Lemezina, Zrinka --- "Month in Review" [2009] IndigLawB 25; (2009) 7(12) Indigenous Law Bulletin 31

Month in Review

Compiled by Zrinka Lemezina.

May 2009

4.05
Samples of material found around and underneath homes in the Aboriginal community at Wallaga Lake have tested positive for two different types of asbestos, Chrysotile and Amosite. Merrimans Aboriginal Lands Council CEO, Ron Ny, says the NSW Department of Environment and Climate Change will now engage an independent environmental hygienist to asses the volume of asbestos.
5.05
It is one year since the Mulligan inquiry into child abuse in remote Aboriginal communities in SA; key recommendations emerging from that report have not yet been implemented. Among other things, the inquiry stressed the need for a safehouse to protect women and children from violence and abuse on APY Lands. SA Families and Communities Minister, Jennifer Rankine, says the State Government is still working through the details but that ‘work is underway and we expect to have a report back from APY Women's Council in late July.’

6.05 The Royal Australian College of General Practitioners has criticised the Care and Protection of Children Act (NT), which requires all people, including doctors, to report teenagers under 16 years of age who are sexually active. Dr Nigel Stocks of RACGP says the new laws interfere with a GPs role to offer necessary support to teenagers and that ‘young people will not seek early care in a pregnancy, will not discuss emergency contraceptive options and there may be an increase in sexually transmitted infection’.

7.05
The Federal Government has acknowledged to the United Nations Committee on Economic, Social and Cultural Rights that it needs to do more to combat Indigenous disadvantage and will consider any Committee recommendations in this regard.

12.05
The Federal Government has announced that it will contribute $148.9 million of Budget funds towards Indigenous programs. In an effort to ‘forge a new relationship with Indigenous Australians based on trust, respect and engagement’, the Government has allocated $26.6 million to an Indigenous Healing Foundation; $13.8 million to Link-Up Services; $10.8 million to Reconciliation Australia; $50.1 million to the Native Title System to promote economic development; $34.6 million to the ‘sustainable development phase’ of the NT Intervention; $13.0 million to the Indigenous Electoral Participation Program to improve electoral knowledge and participation in Indigenous communities.

17.05
Dr Paul Burgess of the Menzies School of Health Research reports that Indigenous Australians who take on active roles in the management of traditional lands have dramatically improved health. People involved in ‘caring for country’ programs perform better across a range of health factors including more frequent physical exercise, better diet, less obesity, lower blood pressure, less psychological distress, less diabetes and a lower risk of heart disease. Dr Burgess says that these ‘are the principle preventable diseases contributing to the [17-year] gap in Indigenous life expectancy’ and the findings should prompt a re-think of policies that centralise Indigenous people in large remote townships.

20.05
NT Chief Minister, Paul Henderson and Minister for Indigenous Policy, Alison Anderson released the Working Futures – Remote Service Delivery program today. Under the new policy, 20 communities will be developed into regional economic hubs offering a wide range of government services such as housing, schools and clinics. At the same time, about 580 smaller communities will be deprived of essential services. The program brings NT into line with the Federal Government, which announced in March that only selected larger communities would benefit from initial funding in a program to build 4200 houses in remote Indigenous communities across Australia.

21.05
Aboriginal delegates to the United Nations Permanent Forum on Indigenous Issues have called on the UN to instigate a worldwide study into the economic and health impacts of assimilation policies on Aboriginal peoples. NSW Aboriginal Land Council delegate, Councillor Patricia Laurie, speaking at the UN Permanent Forum on Indigenous Issues in New York, stressed that today’s policies continue to be based around mainstream ideologies and wrongly assume that these are automatically transferable to Aboriginal Australians. Councillor Lauire also said that the current emphasis on practical outcomes ‘undermines the exercise and enjoyment of human rights, by Aboriginal Australians’.

21.05
The Federal Government released a discussion paper today as part of the ‘sustainable development phase’ of the NT Intervention. The discussion paper seeks contributions from affected Aboriginal communities as to how compulsory income management may be implemented consistently with the Racial Discrimination Act 1975 (Cth). Consultations will start in June and continue until September. The amendment Bill is expected in October.

25.05
Warwick Thornton's film Samson and Delilah was selected from a group of 66 international entries to win the Camera d’Or at the Cannes Film Festival. The prize is awarded in recognition of the best first feature film.

26.05
The Tasmanian Government has announced that it will conduct community consultations to determine future control over the Bay of Fires on Tasmania's east coast. Environmental groups are lobbying for the land to become a national park, while the state's Aboriginal community is arguing it should be given ownership; the Government says that it will consider Aboriginal management in carrying out consultations.
29.05
The Commonwealth Government’s response to an inquiry into the Resale Royalty Right for Visual Artists Bill 2008 was tabled in Parliament today. Under the proposals, artists will receive 5% of the sale price when their artworks are resold through the art market. The Bill is significant for Indigenous artists, whose artworks may appreciate significantly in over time; if passed, the Bill would allow artists’ descendants to share in the growing appreciation of their works.

31.05
The Public Interest Advocacy Centre (‘PIAC’) says that last minute changes to the NSW Government's Aboriginal Trust Fund Repayment Scheme are causing confusion among those entitled to claims for stolen wages held in trust by the State Government. Robin Banks of PIAC says that the deadline came too soon to ensure that the money would be repaid in full and that, while approximately $70 million has been earmarked for repayment, ‘less than a third of that will be repaid to people.’

June 2009

1.06
Federal Minister for Indigenous Affairs, Jenny Macklin, has announced that 868 people in Aurukun, Coen, Hopevale and Mossman Gorge have voluntarily submitted to Family Income Management services as part of the Cape York Welfare Reform trial. This is up from 532 participants in 2007-08. The regime has been designed to provide Cape York communities with education, information and support needed to manage their own money, to improve living standards and to understand and make the best use of financial products and services.

2.06
A formal study has begun into the impact of a proposed gas processing hub on the Kimberley. With separate inquiries into the fishing and tourism industries almost complete, WA’s Department of State Development has begun broader impact studies to be submitted to the Federal Government. The report will detail the effect of the liquefied natural gas project on businesses, real estate, Aboriginal communities and health and education services.

4.06
Marion Scrymgour, former Deputy Chief Minister of the NT, resigned from the ALP today in protest against the NT homelands policy. Ms Scrymgour, will complete her term as an Independent for the seat of Arafura.

4.06
Victorian Attorney-General, Rob Hulls today announced that traditional owners in Victoria will be able to negotiate directly with the state without having to pursue onerous native title cases in the Federal Court. Aboriginal groups will be able to forge agreements with the State Government to manage or jointly manage crown land where they can demonstrate a ‘traditional’ rather than ‘continuing’ connection to the land. Mr Hulls says that, instead of taking 55 years to resolve the claims currently in dispute, there is now ‘a real opportunity for us to resolve 10 settlements in 10 years, which would see the current claims lodged in the courts withdrawn and over 90 per cent of the state resolved.’

5.06
In delivering the 2009 Mabo Oration in Brisbane, Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma, argued that not enough is being done to prevent crime through investment in Indigenous communities. The Commissioner suggested that States and Territories divert a proportion of their prison budgets to address the causes of crime in Indigenous communities in a ‘justice reinvestment’ initiative. The Commissioner said that ‘something is very wrong when we see the steady progression of Indigenous kids from the juvenile justice system graduating to the adult criminal justice system’.

9.06
A 13 year old boy spent five days in Kununurra police lockup, charged with car theft and aggravated burglary, because there was nowhere else for him to go. WA Aboriginal Legal Service (‘ALSWA’) says many Indigenous children spend days in rundown police cells in remote WA because the only two juvenile detention centres are in Perth. ALSWA acknowledges it is often impractical and distressing to send children to Perth, and wants purpose-built facilities for minors in remote areas.

11.06
The Federal Court today recognised the Nyangumarta people’s native title rights in the Pilbara region of WA. The determination involves recognition of native title over 32,000 square kilometres between Broome and Port Hedland. All relevant parties, including pastoralists (represented by the Pastoralists and Graziers Association) and fishers (represented by the Western Australian Fishing Industry Council), have agreed to the consent determination.

12.06
Aboriginal people in Arnhem Land celebrated the one year anniversary of the High Court’s Blue Mud Bay decision, giving traditional owners exclusive rights over commercial and recreational fishing in waters overlying Aboriginal lands. The Northern Land Council and NT Government hope to conclude negotiations over permits and licensing arrangements for fishing by the end of the year.

12.06
WA Coroner Alastair Hope today handed down his findings into the death in custody of Mr Ward in January 2008. Coroner Hope criticised the death as ‘unnecessary and avoidable’ and apportioned responsibility between the two prison guards who transported Mr Ward between Laverton and Kalgoorlie, the private company in charge of the prison transfer service (G4S), and the WA Department of Corrective Services. The Coroner further cautioned against the use of Justices of the Peace to aid court processes in regional and remote communities, emphasising that the JP involved in the present case, Barry Thompson, gave evidence demonstrating a lack of training and a poor understanding of his role and responsibilities. The Coroner suggested increased use of video and telephone conferencing: this would put the cases before qualified magistrates and would avoid long-distance transfer of accused persons.

16.06
The Qld Court of Appeal today ordered that a fresh coronial inquest be held into the 2004 death in custody of Mulrunji Doomadgee. The new inquest is expected to be held in Townsville within the next few months. The Doomadgee family's lawyer, Andrew Boe, welcomed today's outcome saying ‘we're always hopeful and we're committed to ensuring that this examination occurs with some degree of transparency from this point, with a lot more precision, or say what happened and then we move on.’
16.06
In its submission to the National Human Rights Consultation, the Human Rights Commission has sought a referendum to amend the Constitution to remove sections that are racially discriminatory, and to expressly recognise Indigenous people in the preamble. The Commission specifically argued against the appropriateness of ss 25 and 52(xxvi), which permit racially discriminatory laws. They further advocated for the insertion of a new clause that guarantees racial equality and prohibits racial discrimination.

22.06
The Australian Crime Commission (‘ACC’) has presented an interim report to police commissioners, alleging that some Aboriginal leaders are abusing their community authority to commit violence and pedophilia, including the intimidation of victims and witnesses. The ACC’s special taskforce says that it has passed on evidence to state police and intends to present a report to the Federal Government outlining the systemic nature of the conduct. The interim report is now being considered by ACC board members, made up of State and Federal police, ASIO and Customs officials and Commonwealth Attorney-General, Robert McClelland.