Aboriginal Law Bulletin
|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Aboriginal Law Bulletin |
|
The NSW Government has announced the closure of 26 local welfare offices. This represents a loss of a quarter of all offices statewide. Many of the offices to be closed are in country areas - some with large local Aboriginal populations such as in Brewarrina, Coonamble, Wellington, Cobar and Dareton. One effect of the closures will be to limit direct access to welfare services. Another consequence will be the loss of immediate assistance to Aboriginal youth facing criminal charges. NSW already has a poor record in relation to the incarceration of Aboriginal young people on criminal matters. According to a paper presented at the Australian International Congress on Corrections (1988), NSW has both the highest rate per 100,000 and the highest number of Aboriginal youth committed to institutions in Australia. The loss of local offices is likely to further limit the provision of diversionary schemes.
The AboriginalLB (No36) reported that an 18 year old Aboriginal youth had been charged with offensive behaviour under the new Summary Offences Act for wearing a T-Shirt. ([1989] AboriginalLB 1; 2(36)pg2) The NSW Chief Magistrate Clarrie Briese dismissed the case. Briese referred to the second reading speech of the NSW Attorney-General when the Bill was originally debated in Parliament and argued that the intent of the legislation was not to censor the expression of political ideas. Somewhat more disturbing is that the particular use of the Summary Offences Act in Walgett was not an isolated incident. In Bourke an Aboriginal youth was arrested and charged for wearing the same T-Shirt when he went to Bourke police station to report an offence. According to local legal service lawyers, other Aborigines were threatened with arrest while wearing the T-Shirt during an Australia Day rally in Bourke. The Summary Offences Act NSW 1988 also carries a new offence of violent disorder with a maximum penalty of 6 months imprisonment. The offence was lifted from the British Public Order (1986).
Many Aboriginal people, including juveniles, have been charged with the new offence in the north-west of the State. To date no cases have been determined. It is clear that fears about the misuse of the new public order legislation are being realised.
The NT Government's Aboriginal Areas Protection Bill 1988, proposes amendments which would severely infringe Aboriginal peoples' control over secret information and the protection of sacred sites. The legislation envisages changes to the registration and declaration of Aboriginal sites and the abolition of the present Aboriginal Sacred Sites Protection Authority (ASSPA).
Although the Territory Government commissioned the Martin report into the ASSPA, they have chosen to ignore the report's recommendations. The NT bill, if enacted, would transfer extensive powers to the Minister including:
After angry responses from Aboriginal people throughout the NT, Manzie the NT Minister for lands, withdrew the bill from the Legislative Assembly's February sitting. The Bill is however due to come before the Assembly's May sitting following "further Consultation" with Aboriginal people.
The Central and Northern Land Councils' minimum requirement for the protection of sacred sites includes the absolute right of Aboriginal custodians to control the protection of their sites. To register your support for Aboriginal sacred site protection in the NT write to Gerry Hand (Federal Minister for Aboriginal Affairs ) and Mr. Manzie (Minster for lands in the NT).
On April the 12th Senator Irina Dunn read statements from several Ngarindjerri people to the Senate. The statements gave accounts of alleged harassment and assaults. A spokesperson from the Murray Bridge community, Mr. Allan Campbell said,
... Since the findings came down, our people have been systematically picked up, threatened and bashed. Police are arresting people on minor charges and once in the cells, threatening to hang them, telling them 'You're a dead boong' and brutally bashing them. They've been doing it openly in the streets as well.
Senator Dunn called for Detective Jenkins and Detective King to be charged with assault on Aborigines in Murray Bridge and for the officers to be suspended. In addition at least 7 Aborigines from Murray Bridge are taking independent legal action to lay charges against police.
In 1988, due to pressure brought by the Western Desert Puntukumupama, the eastern half of the Karlamilyi (Rudall River) National Park was declared an exclusion zone in which mining and exploration are banned This ban has no firm legislative backing and can be revoked by the state government of the day. The uranium deposit at Kintyre (located within a woman's site) is not within the exclusion zone and is awaiting an alteration to the ALP's three-mine policy to go ahead. The Community is calling for:
1) Aboriginal control over traditional land;
2 No mining or exploration without properly consulting the relevant Aboriginal people;
3) Security of land tenure for the Aboriginal people living in Karlamilyi (Rudall River) National Park;
4) Aboriginal management of the National Park, including employment of Aboriginal Rangers.
AustLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.austlii.edu.au/au/journals/AboriginalLawB/1989/13.html