Aboriginal Law Bulletin --- "Update: Review of Heritage Protection Act; Constitutional Reform Conference; Erratum; Editorial" [1995] AboriginalLawB 59; (1995) 3(78) Aboriginal Law Bulletin 2

• Update
• Review Of Heritage Protection Act
• Constitutional Reform Conference
• Special Edition
• Increase In Subscription Prices
• Goodbye Jen!!
• Erratum
• Editorial

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Update

Review of Heritage Protection Act

The Minister for Aboriginal and Torres Strait Islander Affairs, Mr Robert Tickner, has appointed the Hon Elizabeth Evatt AC to undertake an independent and comprehensive review of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth).

This review aims to examine the effectiveness of the Act in providing protection for objects and areas of significance to Indigenous Australians, the effectiveness of the interaction between State and Territory indigenous heritage protection legislation and the Act, and any other relevant matters.

The closing date for submission is 31 January 1996. Copies of the terms of reference can be obtained through Ms Marlene Luck or Ms Karen See on [phone] phone or [phone] fax.

Constitutional Reform Conference

The 'Constitutional Reform Conference: An Indigenous Perspective' has been convened by the Constitutional Reform Advisory Committee (which was appointed by the ATSIC Board of Commissioners). It will discuss sovereignty, a Treaty, a Bill of Rights, the implications of a republic to Indigenous people, and the preamble to the Australian Constitution. The Conference will be held in Adelaide on 11, 12 and 13 February 1996.

The Prime Minister will be invited to open the Conference, and the Hon Gough Whitlam will be invited to address it. Forty indigenous leaders will be invited to partake in panel discussions. The Torres Strait Regional Authority and each of ATSIC's Regional Councils are invited to send a representative. Unfortunately, due to budgetary constraints attendance will be limited. However, Mr Charles Perkins, Chair of the Committee has suggested that Indigenous people advise their Regional Council of their views to ensure these are represented at the Conference.

Special Edition

The February 1996 edition of the Aboriginal Law Bulletin will be a special issue focusing on legal and related issues of concern to Australian Indigenous women. As such, it will be a follow up to the Women's Issue published over 5 years ago, in October 1990. Contributors are invited to submit articles by 9 February 1996.

Increase in Subscription Prices

Subscription costs will rise by $10.00 in 1996. The Aboriginal Law Bulletin has not increased its subscription rates since December 1991; the current prices do not nearly reflect true production costs. However, we will accept subscription cheques at 1995's prices up to 12 January 1996.

Goodbye Jen!!

Jennifer Kremmer, editor extraordinaire and multi-disciplinary talented artist, has left the Aboriginal Law Bulletin for a greener spot. Jennifer has been an editor with the ALB since August 1993. Everyone in the Aboriginal Law Centre hopes she will have fun without us (as if it were possible!) and wishes her the best of luck for the future.

Erratum

The article 'Aboriginal Cultural Heritage: Tasmania and La Trobe University' featured in October 1995's Aboriginal Law Bulletin was mistakenly attributed only to Kate Auty. It was also written by Sarah Gebert. Sarah Gebert is a solicitor with the Victorian Native Title Unit. The Bulletin apologises to Sarah for any inconvenience caused.

Editorial

The 'Deaths in Custody Australia' Report Number 9 (September 1995) by the Australian Institute of Criminology makes interesting, though depressing reading. The Report compiles figures on the number of deaths in custody, and custody-related operations, around Australia for the year 1994. During that time, 80 people in total died in custody; 13 were Indigenous. This means that while Indigenous Australians make up less than 2% of the population, during 1994 they represented 16% of all custodial deaths. Of these, 2 deaths were women, the other 11 men. Breaking the figures down State by State, we find 3 Indigenous people died in NSW, I in Victoria, 4 in Queensland, 3 in WA, 1 in SA and 1 in the NT.

During 1994, the 'relative risk' of dying in prison if you were an Indigenous, as opposed to a non-Indigenous person, was 17.48; and your risk of dying in police custody was similarly high, at 9.53 times that of non-Indigenous detainees.

The Report's conclusion is worthwhile quoting at length: '[T]he total number of people who died in prison custody during 1994 is equal to the highest figure recorded in Australia since data were first collected in 1980. The number of Aboriginal prison deaths in 1994 is substantially higher than that observed at any time over the last fifteen years. This suggests that key recommendations of the Royal Commission [Into Aboriginal Deaths in Custody] ... are either not being fully implemented or, when they are, are not operating effectively ... [T]here is clearly a need for stronger action by all governments to implement the recommendations of the Royal Commission ... and to evaluate their impacts on the frequency of ... people dying while in the care of the state'. The only disagreement one might have with the authors of the Report is that 'care of the state' is a contradiction in terms.