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Houston, Jacqui --- "Recent Happenings February 2007" [2007] IndigLawB 16; (2007) 6(25) Indigenous Law Bulletin 24

Recent Happenings February 2007

compiled by Jacqui Houston

5 February

Senior Sergeant Chris Hurley has been charged with manslaughter and assault over the death in custody of Mulrunji on Palm Island in 2004. Hurley was granted bail and will reappear in court in Townsville on 16 March. Charges were laid after Sir Laurence Street reviewed the case and recommended State Attorney-General Kerry Shine use his First Law Officer powers to order the charges be laid.

7 February

The Queensland Crime and Misconduct Commission (‘CMC’) has stated that it found no evidence to support claims that police assaulted an Aboriginal man in custody in Aurukun. However, the CMC will refer its findings to the Queensland Police Service for possible disciplinary action against officers who failed to use the video system set up to monitor people being held in the cells.

14 February

Australians for Native Title and Reconciliation (‘ANTaR’) National Director Gary Highland has condemned the Government’s proposed changes to the Native Title Act 1993 (Cth) being debated today in the House of Representatives. Mr Highland says the changes undermine native title representative bodies and reduce ministerial accountability. Other concerns raised by Mr Highland include a possible compromise for the National Native Title Tribunal: ‘The changes would allow the Tribunal to compel parties to produce legally privileged documents and enable it to report to the Federal Court on the merits of native title claims – even though the mediation process is meant to be without prejudice.’

15 February

The New South Wales (‘NSW’) Aboriginal Justice Advisory Council (‘AJAC’) has called on the NSW Police Commissioner to take swift and decisive disciplinary action against police officers who have circulated a ‘racist and inflammatory’ email. AJAC Executive Officer Terry Chenery called on the Commissioner to ‘ensure that the involved officers fully understand how damaging their actions have been. Perhaps it is time to consider whether or not Anti-Discrimination and criminal laws have been breached and commence action if they have.’

15 February

The Western Australian Indigenous Affairs Minister, Michelle Roberts, has announced that a hostel complex containing two safe houses is being provided by the State Government to facilitate a plan to remove children in Halls Creek who are deemed ‘at risk’. The complex will have the capacity to take in children from babies to 15-year-olds.

16 February

Ninety women of the Tiwi Islands have signed a petition and presented it to the Commonwealth Department of Environment and Heritage to call for the protection of native forests on the islands. The Tiwi women hold grave fears for the future of their cultural heritage with the clearing of forests which currently provide traditional foods, items for ceremony and other cultural practices.

20 February

The Federal Indigenous Affairs Minister and the Health Minister have both promised today that Opal fuel will replace unleaded petrol throughout Alice Springs by the end of this month. In December last year, Health Minister Tony Abbott acknowledged that the roll out of fuel was incomplete and blamed a scare campaign which had led many motorists to believe that Opal fuel would damage their engines. This month’s roll out will be accompanied by a public education campaign.

21 February

Gary Mooney of Mackay in Queensland is campaigning for the introduction of a cell-watch visitor program to address and prevent future deaths in custody. Mr Mooney says that a 24-hour program – where ‘cell-watch workers’ are selected by traditional owners from the relevant region – could effectively address the lack of comprehensive monitoring.

22 February

Traditional owners from Muckaty Station near Tennant Creek in the Northern Territory have written to Federal Minister Julie Bishop to express their concerns over the current negotiations for a proposed nuclear waste dump in the Territory. The traditional owners are concerned that in negotiations with the Government, the Northern Land Council is not representing their opposition to a dump on their land.

22 February

Britain’s High Court has referred to the late entry of parties to the repatriation matter, including the Australian Government, as its reason for adjourning the hearing today until 7 March. The adjourned hearing follows an injunction obtained to stop London’s Natural History Museum from running scientific tests on Aboriginal remains before it returns them to the Tasmanian Aboriginal people.

23 February

An independent evaluation of the Coalition of Australian Governments (‘COAG’) trials has found that the approach has failed to deliver overall benefits to Indigenous communities. In Wadeye, the report found a worsening of community safety and that over the past three years, only four houses had been built in a town suffering chronic overcrowding. Indigenous Affairs Minister Mal Brough called the failures an important lesson.

23 February

Queensland Senator Andrew Bartlett has expressed concern over the Federal Government’s proposal to remove funding for Indigenous urban housing and divert it to funds for housing in remote Indigenous communities. ‘This could have a very serious impact … Indigenous people that live in urban areas do have unique needs and unique issues when it comes to housing.’

23 February

The Northern Territory Government is proposing a form of ‘anti-truancy contract’ which will see the Government provide high school education to remote communities on the proviso that parents ensure their children attend school. Education Minister Paul Henderson says that penalties may be imposed on those parents whose children do not attend school. Mr Henderson has also suggested that flexible school hours may be an option to allow for cultural obligations to be carried out in addition to school attendance.

26 February

The Kimberley Land Council is today commencing its appeal on behalf of the Bardi and Jawi people in the Dampier Peninsula. The Council is appealing the Federal Court’s decision to recognise the traditional owners’ rights to land on the peninsula but that these did not extend to the islands or the sea.


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