indigenous infants. Low birth weight, foetal malnutrition, slow foetal growth and maternal complications with pregnancy are among the leading causes of Indigenous infant death.

26 January

Lowitja O'Donoghue was awarded the Order of Australia for her long service in the areas of human rights and social justice. A former chairperson of ATSIC, Ms O'Donoghue's previous honours include being named Australian of the Year and an Australian National Living Treasure.

26 January

The Yorta Yorta people lodged their appeal against the recent Federal Court ruling that the 'tide of history' had swept away their native title rights. It is expected that the Yorta Yorta will argue that justice Olney placed insufficient weight on Indigenous historical evidence and failed to allow for the modification of Aboriginal cultural practices.

26 January

A group of 57 prominent Aboriginal leaders combined to call for a treaty of reconciliation within two years. The call appeared in an advertisement in national newspapers on January 26, a day marked by mourning ceremonies to commemorate 'Invasion Day'.

6 February

At the launch of the New South Wales Government's Aboriginal Affairs policy, Deputy Premier Andrew Refshauge pledged to increase the number of Aboriginal nurses and teachers in the State as part of its continuing commitment to the reconciliation process. The NSW election was due to be held on 27 March.

7 February

Government sources announced that voters at the November referendum on a republic would also be asked to vote on the issue of a new preamble to the Constitution recognising Australia's Aboriginal history. While the Prime Minister, Mr Howard, supported recognition of prior Aboriginal occupancy, Aboriginal leaders and their supporters suggested it would be more appropriate to recognise prior and continuing Aboriginal rights over land.

8 February

In its submission to the Senate tax inquiry, ATSIC predicted that a goods and services tax would add to Aboriginal disadvantage by driving up food costs in remote areas. The submission pointed out that people in remote areas already pay up to twice as much for food and necessities than city people.

8 February

Members of the Aboriginal Tent Embassy in Canberra set up camp on the lawns of new Parliament House after reports of proposed legislation to remove the embassy from its 27 year old site at old Parliament House. The protesters demanded land rights, an apology for the stolen generations, and a meeting with the Prime Minister. The following week, police arrested two protesters, twice doused a ceremonial fire at the camp and confiscated 211 ceremonial spears marking 211 years of white rule in Australia.

11 February

After two years of talks, the Northern Land Council and the Central Land Council signed an agreement with the Northern Territory Government guaranteeing access to Aboriginal land along the 1500 km Adelaide to Darwin railway corridor. This is the first time the NT Government has recognised native title rights and negotiated an agreement over native title lands. The agreement included a compensation package worth an estimated $10 million.

12 February

A special Federal Court sitting in Cairns formally recognised the traditional rights and interests of the Mualgal and Saibai peoples to the land and inland waters of the Moa and Saibai islands in the Torres Strait. The determination was the result of two and a half years of mediation with the National Native Title Tribunal and is the first native title determination in the Torres Strait Region since Mabo [No. 2].


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