Indigenous Law Bulletin

Since 1981 the Indigenous Law Bulletin ('ILB') has provided Indigenous and non-Indigenous readers from diverse personal and professional backgrounds with quality commentary on the relationship between Indigenous peoples and the law. The ILB provides a space for people in the community to write about the impact of the Australian legal system upon Indigenous Australians. It has facilitated discussion, celebrated legal achievements and attracted commentary from some of the country’s leading legal minds.

Journal article

30 Jan 2017

The history of compensation determinations under the Native Title Act 1993 (Cth) (NTA) is not a positive one for native title claimants. In the 19 years from the enactment of the NTA until the 2013 decision De Rose v State of South Australia there had...

Journal article

30 Oct 2016

All peoples around the world have stories that honour the waters that surround coastlines, flow over lands and pool in valleys. Indigenous peoples do too. This Māori prayer above inspires a call for governments to ‘rise up’ to legislate for the values, rights and interests...

Journal article

11 May 2016

On 7 February 2016, public housing tenants from the remote Aboriginal community of Santa Teresa in the Northern Territory commenced unprecedented legal action against the CEO of the Northern Territory Department of Housing in an attempt to address the poor state of housing in their...

Journal article

8 Mar 2016

VULNERABLE CONSUMERS MUST BE PROTECTED FROM UNSCRUPULOUS BOOK UP OPERATORS

While acknowledged as a necessary service with numerous benefits, particularly for those living in regional and remote areas, 'book up' (an informal credit provision offered by stores or other traders to Indigenous customers)...

Commentary

Article

18 Jan 2016

The paperless arrests regime is just another brick in the wall of the Northern Territory’s obsession with mass incarceration, argues North Australian Aboriginal Justice Agency’s Jonathon Hunyor in the latest edition of the Indigenous Law Bulletin .

Journal article

12 Nov 2015

Torres Strait Islander traditional adoption has been the subject of political and legal debate for decades. While the law has given consideration and limited recognition to Torres Strait Islander adoption, the case of Eatts v Gundy (‘ Eatts ’) in Queensland raises once more the...

Journal article

1 Mar 2015

This article describes some of the work that North Australian Aboriginal Justice Agency does when representing parents and families to assist them to overcome the trend towards removal.

Introduction

The Northern Territory is a place of extremes: extreme heat, extreme beauty, extreme...

Journal article

1 Mar 2015

On the 18 February 2015 the Northern Territory Parliament passed an amendment to the Care and Protection Act 2007 (NT) establishing a scheme of permanent care orders for children and young people on other long-term orders under the Act. Of key interest for this article...

Journal article

27 Jan 2015

Constitutional recognition and change for the benefit of Australia’s First Peoples has recently emerged as the focus of Indigenous politics.

This article critiques the ‘top-down’ nature of the constitutional recognition movement, specifically the Recognise campaign. It highlights the campaign’s contribution to the‘politics of distraction’...

Journal article

30 Nov 2014

The constitutional recognition campaign has received party-wide support and its efforts have been promoted by Prime Minister Tony Abbott as being something that would 'complete our Constitution.' The broader rhetoric surrounding this campaign suggests that it will result in a just, albeit delayed, recognition of...

Journal article

11 Aug 2014

In 2013, the Aboriginal Legal Service of Western Australia (Inc) (‘ALSWA’) received funding from the Federal Government to support the activities of the Royal Commission into Institutional Responses to Child Sexual Abuse (‘RCIIRCSA’). Since its inception, ALSWA has been a strong advocate for recognition of,...

Journal article

1 Jun 2014

During most of the nineteenth and twentieth centuries, Australian governments developed a number of practices that ensured they and their agencies controlled the wages, savings and benefits of Indigenous people. Today, these practices are known as the stolen wages practices. They have substantially impacted upon...

Article

16 Apr 2014

Introduction: Throughout the legal profession and law schools of Australia, people are exploring how to increase the number of Aboriginal and Torres Strait Islander members of the legal profession. I recently visited universities in Canada, the USA and New Zealand (‘CANZUS’) to learn about the...

Journal article

4 Mar 2014

This article argues that native title has the potential to be an empowering process, but that achieving this requires a clear and economically valuable property right that supports Indigenous governance and traditions and long term prosperity.

Introduction

The 20th anniversary of the...

Article

20 Jun 2013

Under section 18C of the Racial Discrimination Act 1975 (Cth) (‘the Act’), it is unlawful to publicly do any act which is reasonably likely to offend, insult, humiliate or intimidate another person or group if the act is done because of the race, colour, nationality...

Journal article

19 Jun 2013

As a result of increased advocacy for justice reinvestment in recent years, the Australian Legal and Constitutional Affairs Committee is conducting an Inquiry into the value of a justice reinvestment approach to criminal justice in Australia. The Australian Human Rights Commission’s former Aboriginal and Torres...

Journal article

1 Jan 2013

The potential benefits of training Indigenous people living in remote and regional communities in the skills of mediation, negotiation and facilitation has been recognised by a number of reports and discussion papers on alternative dispute resolution ('ADR') and Indigenous people.1 These benefits have been said...

Research report

28 Sep 2012

This article provides a critical analysis of some of the seven proposals put forward to regulate and amend the Aboriginal Heritage Act 1972. Reference is made throughout to Aboriginal heritage legislation in other Australian jurisdictions. We do not mean to suggest any of this legislation...

Article

6 Oct 2011

When former Prime Minister Kevin Rudd made a formal apology to the stolen generations his actions were widely acclaimed as an acknowledgement that was long past due, and of significant value. Although the Apology did not seek to directly address any of the constitutional or...

Journal article

14 Mar 2011

Jason Behrendt shares his views on the interpretation of Section 36(1) of the Aboriginal Land Rights Act 1983 (NSW) that allows for claims to Crown lands and the position of the Crown Lands Minister in relation to the local Aboriginal land council.

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