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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Aboriginal Law Bulletin --- "News: Big Meeting in NSW; New High Court Judges; Queensland Nationals Try to 'Buy' Aboriginal Votes; The Aboriginal Deaths in Custody Watchdog Committee" [1986] AboriginalLawB 56; (1986) 1(23) Aboriginal Law Bulletin 3


News

Big Meeting in NSW

Over four days of meeting, 250 delegates from 115 local Aboriginal Land Councils In NSW formulated future policy for Land Councils.

Many Issues were discussed at Valid Park on the NSW north coast with the delegates agreeing on matters such as heritage, accountability and the restrictive nature of the recent amendments to the NSW Aboriginal Land Rights Act.

Delegates expressed a need for further legislation in the area of Aboriginal Heritage. One of the main recommendations from the Select Committee Report on Aborigines in NSW (1980), was that an Aboriginal Heritage Commission be established. At present there is no NSW Parliamentary Act that adequately addresses the question of Aboriginal heritage.

In relation to the recent NSW Aboriginal Land Rights Act amendments, Aboriginal Land Councils re-affirmed their responsibilities in accountability, bath financially. and politically. All Land Councils are at present working to implement uniform accounting systems.

Aboriginal Land Councils in NSW have stated that office bearers of the Aboriginal Land Councils must be accountable to the Aboriginal Land Councils. Funds distributed under the NSW Aboriginal Land Rights Act are to be used for the purposes of purchasing properties, and establishing enterprises and development in local community programmes.

There was extreme concern regarding the amendments which further restricted the areas of land which Aboriginal People can claim under the NSW Aboriginal Land Rights Act. According to the Act, Aboriginal people can claim the following categories of Crown Land:

In addition, the Aboriginal Land Councils strongly condemned the processing of Aboriginal land claims within the Aboriginal Land Claims Unit.

Out of a total number of 2,788 land claims submitted to the Aboriginal Land Claims Unit, by the Aboriginal Land Councils of NSW, so far only 260 land claims have been granted. The total area granted is 1,403 hectares.

The NSW Aboriginal Land Councils emphasise that the control and ownership of land be maintained at the Local Aboriginal Community level, and that back up support and resources be organised at the Regional Aboriginal Land Council. level. The NSW Aboriginal Land Rights Act is a significant piece of legislation and Aboriginal people are making f work.

Karen Flick

(NSW ALC information officer)

New High Court Judges

While most of the media has focussed its attention on the first woman to be on the High Court, Miss Mary Gaudron QC, it is appropriate that the AboriginalLB spotlight the other new appointment - Mr Justice John Toohey.

Justice Toohey graduated from university with first class honours in Law. The second class honours for that graduating year was awarded to Robert Hawke, now known as PM Bob.

While head of the Bar in Western Australia, John Toohey took a year off in 1974 to act as a solicitor to help set up the Aboriginal Legal Service in Port Hedland.

In April 1977 John Leslie Toohey was appointed to the Federal Court, the Northern Territory Supreme Court and became the first Aboriginal Land Commissioner. While he was the Commissioner between 1977 and 1982 he recommended fifteen land claims and one application for sea closure.

In 1984 the Judge had a report published entitled Seven Years On, which was a review of the Aboriginal Land Rights Act (NT) 1976, seven years after its inception.

While as a Justice of the Federal Court he has heard on appeal many cases dealing with criminal matters touching on issues of tribal punishment and customary law, especially in considerations of sentencing. The Judge was also consultant to the Australian Law Reform Commission's reference on Customary Law.

The Constitutional Commission is comprised of six people and Justice Toohey is a member. It is obvious from the history briefly outlined above, that Justice John Toohey was a very interesting appointment to the High Court and one the future may hold as positive to the Aboriginal people of Australia.

The AboriginalLB in a previous issue ([1982] AboriginalLB 5; 1(3)pg8) published an interview with Mr Justice Toohey when he was Aboriginal Land Commissioner.

Queensland Nationals Try to ‘Buy’ Aboriginal Votes

The National Party Govemment of Joh Bjelke Petersen in Queensland ran a cynical campaign to 'buy' the votes of Aborigines to improve its chances of winning marginal seats in the north in the State election.

The government announced plans to pay award wages to Aborigines and Torres Strait Islanders working as State public servants on reserves. The approximately 550 workers were due to get their increase on 1 November, the some day as the State election.

For decades, Aborigines employed by the Queensland Government have received low wages, mainly 20 per cent below the award. At the same time as the Bjelke Petersen Government said it finally intends to pay them their due, however, it also announced plans to cut the number of Aboriginal workers it employs.

A number of marginal electorates like Townsville in Queensland's north have a significant Aboriginal vote. The Nationals hoped to exploit Aboriginal anger about the Federal Labor Government’s turn on its promise to pass national land rights legislation.

However, Aboriginal communities were not impressed by the timing of the announcement or the government's apparent belief that Black workers would vote National because at long last they were to be paid at the same rate as every other public servant in Australia.

At the same threes the statement an award wages, the Queensland Minister for Northern Development and Community Services, Bob Katter, re-announced the govemment's policy to give deeds of grant in trust (DOGITS) to Aboriginal councils on reserves.

Much publicised by the Queensland Government's as 'land rights', the DOGITs are nothing of the sort. The government will decide which land is included in a DOGIT and can resume parts of a reserve at any time in the future.

Fringe and city dwellers are not eligible for the land grants. Traditional Aboriginal lands not gazetted as reserves and sacred sites are not covered by the DOGITs.

Land covered by a DOGIT cannot be leased, sub-let, mortgaged or transferred without permission from the Minister for Aboriginal and Islander Affairs.

In addition to all these restrictions; the DOGITs are clearly intended to destroy collective ownership of land-which is what Aborigines demand-and to impose private ownership instead.

Handing over a deed of grant in trust to the Hopevale Reserve Community Council in August this year, Mr Katter said: 'Under deeds of grant, Aborigines and Torres Strait Islanders can not privately own homes, farms, commercial and cattle operations, the same as anyone else in Queensland or Australia.'

Aboriginal activist Bob Weatherall commented that the Bjelke Petersen Govemment 'has not addressed basic human rights. The effect of the deeds of grant in trust has been to break up kinship ties through individual leases'.

TUCAR NEWSLETTER, No. 14, November 1986

(NSW Trade Union Committee on Aboriginal Rights)

The Aboriginal Deaths in Custody Watchdog Committee

Aboriginal people and their- supporters have fought a hard campaign to bring the truth of Aboriginal deaths in custody to light. We are beginning to get support and we are having some success. However, the deaths continue.

It is no good kidding ourselves that by putting on a Speaking Tour, getting media coverage, or having a Royal Commission, will put a stop to the racism, inequalities, and injustices which are the causes of the brutal deaths of Aboriginals in custody. These deaths are linked to the attacks on Aboriginal land rights, on Aboriginal culture, and on all areas of Aboriginal social life. It will be a long fight, before this society is transformed into a non-racist, non-exploitative, just and equal society, where Aboriginal rights ore respected.

We must act now to begin mat transformation. There are many Australians, with many religious, ethnic and political backgrounds who recognise the injustices done to Aboriginal people. The Deaths in Custody Speaking Tour by relatives of the dead Aborigines showed this, and helped motivate organisation.

They also understand the implications of those injustices occurring for all Australians. If the abuse of the civil and human rights of the most oppressed sector of Australian society is allowed toga unchecked, then it is only a matter of time before the some injustices are committed on other groups of people in our society.

At present, the Committee to Defend Black Rights is inviting organisations and individuals to join in the establishment of an Aboriginal Deaths in Custody Watchdog Committee. In October, the Labor Lawyers National Conference passed motions to co-sponsor the setting-up of such a committee and in calling for a Federal Royal Commission into Aboriginal Deaths in Custody.

Since then, discussions have begun with Aboriginal Land Councils, Aboriginal Legal and Medical Services, Church, Human Rights, unions and other groups, about what such a committee could do, and how it might work.

One way to discourage moist police and warders from attacking people is to be able to mount a quick public response and investigation whenever there are abuses of the rights of Aboriginals in custody. So, one aim of the Committee is to monitor the relations between Aboriginals in custody and police and warders, and to respond whenever injustices occur.

Another aim is to use the resources and skills of the various groups in the Watchdog Committee to look at areas where reforms of the legal and custodial systems are necessary, and to lobby for changes.

In the short term, the Watchdog Committee can use its resources and lobbying capacities to put pressure on the Hawke Government to implement a Federal Royal Commission into Aboriginal Deaths in Custody. It is planned that by lute February 1987, o broad-based Watchdog Committee will be functioning. During March and April, a public launching of the Committee will broaden its membership, its public face, and its impact, so that it can begin to. effectively act on its aims. At that time, the submission for a Federal Royal Commission should be presented to Aboriginal Affairs . Minister, Mr Holding, and pressure will be directed at the Government to set up a Royal Commission.

Any individuals, or organisations who want to join this effort to challenge racism are welcomed in the Aboriginal Deaths in Custody Watchdog Committee. Please contact the Committee to Defend Black Rights for more details and meeting dates.

Phone: Office (02) 6989826, or Helen, Matt, Rose (02) 660 3444.


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