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Hunter, Catherine --- "Recent Happenings" [2005] IndigLawB 16; (2005) 6(9) Indigenous Law Bulletin 24


Recent Happenings February 2005

compiled by Catherine Hunter

2 February

A Senate Select Committee on the Administration of Indigenous Affairs has begun today, to investigate how Indigenous Australians will be dealt with by the Government following the demise of the Aboriginal and Torres Strait Islander Commission (‘ATSIC’). Social Justice Commissioner Tom Calma argued for a broadly based campaign to inform Indigenous peoples regarding the changes that were to occur, particularly in relation to shared responsibility agreements. He noted that human rights standards require that Indigenous peoples participate effectively in decisions affecting their lives, and that mechanisms to support regional Indigenous bodies and negotiate with local communities had not been implemented.

3 February

Members of the Stolen Wages Working Group in Queensland (‘Qld’) have called for the abolition of the State’s stolen wages reparations process. Members of the Group have criticised the process as being more difficult and less likely to result in appropriate payments for claimants than the New South Wales (‘NSW’) processes. Members have called for the Qld processes to be brought in line with those of NSW.

5 February

Mr ‘Sugar’ Ray Robinson has been found not guilty of two charges of fraud. He had been charged with using Indigenous Housing and Construction Company cheques worth $4,800 to pay for gambling costs. Mr Robinson said he had been subjected to a harrowing and expensive procedure and vilification by the media.

11 February

A report, conducted by the Ethical Standards Department of the Victorian Police, was undertaken to investigate the arrest of Raymond William Merritt. The report was the result of concerns by witnesses regarding the allegedly violent nature of the assault. It was found that witnesses’ perceptions were mistaken and that police were not at fault. Questions regarding the appropriateness of police inquiries into internal matters such as police conduct have been raised.

14 February

A march has been conducted in Redfern in Sydney’s inner-west to commemorate the death of TJ Hickey one year ago. Hundreds of members of the Indigenous community marched from Waterloo Towers to The Block in Redfern. NSW Premier Bob Carr has rejected calls for further investigation into the death despite claims of police involvement.

17-18 February

The National Indigenous Council (‘NIC’) has conducted its second meeting. The Chairperson, Magistrate Sue Gordon, AM, emphasised that the NIC is not intended to be a replacement for ATSIC, rather it is an advisory body to the Federal Government. Issues discussed during the meeting included early childhood intervention in relation to health. The meeting also looked at a paper, tabled by Mr Warren Mundine, concerning ways in which the Indigenous land base might be utilised to further economic development for Indigenous peoples.

18 February

The Port Augusta City Council is seeking to restrict the rights of Indigenous people in the far north of South Australia from making their annual migration into the city. Moves by the City Council to prevent the annual migration of Anangu people from their Pitjantjatjara lands to Port Augusta have been labelled as racist. The Council claims its plans are in response to social problems caused in the area by the migration, and that it only intends to restrict those who are causing the problems. The annual migration is legally protected by the 1836 Letters Patent which guarantees the rights of Indigenous peoples in the State (and their descendants) to continuing access to the lands which they occupied at the time, including Port Augusta.

19 February

The ATSIC Board of Commissioners has moved to transfer control of its assets, including its art collection, to Indigenous corporations. The Board voted to adopt legislation to remove caveats from Indigenous corporations which had prevented them from having full legal control over the disposal of their assets. Indigenous Affairs Minister, Amanda Vanstone, however, intervened today to impose a requirement that ATSIC must give 30 days notice before disposing of any assets. Her office also organised the removal of artworks from ATSIC premises ‘for their protection’ without, however, informing the ATSIC Board.

21 February

Department of Employment and Workplace Relations officers will undertake the first of four days of discussions with Aboriginal communities relating to the Community Development Employment Projects (‘CDEP’). The program, introduced in the 1970s, involved a common fund, created from combined unemployment benefits, to provide work for the unemployed. The Howard Government intends to expand the mutual obligation requirements for ‘CDEP jobs’ – the types of jobs necessary to the community but that do not fit the marketplace. As well, benchmarks and tests will be introduced to ensure that where ‘non-CDEP jobs’ are available, they are provided for participants.

28 February

A Coronial inquest is due to begin today into the death in custody of Cameron (Mulrunji) Doomadgee in Palm Island. The inquest is being conducted as the result of a petition by the family of Mr Doomadgee and others in the Palm Island community. The Human Rights and Equal Opportunity Commission (‘HREOC’) has been granted permission to appear at the inquest and will make submissions on systemic issues surrounding arrest and detention in relation to Indigenous peoples.

Meanwhile, tensions worsen between the Queensland Premier, Peter Beattie, and the Palm Island Council. Mr Beattie visited the island on 17 February to open a $10 million Police and Community Youth Centre (‘PCYC’). His visit took place against the wishes of the Palm Island Indigenous community who requested that he postpone the visit until after their period of mourning and the completion of the inquest. Mr Beattie has also been involved in bribe allegations as the Council has claimed that the Premier offered to cancel an $800,000 debt if the Council attended the opening of the PCYC.


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