Aboriginal Law Bulletin --- "Update Part One October 1994: Protection of Aboriginal and Torres Strait Islander Arts and Cultural Expression; Native Title Determination; New NNTT Procedures; New Aboriginal Law Centre Publications" [1994] AboriginalLawB 48; (1994) 3(70) Aboriginal Law Bulletin 2

• Update-Part One October 1994
• Protection O F Aboriginal And Torres Strait Islander Arts And Cultural Expression
• Questions
• Native Title Determination
• New Nntt Procedures
• New Aboriginal Law Centre Publications
• Reporter:
• Index And Table Of Contents:
• "Indigenous Peoples: Issues For The Nineties"

---

Update - Part One

October 1994

Protection o f Aboriginal and Torres Strait Islander Arts and Cultural Expression

The Federal Government is currently discussing a better way to protect and promote Aboriginal and Torres Strait Islander arts and cultural expression. The following issues (and any others you would like to add) are up for discussion, and the Government invites you to comment.

Questions

• What are your experiences of 'rip-offs' of Aboriginal and Torres Strait Islander arts and cultural expression?
• Please describe the Aboriginal and Torres Strait Islander arts and cultural expression produced by you that should be protected by the law?
• What should happen if an artist, musician or dancer from outside your community uses the traditional images, designs, songs or dances of your community without its permission?
• What should happen if a memberr of your community misuses any traditional images and designs of your community?
• If disagreements between people and your community arise over the use of your traditional arts and cultural expression, what do you think should be done?
• How do you think Aboriginal and Torres Strait Islander arts and cultural expression should be protected by the Australian legal system?
• Do you think that there should be new laws which would either:

•	protect Aboriginal and Torres Strait Islander arts and cultural expression from being copied without permission by others?
•	allow communities to charge fees when people want to copy or use traditional designs, images, songs or dances?

• Should the new law do both these things or anything else which is not mentioned?

The Government will shortly release an Issues Paper, Intellectual Property Protection for Aboriginal and Torres Strait Islander Peoples: Stopping the Rip-Offs. The Issues Paper will provide an overview of present copyright law, relevant case law, limitations in the protection for Aboriginal and Torres Strait Islander arts and cultural expression, and options for addressing the limitations in the present protection. The Issues Paper is available from the Attorney General's Department (tel: [phone]) and also contains the above questions.

In the December Aboriginal Law Bulletin, Catherine Hawkins from the Attorney-General's Department will discuss the Issues Paper and the Government's objectives in this area.

The purpose of the questions set out above is to get information about problems with the protection Aboriginal and Torres Strait Islander arts and cultural expression. The information received will hopeful aid the Government to find better ways of protecting them.

Comments are welcome in al format (written, faxed, audio-taped or telephoned) and the contact deta are as follows:

Ms Catherine Hawkins
Business Law Division
Attorney-General's Department
Robert Garran Offices
National Circuit
BARTON ACT 2600
Tel: [phone] Fax: [phone]

Native Title Determination

The National Native Title Tribunal's first determination was a ruling that native title does not exist on 3.7 hectares of land in a proposed residential subdivision near Gympie, about 165 km north of Brisbane.

This is the first decision under the Commonwealth's Native Title Act 1993. Tribunal member Sean Flood ruled on October 5 that previous Crown dealings in the land, which had been designated as a 530-metre roadway, were wholly inconsistent with the continued enjoyment of the rights and interests of any prior Aboriginal native title holders.

However, Mr Flood said that the small area of land concerned lay within the traditional country of the Gubbi Gubbi Aboriginal people and his decision had no bearing on any future application by the Gubbi Gubbi people.

The unopposed non-claimant application was brought by Gympie landowners Donald and Daphne Clarkson. Other parties to the application, which was advertised in July and August, were the Queensland State Minister for Lands and the FAIRA Aboriginal Corporation.

New NNTT Procedures

The National Native Title Tribunal has issued revised procedures for Applications for Native Title Determinations and Compensation, taking effect from 12 September 1994, replacing procedures originally issued on 16 May 1994.

Also issued as Appendix A to the Procedures are new Guidelines in relation to claims over freehold land and certain leaseholds. Contact:

National Native Title Tribunal
GPO Box 9955
PERTH WA 6001
Tel: [phone] Fax: [phone]

New Aboriginal Law Centre Publications

Reporter:

The Aboriginal Law Centre is developing a new publication to complement the Aboriginal Law Bulletin. Tentatively titled the Aboriginal Law Reporter, it will be published four times a year and will cover

• selected decision of courts and tribunals, including significant unreported past decisions;
• significant new legislation and policy developments;
• relevant inquiries, including discussion papers, calls for submissions, and reports;
• substantial articles.

Coverage will extend to relevant developments concerning indigenous peoples in other countries and at the international level. The Reporter will allow more comprehensive and extended coverage than is possible with the AboriginalLB. The AboriginalLB will continue to offer a succinct and selective review of topical issues and comment.

The Reporter is funded for the first year by the Law Foundation of New South Wales. It will be published by the Centre in conjunction with International Business Communications Pty Ltd.

Index and Table of Contents:

The Index and Table of Contents for Volume 2 of the AboriginalLB (issues 31-60) is currently being printed, and advance orders are being taken at a cost of $7.50. It can be supplied together with the Index and Table of Contents for Volume 1 (issues 1-30) at a cost of $10. (Orders already sent to us have been delayed by staff and funding uncertainties. These will be sent shortly.)

"Indigenous Peoples: Issues for the Nineties"

The special thematic issue of the University of NSW Law Journal (1993) is available at a discounted price of $20 (including postage) from:

The Editors, UNSW Law Journal
Faculty of Law, UNSW
Sydney NSW 2052

The articles and authors are as follows:

Foreword:

Patrick Dodson

Judicial Revolution or Cautious Correction? Mabo v Queensland:

Garth Nettheim

The Mabo Judgment in the Light of Imperial Land Policy:

Henry Reynolds

A National Aboriginal Policy?:

Peter Hanks

Aboriginal Title: Equal Rights and Racial Discrimination:

Greg McIntyre

The Fiduciary Obligations of the Crown to Aborigines: Lessons from the United States and Canada:

Camilla Hughes

Fishing, Hunting and Gathering Rights of Aboriginal Peoples in Australia:

Desmond Sweeney

Looking After Country: Legal Recognition of Traditional Rights to and Responsibilities for Land:

Graeme Neste

The Waitangi Tribunal: "Conscience of the Nation ", or just Another Court?:

Richard Boast

Self-Determination: The Limits of Allowing Aboriginal Communities to be a Law unto Themselves:

Frank Brennan

Aborigines and Police:

Hal Wootten