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Houston, Jacqui --- "Recent Happenings" [2004] IndigLawB 11; (2004) 5(29) Indigenous Law Bulletin 28


Recent Happenings

Compiled by Jacqui Houston

5 December

Perth Barrister Moira Rayner has uncovered evidence that some Aboriginal children were removed from their families in contravention of the then-legislation. She also points to evidence that the WA Government was officially advised on at least two occasions that it was in breach of the Native Welfare Act 1937. The Act did not include quarter-caste Aboriginals in the definition of ‘native’. Their removal was hence illegal and Ms Rayner advises affected people to petition the WA Supreme Court for a Declaration of Fact (similar to a judicial inquiry).

8 December

Evidencing the success of negotiation, two Indigenous Land Use Agreements (ILUAs) have been signed between Indigenous groups and the resources industry of South Australia. The Agreements made with the Antakarinja Land Management Corporation and the Ularaka Arabunna Association Incorporated will provide the basis for settling future negotiations on mineral exploration.

9 December

The Federal Court has handed down its determination on the Wanjina/Wungurr-Wilinggin and Ngarinyin claim in the Kimberley. The Court found that traditional owners have exclusive rights to over 60000 square kilometres of the region. While the decision included some areas where native title was ruled to have been fully extinguished, other areas were found to still hold exclusive rights, yet others non-exclusive rights. Rights to access land leased to non-Aboriginal pastoralists for the purpose of visiting and maintaining rock sites were held to be not inconsistent with the stock grazing rights of pastoralists.

9 December

Hundreds of people have gathered at St Brigid’s Church in Red Hill, Qld, to farewell Aboriginal elder Aunty Beryl Wharton. Separated from her family as a young child under the Aboriginal Protection Act, Aunty Beryl devoted much of her life to improving circumtances for Aboriginal people, particularly in areas of land rights, health, education and justice. A former representative of Indigenous women at UN forums, Aunty Beryl’s strength and work to promote Indigenous equality will continue to resonate in the Indigenous community.

10 December

Opposition leader Terry Mills stated that the Country Liberal Party (CLP) would give consideration to revoking NT Government legislation in relation to traditional marriages and charges of child sexual abuse. The legislation, passed in November 2003, removed the defence of traditional marriage to such charges. Chairman of Northern Land Council Galarrwuy Yunupingu AM welcomed Mr Mills’ announcement and called for extensive consultations, allegedly lacking in the November amendments, as conducted in 1983 when the defence was first included in the Criminal Code. Mr Yunupingu stated that as a result of the legislative changes, existing traditional marriages where the wife is under 16-years have now been deemed unlawful. ATSIC Commissioner Alison Anderson stated there are a significant number of Indigenous people who support the amendments for their child protection focus.

12 December

Police being sent to Indigenous communities in WA will now be equipped with skills learnt from special training in issues of child abuse and domestic violence. WA Police have worked with ATSIC to overcome the serious levels of mistrust between Indigenous communities and Police. ATSIC Acting Chairperson Lionel Quartermaine urged the State Government to work together with agencies and the WA community as a whole to deal with domestic violence as a whole-of-society and not just an Indigenous problem.

13 December

A youth forum was held today to allow Dubbo’s young people valuable input to the development of a response to the NSW city’s petition calling for tougher sentences for young offenders. 11, 000 people signed the petition, prompting the Dubbo Aboriginal Working Party to call the forum to encourage young people to take control of the problems within the area and draft solutions to encourage education in Aboriginal heritage and have a positive influence in an environment of complex issues.

14 December

The first Director of the National Museum of Australia, Indigenous woman Dawn Casey, finishes the role today after the Museum’s Board chose not to renew her contract. Ms Casey pointed to corporate governance issues as the greatest hindrance to the Museum’s standing as Australia’s national social history museum. Despite acclaim for the Museum by the public, Ms Casey was subject to criticism by sections of the Museum’s Board in what Aboriginal leaders such as Mick Dodson label as sexist and racist behaviour.

15 December

Marion Scrymgour, Member for Arafura, has become Australia’s first Indigenous female Minister. Appointed to the portfolios of Family and Community Services and Environment and Heritage, Ms Scrymgour’s appointment is according to ATSIC Commissioner Alison Anderson “a positive step towards fairer representation in the decision making process.” Ms Scrymgour will also assist the Chief Minister with the portfolios of Young Territorians, Senior Territorians and Women’s Policy.

18 December

A division of the Magistrate’s Court in Victoria, designed to meet the specific needs of Indigenous defendants, has been launched in Warrnambool. The Koori Court, which is already in operation in Shepparton and Broadmeadows, offers support from the Koori community for Indigenous defendants who plead guilty. While not being available in charges of family violence and sexual offences, the initiative is being piloted under the Victorian Aboriginal Justice Agreement and provides offenders with cultural advice and case management with the ultimate aim of reducing the number of Indigenous people coming into contact with the criminal justice system.

8 January

The WA Government have announced that they will continue their curfew in Northbridge in WA, which has been in operation for six months. While Government statistics reveal lower numbers of children removed from Northbridge than those recorded by agencies taking in the children, the figures are clear evidence of the significant impact the curfew has on Indigenous young people. Statistics show a high number of girls have been moved on by the policy with no new programs being implemented by the Gallop Government to address this obvious area of need. While the majority of young people picked up by the policy have not returned and have been moved out of government sight, a small number of young people remain in the area during curfew times. The WA Government is yet to reveal any strategies targeted at determining and addressing the needs of these particular young people.

8 January

Federal MP Peter Lindsay has called on the Qld Government to allow Indigenous land ownership on Palm Island. Problems on the Island, which is Deed of Grant in Trust (DOGIT) land, include the resignation of two CEOs in quick succession and under tumultuous circumstances. In 2003 the Island’s Council was dissolved and an administrator appointed. Mr Lindsay says allowing the land to continue as DOGIT is perpetuating a culture of welfare dependency and other social problems and damaging the future of its young people.


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