Aboriginal Law Bulletin --- "Update: Aboriginal and Torres Strait Islander Social Justice Commission; Aboriginal Justice Advisory Committee" [1993] AboriginalLawB 54; (1993) 3(65) Aboriginal Law Bulletin 2

• Update – December 1993
• Aboriginal And Torres Strait Islander Social Justice Commission
• Aboriginal Justice Advisory Committee

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Update –
December 1993

Aboriginal and Torres Strait Islander Social Justice Commission

The Commonwealth Government's current approach to social justice for Aboriginal and Torres Strait Islander people is fundamentally flawed because it is based on a welfare model rather than the recognition of indigenous rights and entitlements, Aboriginal and Torres Strait Islander Social Justice Commissioner Mick Dodson says in his first report to Federal Parliament.

Describing Australia's indigenous people as the "poorest, sickest, most ill educated, most chronically unemployed, most arrested and most imprisoned people in the country", Commissioner Dodson calls for a decent standard of health and life expectancy to be recognised as an entitlement rather than as something to be "given" to "passive recipients of government largesse".

"The present Commonwealth approach still constructs the notion of social justice for indigenous people primarily on the basis of our needs and disadvantages rather than our entitlements", Commissioner Dodson says.

"This is not to deny that the facts by themselves call out for a remedy. Nor is it to deny that compassion is a proper response. But compassion is an insufficient foundation for the delivery of rights.

The welfare based model relies largely on government initiatives and government discretion to identify priorities, formulate policy and deliver programs.

It is essentially a model based on the benignly intentioned but destructive paternalism which underpinned past assimilation policies."

The report, tabled by the Attorney-General in Parliament on 23 November 1993, calls for a recognition of the right to self determination for Aboriginal and Tones Strait Islander peoples.

"Recognition of this right is sought on the basis of inherent entitlement and not as a privilege conferred by government policy", Commissioner Dodson says.

'The right to self determination is an inherent right of distinct peoples, recognised in international law. The Aboriginal and Torres Strait Islander peoples assert that we have always possessed, and continue to possess, distinct identities as indigenous peoples."

The failure to recognise the indigenous rights of Aboriginal and Torres Strait Islander peoples has been reflected in the current debate over native title, Commissioner Dodson says. There remain people of power and influence who refuse to acknowledge a right to land based on traditional laws and customs if it impinges to the slightest degree on their interests.

The Commissioner describes Western Australian Premier Richard Court as carrying the "torch" of his father, former Premier Sir Charles Court. Sir Charles had expressed views which gave no guidance to the future but reflected back to a time when 'black fellas knew their place on the fringe of the colonial camp", Commissioner Dodson says.

Mick Dodson was appointed as Australia's first Aboriginal and Tones Strait Islander Social Justice Commissioner in January this year. His major function is to submit an annual report to the Federal Attorney General on the enjoyment and exercise of human rights by Aboriginal and Tones Strait Islander people.

For further information:
Karin Torv - Ph: [phone](w)

Aboriginal Justice Advisory Committee

The first meeting of the Aboriginal Justice Advisory Committee (AJAC) was held on 10 June 1993. The Committee was established by the Attorney-General (NSW), The Honourable Mr John Hannaford MLC, in response to a recommendation of the Royal Commission into Aboriginal Deaths in Custody.

The members of the Committee are :

Dr Bob Bellear (Chairman)

Mr Lloyd McDermott (A-G's Nominee)

Mr Boe Rambaldini (Minister for Police's Nominee)

Mr Harold Hunt (Minister for Justice's Nominee)

Mr Steve Gordon (ATSIC's Nominee)

Mr Danny Chapman (NSW Aboriginal Land Council's Nominee)

Ms Julie Anne Perkins (Community Representative)

Ms Mary Aim Hausia (Community Representative)

Mr Jim Wright (Community Representative).

The Committee is an independent body established to consider and advise the Attorney-General on law and justice issues which affect Aboriginal people in their contact with the criminal justice system in NSW.

Such matters will include, but are not limited to:

• The implementation of the law and justice recommendations contained in the National Report of the RCIADIC.
• Proposals for change to policies and practices which affect the operation of the Criminal justice system.
• Programs for crime prevention which enhance Aboriginal selfmanagement and autonomy.
• Programs which increase the employment of Aboriginal people to the staff at all levels of criminal justice agencies.
• Proposals for policies and programs which affect the criminal justice system and which are of significance either at a national level or to other States in addition to NSW.

Further, a priority for the AJAC is to establish a co-ordinated national body to tackle the issues of law and justice for Aboriginal people at all levels; national, state and regional.

Mr James Evans has been appointed to provide assistance to the AJAC and an office has been established within the Attorney-General's Department.

The address for this office is:
Aboriginal Justice Advisory Committee
Attorney-General's Dept
Level 16
Coodsell Building
8-12 Chifley Square
Sydney NSW 2000
Ph: [phone]