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Houston, Jacqui --- "Recent Happenings" [2005] IndigLawB 50; (2005) 6(13) Indigenous Law Bulletin 28


Recent Happenings September 2005

compiled by Jacqui Houston

1 September

Federal Environment Minister Ian Campbell has rejected an emergency application by the Nyungah Circle of Elders to protect Cockburn Sound, south of Perth in Western Australia (‘WA’), against the Government’s planned desalination plant. The application asked that the site be protected for its spiritual significance.

6 September

The full bench of the Federal Court has upheld a decision by the Federal Court that the Federal Government was acting outside of its powers when it suspended Aboriginal and Torres Strait Islander Commission (‘ATSIC’) Chair Geoff Clark for ‘misbehaviour’. The Court found that Indigenous Affairs Minister Amanda Vanstone had not shown why Mr Clark’s conviction for obstructing police in an incident in Warrnambool,Victoria in 2002 rendered him unfit to remain in office. The Minister has been ordered to pay all of Mr Clark’s legal costs.

5 September

Scott McDougall, Director of the Caxton Legal Centre in Queensland, has been appointed as Resource Officer to assist the Palm Island Shire Council in developing an action plan which will establish priorities for improving life on the Island. Working in the position for three months, Mr McDougall will assist in negotiations between the council and the Queensland Government and conduct a handover for Council at the end of his tenure.

6 September

Indigenous Affairs Minister Amanda Vanstone has said that the Federal Government is seeking to reform the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) ‘in a way that benefits traditional owners, other Aboriginal people and territorians generally.’ Central Land Council has said that it yet to view the package of reforms: ‘this has been kept under wraps from the people who it affects the most.’

13 September

The Queensland Government has announced funding of $200,000 for the construction of a safe house in Cape York for women experiencing domestic or family violence. The shelter will provide crisis assistance and short-term accommodation.

15 September

The Federal Government has voted down a motion by Greens Senator Bob Brown to launch a Senate inquiry into petrol sniffing in Central Australia. Northern Territory (‘NT’) Country Liberal Party (‘CLP’) Senator Nigel Scullion said Senator Brown’s motion was too limited, looking only at rolling out non-sniffable fuel across Central Australia. Senator Scullion says he has plans to introduce his own, further-reaching motion. NT Labor (‘ALP’) Senator Trish Crossin countered that the ALP also plans to introduce a call for an inquiry.

16 September

Federal Attorney-General Philip Ruddock will today meet with State and Territory ministers responsible for native title to discuss changes to the system. The Attorney-General said that changes would address the time and cost issues of the current system in order to make it effective for all parties. Aspects for reform include changes to the financial assistance scheme for native title respondents, changes to native title representative bodies, technical amendments and a review of the claims resolution process.

16 September

The NT Director of Public Prosecutions is lodging an appeal against the one-month sentence given to a 55-year-old Aboriginal man charged with the aggravated assault and sexual assault of his 14-year-old promised wife. The sentencing judge, Supreme Court Chief Justice Brian Martin said that he felt a ‘great deal of sympathy’ for the man in dealing with conflict between customary law and the criminal law of the NT and convicted him only of unlawful sexual intercourse. Changes made to the law in 2004 removed promised marriage as a defence against charges of sex with a minor, yet customary law can still be used as a mitigating factor.

16 September

The WA Government has discontinued funding of a youth support service which worked to alleviate petrol-sniffing problems in the Balgo community in northern WA. In 2003 the Government provided funding for a limited time through the Office of Crime Prevention for two youth workers. Recently, a permanent police presence was introduced to Balgo, increasing fears that the petrol-sniffing problems in the region are seen by the Government as a criminal justice issue.

20 September

People have protested today against the Government’s proposed changes to the Pitjantjatjara Land Rights Act 1981 (SA). People of the Anangu Pitjantjatjara lands and their supporters say the proposed amendments give the Aboriginal Affairs Minister too much control over traditional landowners and the lands’ executive.

22 September

Indigenous groups in Argentina are protesting to stop the 500-year-old mummified remains of three Inca children from being displayed at the Museum of High Altitude Archaeology. Rogelio Guanuco, the association which represents 70 per cent of Argentina’s Indigenous communities is supporting the protest, although the Museum’s director says that the Quechua people of the area are working jointly with the Museum on the project.

22 September

The Australian Securities and Investments Commission (‘ASIC’) is investigating financial groups in relation to a scheme which gave car loans to Aborigines in Cape York, Queensland, which were beyond their capacity to repay. Some families have had to apply for food vouchers after loan repayments left them almost destitute. The council in the area has taken to restructuring some loans although this has come too late for some who have had their cars repossessed for less than market value.

23 September

The Federal Government has today launched a kit which explains the effects that petrol sniffing has on the brain. The 40-page kit will be used by youth workers and social workers and aims to be both a rehabilitative and a preventative tool. Unfortunately the kit is only available in English with the Government saying it will give some consideration to translating the information.

27 September

NT Senator Nigel Scullion has called for mandatory prison sentences to be imposed upon anyone convicted of petrol-trafficking. He also wants to criminalise petrol-sniffing so that police can force sniffers to attend rehabilitation or treatment programs.

28 September

The Human Rights and Equal Opportunity Commission (‘HREOC’) is seeking leave to appeal to the NT Court of Criminal Appeal in the matter of the Aboriginal man gaoled for one month for the assault of his 14-year-old promised wife. HREOC is seeking to intervene in the interests of the victim.

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