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Harris, Lochie --- "Recent Happenings" [2001] IndigLawB 52; (2001) 5(9) Indigenous Law Bulletin 20

Recent Happenings

by Lochie Harris

1 June

The Federal Court recognised the existence of native title over a 122 hectare site just south of Broome. The Rubibi group brought the claim on behalf of the Yawuru people, who are only the second Indigenous group in Western Australia to successfully pursue a native title claim in the Federal Court.

4 June

South Australia’s first native title litigation was launched in the Federal Court on behalf of the Yankunytjatjara people. The applicants’ 1800sq km claim seeks native title rights of occupation, use and enjoyment of parts of De Rose Hill station, between Marla and the Nothern Territory border, and takes in three pastoral leases held by the Fuller family. Up to 200 people are expected to attend the hearing, which reconvened on Friday 8 June.

6 June

Opposition leader Kim Beazely reiterated his promise that a Labour government would make an unqualified apology to Indigenous Australians if elected.

7 June

An Indigenous Land Use Agreement has been negotiated between the Commonwealth Department of Defence and the Bindal and Wulgurakaba peoples in Townsville. An agreement has also been negotiated between BHP and Innawonga Bunjima Niapaili people in the Pilbara.

12 June

The main Aboriginal organisations in Western Australia, including the ATSIC state council, the Western Australian Aboriginal Community Controlled Health Organisations, the Western Australian Native Title Working Group and the Aboriginal Legal Service, have formed a peak body in order to improve the effectiveness of state level Indigenous government policies. The peak body aims to streamline the supply of services to Indigenous communities within Western Australia. It is hoped that the other states and territories will soon follow this lead.

14 June

Western Australia’s Legislative Council followed the lead of other State parliaments by passing a motion apologising to Aboriginal people removed from their families by past governments. The motion was supported by Labor and Greens MLCs, and by a number of Liberals who crossed the floor to vote with Labor. One Nation, National and other Liberal MPs opposed the motion. The Federal House of Representatives is now the only House still to officially say sorry.

15 June

ATSIC Chairman Geoff Clark strenuously denied four women’s accusations of rape against him. The allegations, relating to events that are alleged to have occurred between 1971 and 1983, were initially reported in The Age and The Sydney Morning Herald. Clark charged these two papers with trial by media and said the allegations were part of a year-long political campaign against him by his opponents. A Victorian Court had last year cleared Clark of another rape charge involving one of the four women.

18 June

New South Wales Magistrate Pat O’Shane was heavily criticised for her public statement that “a lot of women manufacture a lot of stories against men”. New South Wales Chief Magistrate Patricia Staunton referred the matter to the New South Wales Judicial Commission.

20 June

At the end of a week focussed on sexual and physical abuse in the Indigenous community, former Chair of the Council for Aboriginal Reconciliation Dr Evelyn Scott revealed that her daughters were sexually assaulted when they were children. Liberal Senator Bill Heffernan accused a senior member of ATSIC in Queensland of being the perpetrator, who vigorously denied the accusations.

24 June

Aboriginal Affairs Minister Philip Ruddock said that the government was discussing with ATSIC potential amendments to the legislation under which it operated. Under present legislation, ATSIC’s chairman cannot stand aside and the commissioners have no power to sack him. Mr Ruddock said the amendments could incorporate changes to allow the ATSIC Chairman to stand aside temporarily from his job. This statement comes amidst some individuals’ calls for current ATSIC Chairman Geoff Clark to step down in the wake of rape allegations. To date, Mr Clark has resisted these calls.


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