Aboriginal Law Bulletin
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At its last meeting in Sydney, the Steering Committee of the Aboriginal Law Research Unit discussed a proposal to stage a national conference of Aboriginal Legal Services. The last conference was held in Alice Springs in 1978.
As yet no firm plans have been made but it is hoped that a conference in Sydney on 20-21 November 1982 may eventuate. It seems. appropriate that ALS directors, lawyers and non-legal staff be invited to attend such a conference. Suggested topics for discussion include land rights, Aboriginal customary law and the work of the Australian Law Reform Commission, the Makarrata, police interrogation of Aborigines, field officers' training, mineral resource negotiations, 'burn-out' and turnover of ALS, staff, m national ALS secretariat, a national association of ALS lawyers, in-service training for ALS lawyers, records and statistics, a comparative look at North American legal centres for indigenous peoples.
Before further action is taken to arrange a conference, it is necessary to determine whether legal services throughout Australia would be prepared to send representatives. At this stage, it appears that travel and accommodation expenses would have to be met by delegates to the conference. Please direct comments to Neil Rees, Faculty of Law, University of NSW, PO Box 1, Kensington, NSW, 2033. (tel. (02) 398 6366).
When the Queensland Court of Criminal Appeal heard Percy Neal's appeal against the severity of a two month term of imprisonment imposed by a Cairns Magistrate, it increased the sentence to six months imprisonment (see (1982) 4 AboriginalLB 13-14). Neal, chairman of the Aboriginal Reserve community at Yarrabah, appealed to the High Court which on 25 June, allowed the appeal. Neal has now commenced to serve the original two months sentence. The High Court's Reasons for Decision have not yet been handed down.
Contributions to offset the cost of the High Court appeal may be sent to the Percy Neal Appeal Fund trustees, McIntyre & Co., solicitors, PO Box 291, Cairns, 4870. (Due to Queensland legal practice requirements, McIntyre & Co. is the name of the Cairns office of the Aborigines and Torres Strait Island Legal Service).
The Aboriginal Legal Rights Movement in South Australia has been considering what action it should take in relation to proposed protest activity' at the Commonwealth Games. The Movement has decided to approach all Aboriginal Legal Services in Australia in the hope that a pamphlet can be produced and jointly endorsed by each of the ALSs. The purpose of the pamphlet would be to examine and explain the Queensland legislation and the provision it makes (and does not make) for Land Rights for members of the Queensland Aboriginal population.
The contact person in Adelaide on this issue is one of the retained solicitors of the Movement, Justin Malbon: phone (08) 223 5988.
The SA Aboriginal Legal Rights Movement has recently commenced proceedings in the SA Supreme Court on behalf of several Aboriginal elders from Central Australia. The elders are seeking access to the collection of the late Professor Ted Strehlow. The collection, now held by the Strehlow Research Foundation in Adelaide, is believed to contain tjuringas and other significant items obtained by Professor Strehlow during his years of work in Central.Ausiralia. The proceedings are based, upon provisions of the SA Aboriginal and Historic Relics Preservation Act 1965 which make it an offence for a person to refuse to enable an Aboriginal person to have free access to, and enjoyment of, relics of their forebears. Private negotiations have so far failed to gain access to the collection.
At a well-attended meeting held in Melbourne on 15 July, discussion took place concerning the possible establishment of an Aboriginal Law Research Unit (Victoria), in association with the already established ALRU at the University of NSW. Professor Garth Nettheim addressed the meeting concerning the formation, current activities and objectives of ALRU (NSW). Support was expressed' for the formation of a similar body in Victoria. The views of Victorian Aboriginal organisations and individuals will be sought before further definite steps are taken. A further Melbourne meeting is planned for 6 p.m., 19 August at I1 Brunswick St, Fitzroy.
The Central Australian Aboriginal Legal Aid Service (CAALAS) has recently been able to open a branch office at Tennant Creek. Funding for the office was made available by the Department of Aboriginal Affairs after numerous submissions by CAALAS. The office is staffed by two field officers. A lawyer from CAALAS will visit the office every two weeks, primarily to deal with cases in the local court. It is hoped that a lawyer from CAALAS will live in Tennant Creek next year. Whether this becomes . a reality depends on funding being made available. At this point it is safe to say that the need for legal services in Tennant Creek (both for Aborigines and non-Aborigines) far outstrips the supply of lawyers.
The chairman of the Human Rights Commission, Dame Roma Mitchell, has announced two studies the Commission is to undertake. The first is a review of the laws, - by-laws and regulations governing the living conditions of Aborigines on Queensland reserves. The review will determine whether the rules governing life on the reserves infringe accepted human rights standards. The second study to be undertaken by the Commission. will focus on human rights issues, particularly as they affect Aborigines, in country towns. The study will soon begin in a NSW town.
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URL: http://www.austlii.edu.au/au/journals/AboriginalLawB/1982/55.html