AustLII Home | Databases | WorldLII | Search | Feedback

Indigenous Law Bulletin

Indigenous Law Bulletin
You are here:  AustLII >> Databases >> Indigenous Law Bulletin >> 2007 >> [2007] IndigLawB 40

Database Search | Name Search | Recent Articles | Noteup | LawCite | Author Info | Download | Help

Hunter, Catherine; Houston, Jacqui; Tao, Frank --- "Recent Happenings July 2007" [2007] IndigLawB 40; (2007) 6(28) Indigenous Law Bulletin 28

Recent Happenings July 2007

compiled by Catherine Hunter, Jacqui Houston and Frank Tao

1 July

Federal Health Minister Tony Abbott has compared the health checks on children in Northern Territory (‘NT’) Aboriginal Communities to random breath tests when questioned on their efficacy. While the NT Chief Minister stated that her advice had been that compulsory health checks could not be enforced, Mr Abbott confirmed his belief that imposing welfare penalties on uncooperative parents was different to legal compulsion in the manner that ‘a random breath test is compulsory.’

2 July

Despite previously dismissing as ‘ludicrous’ claims that the NT intervention was a land grab, the Federal Government had today outlined the legal rights, including rights to compensation, associated with compulsory acquisition. Now, Federal Indigenous Affairs Minister Mal Brough says that after the Government’s five-year acquisition is finished, communities will be offered 99-year leases.

3 July

Dr Mark Wenitong of the Australian Indigenous Doctors Association (‘AIDA’) has called for a ‘complete overhaul’ of nutritional programs, coupled with availability of fresh and healthy food. ‘Any long-term health monitoring will show that poor nutrition is having profound effects in Indigenous communities… There really needs to be subsidies to keep freight costs down.’

3 July

A group of women from town camps in Alice Springs, NT, have accused police of brutality after one of their women was left with injuries after a raid on town camps last week. While an official complaint has yet to be lodged, the women say that police kicked the victim in the ribs and sprayed her with pepper spray. Police say the victim became violent toward police and that they acted in self defence. The victim was taken to police cells where she was visited by Tangentyere Day Patrol.

6 July

Three judges of the Federal Court have upheld the dismissal of a claim by five Yankunytjatjara and Pitjantjatjara people for compensation at the extinguishment of their native title. The Court held that the claimants had failed to prove that native title rights had existed over the land.

10 July

Maori MP Hone Harawira has labeled Australian Prime Minister John Howard a ‘racist bastard’ for his intervention into NT Aboriginal communities. According to Mr Harawira: ‘All Howard has done is generate more anger and bitterness in the Aboriginal community, a lot of which is going to be internalised.’

17 July

Federal Indigenous Affairs Minister Mal Brough has announced that, as part of the Federal Government intervention, municipal services in a number of NT Aboriginal communities will be defunded at the end of September. The Federal Government has yet to announce how these services will be delivered after this time.

19 July

Minister Brough has announced $48 million in welfare reform over four years for Cape York communities in far north Queensland. From 1 January 2008 the Government can withhold payments if the parents’ children fail to attend school, and control the use of welfare money for drugs and alcohol. Parents convicted or domestic violence, drug or alcohol offences will be subject to family budgets imposed by the Government. The Community Development Employment Projects (‘CDEP’) program is being replaced with work-for-the-dole programs or training.

23 July

About 20 Indigenous church leaders across Australia met in Alice Springs recently to discuss the Federal Government’s approach to the child abuse issue in the NT. The leaders believed that while intervention was necessary, the use of the police and the army to take over the communities was misdirected. Chairman of the National Aboriginal and Torres Strait Islander Christian Alliance, Reverend Max Wright, stated that the key was empowerment, not disempowerment.

24 July

Senior community leaders in Maningrida have removed Jackie Pascoe from a justice committee designed to protect children from abuse. Mr Pascoe was convicted in 2002 for unlawful sexual intercourse with his then 15-year-old promised wife. In 1995, Mr Pascoe was gaoled for the manslaughter of a former wife. The removal of Mr Pascoe was in response to wide dissatisfaction about his appointment, with questions of the committee's legitimacy. There were also claims that the Government had refused to work with the committee with Mr Pascoe on board. NT Justice Minister Syd Sterling praised Maningrida's decision.

24 July

A new study has revealed that every female homicide victim in the NT in 2005-06 was an Aboriginal woman. Furthermore, 91 per cent of male victims were Indigenous men. Author Jenny Mouzos concluded that the statistics are indicative of the poorer living conditions of many Indigenous people. The significant time it takes for a victim in a remote area to receive medical attention is a major factor for the overrepresentation of Indigenous homicide victims.

30 July

The Yanyuwa people from Borroloola continued their legal action against Swiss miner Xstrata in the Federal Court in Darwin. They claim the Federal Government should not have allowed Xstrata to divert the McArthur River near the Gulf of Carpentaria, by 5.5km. Neil Williams, the lawyer for the Yanyuwa people, claim the then Environment Minister Senator Campbell failed to follow proper process in his decision to sign off on the project.

30 July

Western Australia (‘WA’) has appointed Neil Fong to the newly created position of Assistant Commissioner of Aboriginal Justice. Mr Fong, the former Director of the Office of Aboriginal Health, will address the overrepresentation of Aboriginal people in WA gaols. Margaret Quirk, the Minister for Corrective Services, identified that Aboriginal people made up 43 per cent of the WA prison population. However in May, WA Supreme Court Chief Justice Wayne Martin warned that there is a limit as to what the justice system can do without corresponding improvements in health, education, employment and housing.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.austlii.edu.au/au/journals/IndigLawB/2007/40.html