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Hornigold, Carl --- "Recent Happenings" [2005] IndigLawB 40; (2005) 6(12) Indigenous Law Bulletin 28


Recent Happenings

compiled by Carl Hornigold

1 July

The Aboriginal and Torres Strait Islander Commission (‘ATSIC’) is officially abolished. Eddie Smallwood, former Chairman of ATSIC’s North Queensland Regional Council, doubts the Federal Government will be able to provide a better alternative service. The start of the month also sees the departure of Democrat Aden Ridgeway from the Senate – there is no Indigenous person in Federal Parliament.

3 July

Central Australian Aboriginal leader Mr W Rubuntja Pengarte AM passed away following a long battle with illness. Northern Territory Chief Minister Clare Martin noted that Mr Rubuntja, who had worked variously as a drover, brick maker, butcher and cook, made an extraordinary contribution to the Northern Territory. Mr Pengarte served as Deputy Chairman, of the Interim Central Land Council, and later Chairman. He was also Chairman of the first Sacred Sites Authority and the Areas Protection Authority and member of the National Reconciliation Council. He served his local community well on the Boards of the Tangentyere Council and Yipirinya School and was an internationally respected artist. In 1995, Mr Pengarte was awarded the Order of Australia.

3 July

National Aboriginal and Islander Day Observance Committee (‘NAIDOC’) Week begins around Australia with the theme of ‘Our future begins with solidarity’. NAIDOC Chairman Tauto Sansbury noted, ‘We have called for solidarity because Indigenous people must stand together and the wider Australian community must stand with us.’ NAIDOC Week celebrates the history, culture and achievements of Aborigines and Torres Strait Islanders. Adelaide was selected as the national ‘focus city’ for NAIDOC week and hosted the NAIDOC Awards Ceremony and Ball.

4 July

A discussion paper was released today by the Australian Law Reform Commission (‘ALRC’) recommending the inclusion of hearsay and opinion evidence in trials involving Indigenous Australians. Professor Les McCrimmon, Associate Professor of the ALRC, noted that evidence about customs and usages transmitted across generations through an oral tradition were not easily accommodated within the current court system. Professor McCrimmon added that this is particularly problematic in native title cases and cases where evidence relating to traditional marriage, adoption or inheritance is presented.

11 July

Rodney Dillon, Tasmania’s former ATSIC Commissioner, was named Aboriginal Person of the Year at the 2005 NAIDOC Ball held in Adelaide. Mr Dillon was chosen from more than 100 nominations partly for his work in securing Indigenous land and sea rights. In accepting the award Mr Dillon said that the Tasmanian State Government was ‘hostile’ in its attempt to deny Aboriginal culture. He further acknowledged that the award would probably not lead to better recognition of Indigenous rights in Tasmania.

12 July

The release of the Second Report on Indigenous Disadvantage has not surprised the National Aboriginal Community Controlled Health Organisation (‘NACCHO’), the peak national body representing Indigenous community-controlled health services in Australia. NACCHO says that it is important that the Federal Government recognise the report and act swiftly upon it. Of major concern was the finding that Indigenous people are far more likely to be suffering poor health than other Australians, with life expectancy 17 years lower. The report also discussed the issue of incarceration rates, with Indigenous people 11 times more likely than other Australians to be imprisoned. Gary Bank, Chairman of the Steering Committee that prepared the report, said that it indicated that Australia has a long way to go to improve Indigenous standards of living.

15 July

Former High Court Judge Sir Ronald Wilson, 82, died in Perth today after a long illness. After being WA’s youngest appointment to Queen’s Counsel in 1963, he was Solicitor-General of WA and a High Court Judge from 1979 to 1989. In 1990, he was appointed President of the Human Rights and Equal Opportunity Commission (‘HREOC’). Through this, Sir Ronald co-led the 1998 national inquiry into the Stolen Generations, entitled ‘Bringing Them Home’. He will also be remembered as a crusader for reconciliation and for providing a motivating force in the ‘Sorry’ campaign.

16 July

The Federal Government has moved to introduce two Bills which are likely to have a negative effect on the standard of education available to Indigenous Australians. The Indigenous Australian (Targeted Assistance) Amendment Bill 2005 and the Skilling Australia’s Workforce Bill 2005 are both currently before Parliament. The Bills are intended to remove the funding from a previously quarantined source for independent, community-controlled, Indigenous education institutions. The funds will be transferred to a common pool for which independent educational institutions will be required to compete with all other educational institutions through a tender process. It is expected that four major institutions which have successfully provided culturally-appropriate education for Indigenous people will be seriously affected and may not be able to continue to provide this service.


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