Indigenous Law Bulletin
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compiled by Catherine Hunter
The Minister for Indigenous Affairs, Mal Brough, has asked for an explanation of $2 billion in Federal Government funds, earmarked for Indigenous housing and distributed to state and territory governments over the last decade, which has not been accounted for. He has also criticised the present system in which housing funds are distributed to around 600 organisations, each with a board and management. Brough has called for changes such as the allocation of housing funds to the states, however, with a requirement for conditions to be set by the Federal Government.
A petition was handed to the Member for Indooroopilly in Queensland calling on the State Government to consider the concerns of Indigenous people regarding the issue of ‘stolen wages’. The Government set up a reparations package in 2002 to respond to the injustice to Indigenous people who were denied wages and entitlements. The package offered a payment of $2000 or $4000 to eligible Indigenous workers. However, the offer closed in January and the Government has yet to determine the fate of the unclaimed funds. The petition expressed dissatisfaction with the size of the payments, the failure of the State Government to accept applications from family members of deceased applicants, and the requirement that a waiver be signed that no legal action will be taken on the matter. The petition argued that the package was not an act of reconciliation as claimed by the Queensland Government.
The Menzies School of Health Research has conducted studies into the impact of housing conditions on the health of Indigenous peoples in the NT. The research showed that skin, ear and respiratory tract infections and diarrhoea were common and likely to be the result of a lack of adequate housing. Recurrent infections resulted in impaired growth, poor development and increased susceptibility to diseases like rheumatic fever, which has been eradicated in other developed nations.
Changes to the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) were introduced within days of the fortieth anniversary of the ‘walk off’ by Aboriginal stockmen at Wave Hill cattle station in the NT. The Act was the first attempt to recognise the Aboriginal system of land ownership and to put into law the concept of inalienable freehold title. Some changes are hoped to have positive effects, including the provision encouraging traditional owners to lease their land for 99 years. It also allows for the creation of representative bodies in competition with land councils, and for the extinguishment of claims over intertidal zones.
The first consent determination – in which agreement over native title is reached voluntarily without litigation – has been signed in South Australia recognising the native title of the Yankunytjatjara Antakirinja people. The agreement gives traditional owners the power to negotiate land use, but permits pastoralists to continue to use the land. The SA Government says that this provides a positive model for the determination of the remaining native title claims in the State.
Plans to divert five kilometres of the McArthur River by mining company, Xstrata, have been approved by the NT Environment Minister provided an environmental security bond is paid. However, traditional owners of the land argue the river will be contaminated and the tradition of the Rainbow Serpent will be affected as a result.
Former Federal Court Judge, Ron Merkel, who presided over the Rubibi native title claim in Broome earlier this year, argued that proposed changes to the native title system would not have the desired result of streamlining native title claims. The amendments give the National Native Title Tribunal greater powers, particularly in relation to mediation. However, he argues the main problem facing the system is the lack of resources provided for native title representative bodies which prevents the proper preparation and conduct of cases. He also argued that governments should understand the process as a tool for reconciliation, and for addressing economic and social disadvantage.
The national task force formed last month to address reports of serious crime and sexual abuse in Indigenous communities has delivered its report. Federal Justice Minister, Chris Ellison, said that the team found the reported incidents were occurring in Indigenous communities across Australia and were not exaggerated.
The final development plans for Redfern/Waterloo – ‘the Block’ – have been released. While there have been some concessions to the local Indigenous community, the overall result is seen to be less than satisfactory. There has been a slight increase in the number of houses permitted, but this is much less than that necessary to build the 62 new homes for Indigenous people planned by the Redfern-Waterloo Authority. A spokesperson for local group RedWATCH, Geoff Turnbull, did point to positive aspects including the preservation of Marian Street Park, and the conversion of the former Redfern court house and police station into a community health centre. The Minister for Planning, Frank Sartor, claims the plans will encourage economic growth in the area and create up to 18,000 jobs.
The South Australian Parliament has adopted legislation which criminalises the trafficking of petrol in the Anangu Pitjantjatjara Yankunytjatjara lands. The new law covers the sale, supply and possession of petrol in the knowledge that it will be inhaled, and the resulting punishment could be up to 10 years imprisonment or a $50,000 fine.
A report by the Australian National Audit Office has found that the Attorney-General’s Office has questioned the operation of the Native Title Respondents’ Funding Scheme, through which pastoralists and mining companies can seek legal assistance in fighting native title claims. While the Scheme was intended to reduce litigation in native title claims, the Office has reported that there is a lack of reporting and monitoring of the amounts being spent and the procedures for deciding who should receive the funds.
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URL: http://www.austlii.edu.au/au/journals/IndigLawB/2006/49.html