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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Aboriginal Law Bulletin --- "Recent Happenings" [1996] AboriginalLawB 43; (1996) 3(81) Aboriginal Law Bulletin 18


Recent Happenings

14 April

The ATSIC board heard recommendations by a delegation of Indigenous leaders concerning changes to the structure and function of ATSIC. The recommendations were made in the face of changes mooted by the Federal Government, which it was feared would undermine the autonomy of ATSIC. Amongst other suggestions were a separation of ATSIC’s administrative functions from the policy work of its elected arm, a fitness and proprietary clause for candidates for ATSIC elections, and a reduction in the size of regional councils.

15 April

The ATSIC Board and the Minister for Aboriginal and Torres Strait Islander Affairs, senator John Herron, after a 4 hour meeting failed to agree on proposed Federal Government changes to the functioning of ATSIC.

16 April

The Environment Minister, Senator Robert Hill, stated the Federal Government has an electoral mandate to proceed with plans for the mining of uranium in Kakadu National Park. The Australian Conservation Foundation’s Executive Director, Mr Jim Downey, stated an inquiry would be needed to asses possible social, legal and environmental consequences which could not be dealt with by an environmental impact statement. Senator Hill said an inquiry would be unnecessary, as the 1976-77 Fox Inquiry had already dealt with such issues.

16 April

The Wik People’s native title case was removed from the Federal Court to the High Court. The High Court hearing, which will consider whether grants of pastoral leases on landholdings in Queensland extinguished native title, commenced on 11 June.

17 April

Justice Olney of the Federal Court, Melbourne, agreed to hear land claims lodged by the Yorta Yorta people in Victoria under both the Native Title Act 1993 (Cth) and common law principles of possessory title. The claim is scheduled to be heard on 28 October.

17 April

It was reported the the Wakka Wakka Aboriginal Legal Service, based near Cherbourg, Queensland, had issued a directive to not represent Indigenous people accused of offences which, in their nature, are ‘obnoxious and abhorrent to elders and members of the Cherbourg community’. It is believed personal offences are encompassed by this directive.

19 April

Justice Elizabeth Evatt described the NSW legislation protecting Indigenous material heritage as insulting and paternalistic, and inferior to legislation in SA, WA and the NT. Justice Evatt is conducting a review of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth).

21 April

SA Attorney-General Trevor Griffin said the cost of the SA Government’s Hindmarsh Island (Kumarangk) Royal Commission was $2.06 million. Premier Dean Brown had originally said the investigation would cost less than $1 million.

22 April

The Prime Minister, Mr John Howard, told the Aboriginal and Torres Strait Islander Social Justice Commissioner, Mr Mick Dodson, that proposed changes to the Native Title Act were not aimed at destroying the legislation.

23 April

Discussions were held between Torres Strait Islander and Senator Herron on Masig (Yorke) Island in Queensland, concerning the proposal for the Torres Strait region to become financial self-managed.

24 April

A 22 year old Aboriginal man was found hanged in his prison cell at the C W Campbell Remand Centre in Canning Vale WA, and died at about 7pm.

1 May

A 42 year old Aboriginal man died in police custody at Nguiu in the Tiwi Island, NT. He was found hanged at 11.15 pm. Attempts by a doctor to revive him failed.

3 May

Justice Doug Drummond of the Federal Court declined to grant an injunction against construction of a gas pipeline over land subject to a native title claim by the Gunggari people of south-west Queensland.

5 May

The NSW Attorney-General, Mr Jeff Shaw, announced the appointment of Mr Robert Bellear as a judge in the NSW District Court. The appointment is the highest rank yet obtained by an Indigenous Australian in the judicial system.


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