Reconciliation and Social Justice Library
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Participants
Glossary - Acronyms [Download as rtf
file]
Glossary - Reports [Download as rtf
file]
Preface
Summary of the Report [Download as rtf
file]
List of Recommendations [Download as
rtf file]
Background
Submissions and consultations
Application of the Act to Torres
Strait Islander Heritage
[Download as rtf file]
Background to the Act
How the Act works: Outline of procedures
How the Act has been used
How effective has the Act been?
Problems and criticisms
Goals for reform of the Act
[Download as rtf file]
Commonwealth legislative protection
for Aboriginal heritage
Other Commonwealth programmes
International obligations and
principles for protecting Aboriginal heritage
What is wrong
There should be a national policy
There should be a co-ordinating mechanism
Minimising duplication of significance
assessment
[Download as rtf file]
Failure to understand the importance
to Aboriginal people of restricting access to information
Why protecting restricted information is
important
Kinds of restrictions on information
and knowledge
Standards for recognising customary
restrictions on information
Recommendations
[Download as rtf file]
Role of State and Territory laws
Effect on interaction with Commonwealth
law
Other interaction problems
Recognition of interaction problems
Supporting the development of minimum
standards
Recognition and accreditation
of State and Territory laws
Should the Commonwealth impose national
standards?
[Download as rtf file]
What should be the objectives of
heritage protection laws?
What should be protected: Defining
Aboriginal cultural heritage
What kind of protection regime should
apply?
How should Aboriginal sites be identified
and assessed?
Competing land use: Planning procedures
and site clearance
Customary law restrictions on confidential
information
Aboriginal access to cultural sites
Heritage agreements
Effective enforcement
Compensation
[Download as rtf file]
Implications of minimum standards
for Commonwealth Act
Confidentiality of information
subject to customary law restrictions
Access to areas and sites
Enforcement and penal provisions
[Download as rtf file]
'Particular significance' is an Aboriginal
issue
Problems in establishing significance
Determining significance in other
jurisdictions
Separating the issue of significance
Who should decide significance?
Proposed procedure for the Commonwealth
Some special issues
Establishing injury or desecration
Recommendations
[Download as rtf file]
The role of mediation in the Act
What are the problems and concerns
with mediation?
How to make better use of mediation
and other processes to reach agreement
[Download as rtf file]
Summary of issues raised
Context in which Commonwealth decisions
are made
What overall process should be adopted?
'Effective protection' and threats
Maintenance of protection and time
limits
Obligations to determine applications
Making and recording applications
Procedural fairness
Further aspects of the reporting process
Improving accountability
[Download as rtf file]
How the Act is administered
Problems in the administration of
the Act
Could an independent agency administer
the Minister's powers under the Act?
Advantages of an independent Aboriginal
heritage protection agency
Model for the proposed agency
Functions of the agency
An Aboriginal cultural heritage advisory
council
Another option: An open inquiry or
tribunal?
Recommendations
[Download as rtf file]
Protection of Aboriginal objects
under the Act
Ownership and return of objects
to traditional owners
Sale and auction of objects
Defining 'significant objects': Current
cultural significance
Return of material taken overseas
[Download as rtf file]
Part IIA of the Commonwealth Act
Issues concerning Part IIA
Issues relating to the Commonwealth
Act
[Download as rtf file]
Annex I Minister's Announcement [Download
as rtf file]
Annex II Second Reading Speech of the Aboriginal
and Torres Strait Islander Heritage (Interim Protection) Bill, 1984 [Download
as rtf file]
Annex III Submissions to the Review [Download
as rtf file]
Annex IV Review Consultations [Download as rtf
file]
Annex V Select Bibliography [Download as rtf
file]
Annex VI Broad Guidelines for Aboriginal Heritage
Legislation - Ministerial Council on Aboriginal and Torres Strait Islander
Working Party, 1995 [Download as rtf file]
Annex VII Case Studies under the Act [Download
as rtf file]
Annex VIII State and Territory Laws on Aboriginal
Cultural Heritage [Download as rtf file]