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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Aboriginal Law Bulletin --- "Queensland - The State of Play" [1981] AboriginalLawB 12; (1981) 1(1) Aboriginal Law Bulletin 9


Queensland - The State of Play

Garth Nettheim has prepared a report for the International Commission of Jurists (Australian Section) on the legal position of Aborigines and Torres Strait Islanders in Queensland. The report is to be published later in the year by George Allen & Unwin. It is a similar project to that published in 1973 under the name 'Out Lawed', but takes into account various developments over subsequent years (such as the Aurukun and Mornington Island confrontation in 1978), and subsequent judicial decisions and Commonwealth and State legislation.

The different chapters deal with conflicting Commonwealth and State policies regarding the place of Aborigines in Australian society; the background to the current Queensland legislation; the extent of consultation preceding the Queensland legislation; the administration of the Aborigines Act and the Torres Strait Islanders Act; the legal status of reserves and Aboriginal shires; access to reserves and shires, mining, self-management, financial arrangements, courts and court proceedings; the regulation-making power, and the issue of discrimination.

The overall situation is evaluated with particular reference to the International Convention on the Elimination of Racial Discrimination and the International Covenant on Civil and Political Rights - a number of infringements are identified.

A final chapter considers the possible impact on Aboriginals and Islanders if the Queensland Government presses ahead with its proposals to repeal the Queensland Acts.


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