Indigenous Law Bulletin
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compiled by Frank Tao
An Aboriginal man removed from his family was awarded $525,000 in compensation. The Court heard Mr Trevorrow was taken away when he was one and consequently suffered emotionally and psychologically. The Court ordered the compensation for false imprisonment, losses and injuries. South Australian Premier Mike Rann would not challenge the decision. ‘This is an appalling case of dispossession. It would be completely inappropriate to prevent Mr Trevorrow from receiving his compensation’ Mr Rann stated. The Federal Indigenous Affairs Minister Mal Brough has ruled out a Commonwealth compensation scheme.
Aboriginal Affairs Ministers from all states passed two resolutions in relation to the Northern Territory (‘NT’) intervention. The first resolution called on the Federal Government to make a long term commitment to work with Aboriginal communities to address abuse and violence. The second resolution demanded that a transition plan be agreed to by the states and territories before any reform of welfare payments.
The authors of the Little Children Are Sacred Report have expressed their disappointment with the Howard Government’s NT Intervention. Pat Anderson said she and her co-author Rex Wild QC were ‘betrayed, disappointed, hurt and angry’ by the intervention. ‘There is no relationship between all these emergency powers and what is in our report,’ Ms Anderson said.
The final analysis of a Universities Australia survey of 19,000 undergraduate students found that 25.4 per cent of Indigenous students regularly went without food or other necessities, double the overall average of 12.8 per cent. The report warned that financial burdens pressured more students to seek financial employment, potentially harming the quality of their university education.
Minister Mal Brough has questioned the value of land rights for Indigenous people. Speaking at the National Press Club in Canberra, Mr Brough acknowledged that while Mabo and Wik were ‘very important’ decisions, land rights and especially collectivism has so far ‘impoverished’ Indigenous people. The minister emphasised the need for a balance between land rights and economic opportunities.
The Coalition Government has rejected an amendment by Democrats Senator Andrew Bartlett calling for an ‘independent and comprehensive annual review’ of the NT Intervention legislation.
The Australian Bureau of Statistics (‘ABS’) has estimated that there are now over 500,000 Indigenous Australians. Based on data from the 2006 Census, the ABS estimates that the Indigenous population has increased from 386,000 (or 2.1 per cent of the total population) in 1996 to 517,000 (2.6 per cent of the total population) in 2006.
Federal Community Services Minister Nigel Scullion has acknowledged that the NT Intervention legislation was discriminatory, but only insofar as to treat ‘one class of people differently to another’. Despite the laws’ exemption from the Racial Discrimination Act, the Government claims the exemption is for the benefit of Indigenous people.
Fiji is considering taking Australia to the World Trade Organisation over the trade restrictions on kava. Since June, Australia has detained kava imports, under existing permits, which are not for medical or scientific purposes. The ban has coincided with the NT Intervention. Federal Health Minister Tony Abbott said kava ‘is a serious social problem, particularly in the Northern Territory’.
The Federal Government’s NT Intervention legislation passed through the Senate after 27 hours of debate.
The Northern Territory Chief Minister Clare Martin has announced a five-year $286 million plan in response to the Little Children are Sacred Report. The money will be spent on health, housing, education, jobs, safety, business and culture. This includes $79 million on child protection and a new children’s commissioner. The NT Government will also set up 12 more police stations and 16 police officers for remote towns. Ms Martin says that the commitment is part of a 20-year plan where by 2030 Indigenous children will enjoy the same health and life as other Territorians.
The Northern Territory Library has been awarded $1.24 million by the Bill and Melanie Gates Foundation. The Library was recognised for its efforts in providing free internet access in remote Indigenous communities. Of particular note was the Our Story Database, which allows Aboriginal people to share their culture by archiving photos, audio and video files. The Library’s director, Jo McGill, says she intends to use the money towards projects to preserve cultural heritage, capacity building and early literacy programs.
New South Wales Police have released an updated Aboriginal Strategic Direction (‘ASD’), which gives Aboriginal community members a greater say in how police help to address problems. Under the ASD, senior police and Aboriginal community representatives will meet every two to three months to discuss relevant issues and problems. The policy’s effectiveness will be reviewed every four months.
Aboriginal leaders have vowed to form a national Aboriginal body to represent the views of Indigenous people. Pat Turner has described it as ‘a body for, by, and about Aboriginal people’. A statement was issued by Ms Turner and other Indigenous leaders stating that the group will be established within a few months. It will cover some of the role of the former Aboriginal and Torres Strait Islander Commission (ATSIC) and produce evidence-based policy for Indigenous people.
Prime Minister John Howard visited the town of Hermannsburg, 130 km west of Alice Springs. It is Mr Howard’s first visit to an Indigenous community since his Northern Territory Intervention plan. Mr Howard said for Aboriginal people to have a future ‘they must become part of Australia’s mainstream community’.
A booklet for prospective Australian citizens as part of the new citizenship test has little recognition of Indigenous Australian history. The booklet covers Australian history prior to 1788 in 20 words. The year 1788 is described as ‘the first year of Australia’s European settlement’.
The Boonthamurra people in south-west Queensland have had their native title claim registered by the Native Title Tribunal. The 29,000 square kilometre claim covers the shires of Quilpie, Barcoo and Bullo.
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URL: http://www.austlii.edu.au/au/journals/IndigLawB/2007/48.html