Houston, Jacqui --- "Recent Happenings" [2006] IndigLawB 50; (2006) 6(21) Indigenous Law Bulletin 20
Recent Happenings September 2006
compiled by Jacqui Houston
8 September
The Gudanji people, traditional owners of land near Borroloola in the Northern Territory (‘NT’) are fighting the NT Government over the expansion of Xstrata’s McArthur River Mine. The expansion from an underground mine to open cut will require a diversion of a five kilometre stretch of the river. Traditional owners argue that the diversion will destroy important sites of cultural heritage. Aboriginal Areas Protection Authority Chief Executive Jeff Stead however believes that the mine’s expansion will not destroy sacred sites or traditional land.
12 September
A report released by Richard Harding, Inspector of Custodial Services, says that Western Australia (‘WA’) has an appalling prison health profile and has recommended that the State’s Health Department take on the role of dealing with the health of prisoners. One impediment to this is the State’s denial of medicare-funded general practitioner services to inmates.
12 September
The Federal Government has called for the scrapping of the permit system in the Aboriginal Land Rights Act (Northern Territory) 1976 (Cth) to increase media visits. Indigenous Affairs Minister, Mal Brough, says that the permit system prevents the media from holding perpetrators of violence and abuse accountable. Indigenous leader Lowitja O’Donohue has given her support to the abolition of the system.
13 September
The New South Wales (‘NSW’) Minister for Aboriginal Affairs, Milton Orkopoulos, has today announced reforms to Aboriginal land councils which include changes to accountability requirements. Under the changes, land councils will not be authorised to sell land or establish business entities without the approval of members and the NSW Aboriginal Land Council. The NSW Aboriginal Land Council will also have unrestricted access to the financial records of local Aboriginal land councils’ related corporate entities.
13 September
After successfully contesting the Queensland State election, Premier Peter Beattie has abolished the Department of Aboriginal and Torres Strait Islander Policy, moving it into the Communities Ministry. Minister Warren Pitt is the Communities Minister.
15 September
A landmark case in which a 16-year-old Aboriginal girl was the first person in WA charged under the State’s new racial vilification laws has been thrown out of court. Magistrate Kate Auty found an assault charge against the girl proven but said that the words used by the girl at the time of the offence did not constitute ‘serious, substantial or severe’ racial vilification under the law.
16 September
The National Indigenous Council (‘NIC’) has condemned the Federal Government for failing to institute significant change for Indigenous Australians since the abolition of the Aboriginal and Torres Strait Islander Commission. NIC Chair Sue Gordon said that the NIC ‘gave further consideration to the Government’s 20- to 30-year vision … and decided that … economic development should be given more emphasis.’
19 September
The Federal Court has today ruled in favour of the native title claim by the Nyoongar people over an area covering 193,956km[2] . Justice Murray Wilcox ruled in favour of the claimants in the Single Nyoongar Claim which was lodged in the court three years ago. The ruling means that land covering Perth and its surrounds, where native title has not been extinguished by legislative or executive acts, can be used for the practice and teaching of traditional laws and customs. The WA Government has said that it ‘does not accept’ the ruling and is considering appealing the decision.
19 September
Issues such as mandatory reporting of family violence and the enforcement of parole conditions in the NT have been raised in the inquest into the beating death of an Indigenous woman. The man responsible for her death – her husband – was on parole for a previous attack on the woman when he fatally beat her. Some have remarked that the violence on the victim was well known and that mandatory reporting of its own would not have saved her but that it may be a positive step to addressing issues of family violence.
21 September
The Prime Minister has announced that the Federal Government is considering an appeal against the Federal Court’s decision in the Single Nyoongar Claim. John Howard said he believes that the decision is inconsistent with principles previously set out by the High Court. Opposition leader Kim Beazley also questioned the decision. In response, the South-West Land and Sea Council has called on the State Government ‘to negotiate and develop consent determination and the determination of native title on the claim area.’ Kim Beazley’s position on the matter has seen dissent from other Labor Party members including the party’s President, Warren Mundine who said the hysteria over the ruling was unfounded and that the decision merely recognised that ‘Aboriginal culture is a continuing, living culture’.
26 September
The Premier of Tasmania, Paul Lennon, has announced his plan to introduce legislation to Parliament in October for the compensation of the State’s stolen generations. Mr Lennon said that he hopes that ‘the legislation … can achieve unanimous support of both houses of the Tasmanian Parliament because that will send a very powerful message to the rest of Australia about what needs to be done if we’re to advance Aboriginal reconciliation.’
27 September
Queensland’s Deputy Coroner, Christine Clements, has found that Senior Sergeant Chris Hurley was responsible for the death of Mulrunji Doomadgee on Palm Island in November 2004. Ms Clements is not authorised to recommend murder charges against the officer but has rejected the Senior Sergeant’s explanation for the death of Mr Doomadgee. Police had claimed that the fatal injuries Mr Doomadgee had received were the result of a ‘scuffle’ during the arrest. In addition to finding that Mr Doomadgee shouldn’t have been arrested for drunkenness in the first place, Ms Clements found that the police investigation into the matter was ‘inappropriate’ and ‘deficient’ in the lead-up to the Crime and Misconduct Commission taking carriage of the case. Forty recommendations were made by the Deputy Coroner after it was found that recommendations from the Royal Commission into Aboriginal Deaths in Custody had not been adhered to.