Aboriginal Law Bulletin
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On the first of July 1980, Mr Charles Perkins, as Chair, oversaw the inauguration of the Aboriginal Development Commission (ADC). The ADC was established by the Aboriginal Development Act of 1980, to further the social and economic development of Aboriginal people. This it has done through housing and project/ enterprise programmes. It is a successor to the Aboriginal Land Fund Commission and the Aboriginal Loans Commission.
The Commission has a Board often Aboriginal members who propose and direct policy decisions. They are appointed by the Governor-General, on the advice of the Minister for Aboriginal Affairs.
For the first time since its inception the ADC has had a full time Chair appointed. Mrs Shirley McPherson, an auditor from Perth, is the new appointee, though she has been a Commissioner of the ADC since 1983.
There are three new Commissioners for the ADC this year. Firstly, Ms Alison Anderson, who is also Chair of the Papunya Community Council, member of the Central Australian Aboriginal Legal Aid Service and delegate to the Central Land Council.
The second appointee is Pastor Ossie Cruse MBE, who is also a member of the World Council of Indigenous Peoples, and former member of NAC.
The third new Commissioner is Mrs Zona Martin, a foundation member of the QEB Aboriginal and Torres Strait Islander Legal Service and remains an executive member and state representative of the Legal Service.
The South Australian Aboriginal Customary Law Committee, SAACLC, (not to be confused with the Australian Law Reform Commission's Customary Law reference) has been in existence since 1978.
The SAACLC is currently comprised of Dr David Hope, an anthropologist currently working at the Aboriginal Task Force, South Australian Institute of Technology and Judge JW Lewis of the District Court in South Australia who is Chair.
Their funding has, in the past, been provided by the Institute of Criminology, of the Australian Capital Tenitory and some funds have been received from the South Australian Government The SAACLC is presently negotiating for funds to further their work, particularly in respect of research in the Pitjantjatjara community at Yalata.
A report of significance published by the SAACLC is the 'Children and Authority in the North West'. Released in August 1984, it was the major report after an Interim Report of December 1981.
As a report dealing with the north west of South Australia, it was concerned with the Pitjantjatjara people. Here the Report examined the nature of community gaps, between 'modem events' and 'traditional coping institutions'. Obviously allied issues such as alcohol, police, police aides, courts, remand centres and local management of offences are examined. In addition the report includes a series of photographs for the purpose of giving readers who have not been to the north west, some idea of the communities and conditions.
In the next issue of the AboriginalLB, we will present a summary of what is the present situation two years after the report made its recommendations.
For further information in connection with the SAACLC contact the Chair of the Committee:
Judge JW Lewis Judge's Chambers, District Court, Adelaide SA 5000.
John Kirkwood, who died on 4 January 1986, at the age of 37, had been a lecturer in the Low Faculty, University of NSW, since 1977. He was very much involved in the areas of legal aid and social security low, and made important contributions to the operation of the Aboriginal Legal Service, Redfern Legal Centre, Kingsford Legal Centre, and the Welfare Rights Centre. He was also a member of the NSW Legal Services Commission, and of the Social Security Appeals Tribunal.
A scholarship fund in honour of John Kirkwood, to be known as the John W Kirkwood Memorial Scholarship in Law, has been established at the University of New South Wales. Contributions are now invited to the fund which will be used to provide assistance to students suffering financial hardship.
Cheques should be crossed, marked 'Not negotiable', and made payable to the University of New South Wales, and sent with details of the donors name and address, and reference to the scholarship fund, to:
Ms Ethal Gallo
Faculty of Law University of NSW PO Box 1
Kensington NSW 2033
Donations of $2.00 or more are tax-deductible.
The Deputy Prime Minister, Mr Bowen, announced the formation of a Constitutional Commission on 19 December 1985, chaired by Sir Maurice Buyers. The Commission will be assisted In its huge task of reviewing the Constitution by 5 advisory committees. Of special relevance to Aboriginal people is the advisory committee on individual and democratic rights.
This committee is looking at the best ways to insure and promote individual rights of Australian people, whether the Constitution should spell out guarantees of democratic rights, and, if so, what guarantees should be enshrined in our Constitution.
Professor Garth Nettheim, before he left for study overseas, prepared a submission calling for a Constitutional guarantee of the rights of Australia's indigenous peoples - the Aborigines and the Torres Strait Islanders. He pointed out that such recognition is vital for a number of reasons, one of the most important being that 'most western Bills of Rights - and indeed the International Bill of Rights - are concerned with the lights of individuals', and the 'rights of peoples, as such, receive limited recognition'. Professor Nettheim suggested the Advisory Committee look to the new Canadian Constitution, and in particular the inclusion of a Charter of Rights and Freedoms, and provisions on the rights of Aboriginal people.
The important features of the Canadian Constitution relevant to Australia are listed by Prof Nettheim as follows:
(1) The clear slatement that general guarantees of rights and freedoms should not derogate from aboriginal rights or freedoms;
(2) The acknowledgement of aboriginal rights;
(3) Establishment of a process for identifying and defining aboriginal rights;
(4) Special protection of aboriginal rights by the entrenchment of a special procedure to alter those rights.
The Advisory Committee is required to report to Parliament by April 1987, but written submissions are still being accepted. The Advisory Committee is also conducting Public Hearings on the dates listed below, when oral submissions may be made.
A more detailed agenda is obtainable from AboriginalLB or the Secretary, Constitutional Commission, PO Box E2, St James NSW 2000.
Phone: (02) 29 8505; toll free: (008) 02 3103.
Sydney: 25 October
Hobart: 1 November
Launceston: 2 November
Alice Springs: 7 November
Darwin: 8 November
Perth: 15 November
Canberra: 22 November
Albury: 23 November
Brisbane: 2 December
Rockhampton: 3 December
Townsville: 4 December
Cairns: 5 December
The Aboriginal Land Rights Act 1983, was amended by Parliament on 29 April 1986, assented to by the Governor on 2 May and gazetted on 16 May 1986.
Amendments affected sections, s. 12 (functions of a local Aboriginal Land Council); s.20 (functions of a Regional Aboriginal Land Council); s.33 (Accounts, Audits of Accountability); s.36 (Land Claims), s.37 (Travelling Stock Reserves); s.44 (Rates); s.56; s.57 (Administration); s.59 (Disputes).
A training manual prepared by Tranby Aboriginal College for the Land Council Training Program is available from:
Tranby College,
13 Mansfield Street, Glebe NSW 2037.
Amendments to the Act can be obtained from:
Government Information Centre, GPO Box 3896, Sydney 2001.
In late 1985, the New South Wales National Parks and Wildlife Act (Regulations) was amended, giving Aboriginal people certain hunting and gathering rights in New South Wales.
The new regulations permit Aboriginal people to hunt native animals, other than birds of prey, parrots and endangered fauna, for their own domestic purposes on land which they own or to which they have legal access rights. It does not permit hunting and gathering in national parks or in other lands managed by the National Park and Wildlife Service (NPWS).
A list of 'Endangered Fauna' and 'Protected' plants is obtainable from the NPWS. The rights to hunt and gather also covers dependents of Aborigines, whether Aboriginal or not.
Sections 47 and 48 of the NSW Aboriginal Land Rights Act 1983, provides for Local Aboriginal Land Councils (LALC) to obtain rights of access for any specified Aborigines or group of Aborigines for hunting, fishing or gathering purposes.
The LALC may negotiate agreements with the owner or occupier. If the LALC is unsuccessful in obtaining access rights they can apply to the NSW Land and Environment Court for a permit conferring access rights.
All applications to the Court must first be lodged with the Registrar, Aboriginal Land Rights Act 1983.
Information concerning the restrictions on the hunting or gathering of fish or shell life may be obtained from the Fisheries Section of the Department of Agriculture.
Mr Ken Gabb, a lawyer, is the new Minister for Aboriginal Affairs and Minister for Mineral Resources in New South Wales. His offices are at Level 30, Legal and General House, Bent Street, Sydney. The phone number is (02) 232 5211.
Since Ms Pat O'Shane's decision to leave the Ministry of Aboriginal Affairs as Secretary, and to accept a position of Magistrate in New South Wales, Mr David Pollard has been Acting Secretary of the Ministry while also being Acting Registrar for the NSW Land Rights Act (1983).
In the last issue of the AboriginalLB ([1986] AboriginalLB 42; 1(21)pg2) a note, 'ACOA v DAA', reported on how the Administrative and Clerical Officer's Association (ACOA) had gone to the Conciliation and Arbitration Commission in order to establish redundancy awards to cover employees of Aboriginal corporations funded by the Department of Aboriginal Affairs.
The ACOA were successful in obtaining an interim award between the ACOA and the NSW based Family Resettlement Aboriginal Corporation (FRAC). The workers of FRAC were now entitled to redundancy payments.
The FRAC intended to pay for the redundancy payments, now that DAA had refused to continue funding, by selling the assets, mainly 5 cars.
However, recently the DAA obtained a court order from the Supreme Court of NSW which effectively froze FRAC's assets. The case is pending for late October.
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URL: http://www.austlii.edu.au/au/journals/AboriginalLawB/1986/49.html