Harris, Lochie; Eyers, Patrick --- "Recent Happenings" [2002] IndigLawB 19; (2002) 5(15) Indigenous Law Bulletin 24

Recent Happenings

by Lochie Harris and Patrick Eyers

11 January

An Indigenous land use agreement negotiated between the Waluwarra people and the Queensland Government will see two and half hectares of land in Urandangie, western Queensland, returned for use by the original Indigenous owners.

12 January

The Federal Government announced a plan to reduce Indigenous specific programs in urban areas so as to focus more on highly disadvantaged remote communities. The Minister for Indigenous Affairs, Phillip Ruddock, told reporters that the plan would see government resources being ‘carefully targeted and more effective in producing outcomes’. The plan is contrary to the recommendations made by a Commonwealth Grants Commission review of Indigenous funding requested by the Federal Government last year. The Commission found Indigenous Australians in urban areas still face ‘significant barriers’ when trying to gain access to mainstream services.

16 January

It was reported on ABC Indigenous News that some Aboriginal people from the Northern Territory have fled to Queensland to avoid tribal law punishment.

18 January

The High Court granted special leave to appeal in the Yorta Yorta native title case. The appeal is expected to be heard in August this year.

21 January

Federal Liberal MP Tony Abbot told the Young Liberals 2002 Convention that ‘stressing the need for reconciliation can actually be counterproductive ... because there is nothing we can do to alter the historical circumstances of Aboriginal dispossession’.

Acting Opposition Leader of the Northern Territory Country Liberal Party, Mike Reed, cited a 43 per cent increase in reported offences against homes in the Darwin area as proof that the new Labor Government’s decision to repeal mandatory sentencing laws was a mistake. Reed claims the rapid rise is due to the fact that ‘kids know that it is this government’s policy that they will never be punished for their criminal activities.’

23 January

A report collated by the Australian National University on behalf of the NSW Bureau of Crime Statistics found that one in five Indigenous Australians had been arrested in the five years before 1994, and that nearly a third of all Indigenous males over the age of 13 were arrested in the same period.

30 January

The nation mourned the loss of Worimu woman Carol Kendall OA (1951-2002), an Aboriginal activist instrumental in the fight to achieve justice for members of the Stolen Generations and their families. Her husband Bruce passed away on the 12 December 2001.

1 February

The Minister for Indigenous Affairs, Philip Ruddock, suggested that a reduction in the size of Aboriginal land councils would enable better representation of Indigenous people in Australia. At a meeting with ATSIC and Northern Land Council officials in Darwin, Mr Ruddock argued that smaller land councils, like that of the Tiwi Islands, had achieved developments not seen elsewhere.

2 February

A special Indigenous electoral roll is to be trialed in Tasmania in a first for ATSIC Regional Council elections. Such a trial was recommended by an independent review panel established after the 1999 elections, and was subsequently endorsed by the ATSIC Board of Commissioners and the Minister for Indigenous Affairs, Philip Ruddock. Under the new system, anyone on the Indigenous roll will have to provide evidence of their claim to Aboriginality if challenged. The move is an attempt to overcome repeated challenges to the Aboriginality of voters and candidates that have hampered elections in the past.

8 February

The Federal Court of Queensland found that areas of the Queensland’s native title regime relating to high impact mining and exploration were invalid. The court found that sections of the regime approved by the Federal Attorney-General, Daryl Williams, did not comply with the Native Title Act 1993 (Cth). However the court also found that the sections of the regime approved by Mr Williams, that related to low impact exploration, were valid.

12 February

ATSIC Chairman, Geoff Clark, made a public statement about the ‘widespread practice’ of publicans holding credit cards and PIN numbers on behalf of Aboriginal people and allowing them to accrue large debts through the purchase of alcohol. Although not illegal after changes made to the liquor licensing laws in 1998, the practice has been described by the Wongatha Wongarra community Chief Executive, Jan Douglas, as ‘particularly evil’.

14 February

The native title rights of the Karajarri people, over a 24,725 square kilometre area of land south of Broome, have been formally settled. The decision comes in the form of a ‘consent determination' between the Karajarri people, the State of Western Australia, the Shire of Broome, Telstra, Western Agricultural Industries and various pearling companies. The consent determination will be only the fifth in Western Australia since the introduction of the Native Title Act in 1993.

21 February

In a statement issued by the Aboriginal Tent Embassy in Canberra, embassy elders have indicated that they will be claiming all the official diplomatic privileges afforded to foreign embassies.