An analysis of the high court in mabo v queensland decision

The shaded sections of text in the following pages are extracts from the Uluru Statement from the Heart. The continent was occupied by our people and the footprints of our ancestors traversed the entire landscape. Our songlines covered vast distances, uniting peoples in shared stories and religion.

An analysis of the high court in mabo v queensland decision

The NT government is informed of the decision at the same time that the press conference by the Prime Minister and Minister for Indigenous Affairs.

The bills are pages long. All five Bills pass through the House of Representatives on the same day they are introduced. The authors of the Little Children are Sacred report provide a lunchtime briefing to members of the Committee after they are not invited to give evidence to the inquiry.

Only non-government members of the committee attend the briefing. Government ministers respond to the concerns raised in the Alert Digest on 15 August They receive Royal Assent and are enacted as legislation on 17 August The legislation has already been passed by Parliament by this time and so these concerns are not considered 14 September The Northern Territory National Emergency Response Act Cth is amended by the Northern Territory National Emergency Response Amendment Alcohol Act Cth to introduce exemptions for tourists to alcohol restrictions.

Laws with retrospective operation | ALRC

The amendments came into force on 14 September Table 1 shows that there was limited consideration of the legislation by the Parliament, with extremely circumscribed timeframes for analysis despite the complexity and potential implications of the legislation. The legislative process had entirely concluded within 10 days of the bills being introduced to Parliament.

The bills were referred to the committee on 8 Augustwith a public hearing to be conducted on 10 August and the committee to table its report by 13 August Almost every witness before the Senate Inquiry, as well as those that made written submissions to Parliament on the legislation, noted with regret the inability of the primary stakeholders to meaningfully interact with the process that was being set up to govern them.

Of the first 70 submissions to the Senate Committee inquiry, 67 voiced concerns with the Bills and requested that they either be subject to further amendment and consultation, or be rejected.

However, this was accompanied by significant concerns about the methods to be adopted for the intervention. The then Opposition, the Australian Labor Party, acknowledged the importance of addressing child abuse as a matter of urgent national significance.

Any longer term plan should establish a framework for the achievement, in partnership with the Northern Territory Government and Indigenous communities, of the recommendations set out in the Little Children are Sacred report.

Permits on Aboriginal land: That the blanket removal of the permit system on roads, community common areas and other places be opposed.

That access without a permit for agents of the Commonwealth or Northern Territory Government to facilitate service delivery such as doctors or other health workers be supported, and greater public scrutiny of Aboriginal communities in the Northern Territory be facilitated by allowing access to roads and common town areas, without a permit, by journalists acting in their professional capacity, subject to restrictions relating to the protection of the privacy of cultural events such as sorry business.

An analysis of the high court in mabo v queensland decision

That the Government should negotiate with affected communities prior to the acquisition of property. A twelve month review of the intervention measures should particularly focus on the compulsory acquisition of 5 year leases over communities due to their potential impact.

Compensation for acquisition of property: That it is an absolutely fundamental principle that the Commonwealth Government should pay just terms compensation for the acquisition of property from anyone, anywhere in Australia.

Any suggestion that services or infrastructure, which all Australians have the right to expect their governments to provide, should be considered as contributing to compensation for the acquisition of the property rights of Indigenous people should be absolutely rejected.

Eddie Koiki Mabo | Australian Institute of Aboriginal and Torres Strait Islander Studies

The effectiveness of the income management measures in stabilising communities, and stemming the flow of money to alcohol should be identifiable after 12 months.

A review should focus on this issue, particularly given significant concerns about the practicality of welfare quarantining on the ability of Indigenous peoples to travel between outstations and homelands, and to go back to remote areas for cultural and ceremonial reasons such as funerals.

Compliance with the Racial Discrimination Act: Observing the integrity of the Racial Discrimination Act is a basic principle for this country and a basic principle for the Indigenous community of this country.

Accordingly, the provisions in the bills suspending the operation of the Racial Discrimination Act should be opposed. The Australian Greens and Australian Democrats also noted that the failure of the government to consult with Indigenous communities about the proposed measures amounted to a failure to comply with the very first recommendation of the Little Children are Sacred report.

It contained the following recommendations: That the operation of the measures implemented by the bills be continuously monitored and publicly reported on annually through the Overcoming Indigenous Disadvantage framework para 3.

What was its impact?

That the Northern Territory Emergency Taskforce make publicly available its strategic communications plan as well as other operational plans, within six months, and the long term plans being developed in relation to the intervention, within 12 months; and that information regarding significant revisions to these plans should be provided in the Overcoming Indigenous Disadvantage report para 3.

That the operation of the measures implemented by the bills be the subject of a review two years after their commencement, particularly to ascertain the impact of the measures on the welfare of Indigenous children in the Northern Territory.

A report on this review should be tabled in Parliament para 3. That a culturally appropriate public information campaign be conducted, as soon as possible, to allay any fears Indigenous communities in the Northern Territory may hold, and to ensure that Indigenous people understand how the measures in the bills will impact on them and what their new responsibilities are para 3.

That the Australian Government should closely examine the need for additional drug and alcohol rehabilitation services in the Northern Territory and, if necessary, provide additional funding to support those services para 3. That the committee recommends the Senate pass the bills para 3.

The bills were then passed by the Senate without substantial amendment on 17 August Nelson Rolihlahla Mandela born 18 July is a South African politician who was the President of South Africa from to , the first ever to be elected in a fully representative and multi-racial election.

His administration focused on dismantling the legacy of apartheid, as well as tackling racism, poverty and inequality. Oct 22,  · Just a heads up, the US has put out a document verifying what I have been saying that what is known as the Common Core in the US is linked to Australia’s new curriculum and the OECD’s Definition and Selection of Competencies along with 21st century skills (UNESCO, OECD.

and the World Bank) are all driving everything in the .

Indigenous Australian politics

From Part 1 of 'The High Court In Mabo ' by LJM Cooray (). What did the High Court decide in Mabo v Queensland ()? This is a question which no one can answer with any degree of certainty. Mabo v Queensland was a case involving the claims of the Meriam peoples to the Murray Islands.

Terra nullius (/ ˈ t ɛ r ə. n ʌ ˈ l aɪ ə s /, plural terrae nullius) is a Latin expression meaning "nobody's land", and is a principle sometimes used in international law to describe territory that may be acquired by a state's occupation of it.

Early definitions. The legal historian, John McCorquodale, has reported that since the time of white settlement, governments have used no less than 67 classifications, descriptions or definitions to determine who is an Aboriginal person.

An analysis of the high court in mabo v queensland decision

The High Court decision in the Mabo v. Queensland (No.2) altered the foundation of land law in Australia and the following year the Native Title Act (Cth), was passed through the Australian Parliament.

Mabo v Queensland (No 2) - Wikipedia