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Publisher: RMIT Publishing   (Total: 403 journals)

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Showing 1 - 200 of 403 Journals sorted alphabetically
40 [degrees] South     Full-text available via subscription   (Followers: 2)
Aboriginal and Islander Health Worker J.     Full-text available via subscription   (Followers: 11)
Aboriginal Child at School     Full-text available via subscription   (Followers: 4)
About Performance     Full-text available via subscription   (Followers: 9)
Access     Full-text available via subscription   (Followers: 25)
ACCESS: Critical Perspectives on Communication, Cultural & Policy Studies     Full-text available via subscription   (Followers: 10)
Accounting, Accountability & Performance     Full-text available via subscription   (Followers: 13)
ACORN : The J. of Perioperative Nursing in Australia     Full-text available via subscription   (Followers: 16, SJR: 0.103, h-index: 4)
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Advocate: Newsletter of the National Tertiary Education Union     Full-text available via subscription   (Followers: 2)
Agenda: A J. of Policy Analysis and Reform     Full-text available via subscription   (Followers: 1)
Agora     Full-text available via subscription   (Followers: 3)
Agricultural Commodities     Full-text available via subscription   (SJR: 0.102, h-index: 8)
Agricultural Science     Full-text available via subscription   (Followers: 5)
AIMA Bulletin     Full-text available via subscription   (Followers: 4)
AJP : The Australian J. of Pharmacy     Full-text available via subscription   (Followers: 8, SJR: 0.102, h-index: 5)
AlterNative: An Intl. J. of Indigenous Peoples     Full-text available via subscription   (Followers: 7)
Analysis     Full-text available via subscription   (Followers: 4)
Ancient History : Resources for Teachers     Full-text available via subscription   (Followers: 1)
Anglican Historical Society J.     Full-text available via subscription   (Followers: 2)
Annals of the Royal Australasian College of Dental Surgeons     Full-text available via subscription   (Followers: 4, SJR: 0.101, h-index: 11)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appita J.: J. of the Technical Association of the Australian and New Zealand Pulp and Paper Industry     Full-text available via subscription   (Followers: 8, SJR: 0.18, h-index: 27)
AQ - Australian Quarterly     Full-text available via subscription   (Followers: 1)
Arena J.     Full-text available via subscription   (Followers: 1)
Around the Globe     Full-text available via subscription   (Followers: 1)
Art + Law     Full-text available via subscription   (Followers: 11)
Art Monthly Australia     Full-text available via subscription   (Followers: 8)
Artefact : the journal of the Archaeological and Anthropological Society of Victoria     Full-text available via subscription   (Followers: 3)
Artlink     Full-text available via subscription   (Followers: 5)
Asia Pacific J. of Clinical Nutrition     Full-text available via subscription   (Followers: 8, SJR: 0.672, h-index: 51)
Asia Pacific J. of Health Management     Full-text available via subscription   (Followers: 2)
Aurora J.     Full-text available via subscription  
Australasian Biotechnology     Full-text available via subscription   (SJR: 0.1, h-index: 8)
Australasian Catholic Record, The     Full-text available via subscription   (Followers: 7)
Australasian Drama Studies     Full-text available via subscription   (SJR: 0.101, h-index: 2)
Australasian Epidemiologist     Full-text available via subscription  
Australasian Historical Archaeology     Full-text available via subscription   (Followers: 7)
Australasian J. of Early Childhood     Full-text available via subscription   (Followers: 4, SJR: 0.174, h-index: 1)
Australasian J. of Gifted Education     Full-text available via subscription   (Followers: 4, SJR: 0.115, h-index: 3)
Australasian J. of Human Security, The     Full-text available via subscription   (Followers: 3)
Australasian J. of Irish Studies, The     Full-text available via subscription   (Followers: 9)
Australasian J. of Regional Studies, The     Full-text available via subscription   (Followers: 2)
Australasian Law Management J.     Full-text available via subscription   (Followers: 7)
Australasian Leisure Management     Full-text available via subscription   (Followers: 1)
Australasian Musculoskeletal Medicine     Full-text available via subscription   (Followers: 2)
Australasian Music Research     Full-text available via subscription   (Followers: 2)
Australasian Parks and Leisure     Full-text available via subscription   (Followers: 2)
Australasian Plant Conservation: J. of the Australian Network for Plant Conservation     Full-text available via subscription   (Followers: 4)
Australasian Policing     Full-text available via subscription   (Followers: 5)
Australasian Public Libraries and Information Services     Full-text available via subscription   (Followers: 38)
Australasian Review of African Studies, The     Full-text available via subscription   (Followers: 2)
Australian Aboriginal Studies     Full-text available via subscription   (Followers: 9, SJR: 0.109, h-index: 6)
Australian Advanced Aesthetics     Full-text available via subscription   (Followers: 4)
Australian Ageing Agenda     Full-text available via subscription   (Followers: 4)
Australian and Aotearoa New Zealand Psychodrama Association J.     Full-text available via subscription  
Australian and New Zealand Continence J.     Full-text available via subscription   (Followers: 3)
Australian and New Zealand Sports Law J.     Full-text available via subscription   (Followers: 8)
Australian Archaeology     Full-text available via subscription   (Followers: 12, SJR: 0.491, h-index: 15)
Australian Art Education     Full-text available via subscription   (Followers: 6)
Australian Bookseller & Publisher     Full-text available via subscription   (Followers: 1)
Australian Bulletin of Labour     Full-text available via subscription   (Followers: 2)
Australian Canegrower     Full-text available via subscription   (Followers: 2)
Australian Coeliac     Full-text available via subscription   (Followers: 2)
Australian Cottongrower, The     Full-text available via subscription   (Followers: 1)
Australian Educational and Developmental Psychologist, The     Full-text available via subscription   (Followers: 6, SJR: 0.143, h-index: 4)
Australian Family Physician     Full-text available via subscription   (Followers: 2, SJR: 0.364, h-index: 31)
Australian Field Ornithology     Full-text available via subscription   (Followers: 3, SJR: 0.141, h-index: 6)
Australian Forest Grower     Full-text available via subscription   (Followers: 3)
Australian Forestry     Full-text available via subscription   (Followers: 2, SJR: 0.252, h-index: 24)
Australian Grain     Full-text available via subscription   (Followers: 3)
Australian Holstein J.     Full-text available via subscription  
Australian Humanist, The     Full-text available via subscription   (Followers: 5)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 16)
Australian Intl. Law J.     Full-text available via subscription   (Followers: 25)
Australian J. of Acupuncture and Chinese Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.106, h-index: 3)
Australian J. of Adult Learning     Full-text available via subscription   (Followers: 12, SJR: 0.159, h-index: 7)
Australian J. of Advanced Nursing     Full-text available via subscription   (Followers: 9, SJR: 0.225, h-index: 26)
Australian J. of Asian Law     Full-text available via subscription   (Followers: 5)
Australian J. of Cancer Nursing     Full-text available via subscription   (Followers: 10)
Australian J. of Civil Engineering     Full-text available via subscription   (Followers: 3, SJR: 0.17, h-index: 3)
Australian J. of Dyslexia and Learning Difficulties     Full-text available via subscription   (Followers: 8)
Australian J. of Emergency Management     Full-text available via subscription   (Followers: 5, SJR: 0.401, h-index: 18)
Australian J. of French Studies     Full-text available via subscription   (Followers: 6, SJR: 0.1, h-index: 5)
Australian J. of Herbal Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.109, h-index: 7)
Australian J. of Language and Literacy, The     Full-text available via subscription   (Followers: 3, SJR: 0.399, h-index: 9)
Australian J. of Legal History     Full-text available via subscription   (Followers: 19)
Australian J. of Mechanical Engineering     Full-text available via subscription   (Followers: 3, SJR: 0.129, h-index: 4)
Australian J. of Medical Science     Full-text available via subscription   (Followers: 1, SJR: 0.122, h-index: 5)
Australian J. of Multi-Disciplinary Engineering     Full-text available via subscription   (Followers: 2)
Australian J. of Music Education     Full-text available via subscription   (Followers: 3)
Australian J. of Music Therapy     Full-text available via subscription   (Followers: 5)
Australian J. of Parapsychology     Full-text available via subscription   (Followers: 1)
Australian J. of Social Issues     Full-text available via subscription   (Followers: 6, SJR: 0.178, h-index: 20)
Australian J. of Structural Engineering     Full-text available via subscription   (Followers: 6, SJR: 0.296, h-index: 8)
Australian J. of Water Resources     Full-text available via subscription   (Followers: 6, SJR: 0.226, h-index: 9)
Australian J. on Volunteering     Full-text available via subscription   (Followers: 1)
Australian J.ism Review     Full-text available via subscription   (Followers: 7)
Australian Life Scientist     Full-text available via subscription   (Followers: 2, SJR: 0.1, h-index: 2)
Australian Literary Studies     Full-text available via subscription   (Followers: 5, SJR: 0.1, h-index: 6)
Australian Mathematics Teacher, The     Full-text available via subscription   (Followers: 7)
Australian Nursing J. : ANJ     Full-text available via subscription   (Followers: 4)
Australian Orthoptic J.     Full-text available via subscription  
Australian Primary Mathematics Classroom     Full-text available via subscription   (Followers: 2)
Australian Screen Education Online     Full-text available via subscription   (Followers: 2)
Australian Senior Mathematics J.     Full-text available via subscription   (Followers: 1)
Australian Sugarcane     Full-text available via subscription  
Australian TAFE Teacher     Full-text available via subscription   (Followers: 2)
Australian Tax Forum     Full-text available via subscription   (Followers: 2)
Australian Universities' Review, The     Full-text available via subscription   (Followers: 3)
Australian Voice     Full-text available via subscription   (Followers: 3)
Bar News: The J. of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
BOCSAR NSW Alcohol Studies Bulletins     Full-text available via subscription   (Followers: 5)
Bookseller + Publisher Magazine     Full-text available via subscription   (Followers: 5)
Breastfeeding Review     Full-text available via subscription   (Followers: 14, SJR: 0.31, h-index: 19)
British Review of New Zealand Studies     Full-text available via subscription   (Followers: 2)
Brolga: An Australian J. about Dance     Full-text available via subscription   (Followers: 1)
Cancer Forum     Full-text available via subscription   (SJR: 0.143, h-index: 10)
Cardiovascular Medicine in General Practice     Full-text available via subscription   (Followers: 6)
Chain Reaction     Full-text available via subscription  
Childrenz Issues: J. of the Children's Issues Centre     Full-text available via subscription  
Chiropractic J. of Australia     Full-text available via subscription   (SJR: 0.107, h-index: 3)
Chisholm Health Ethics Bulletin     Full-text available via subscription   (Followers: 1)
Church Heritage     Full-text available via subscription   (Followers: 7)
Commercial Law Quarterly: The J. of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Communicable Diseases Intelligence Quarterly Report     Full-text available via subscription   (Followers: 2, SJR: 0.567, h-index: 27)
Communication, Politics & Culture     Open Access   (Followers: 12)
Communities, Children and Families Australia     Full-text available via subscription   (Followers: 1)
Connect     Full-text available via subscription  
Contemporary PNG Studies     Full-text available via subscription  
Context: J. of Music Research     Full-text available via subscription   (Followers: 6)
Corporate Governance Law Review, The     Full-text available via subscription   (Followers: 7)
Creative Approaches to Research     Full-text available via subscription   (Followers: 11)
Critical Care and Resuscitation     Full-text available via subscription   (Followers: 13, SJR: 1.737, h-index: 24)
Cultural Studies Review     Full-text available via subscription   (Followers: 14)
Culture Scope     Full-text available via subscription   (Followers: 2)
Current Issues in Criminal Justice     Full-text available via subscription   (Followers: 9)
Dance Forum     Full-text available via subscription   (Followers: 2)
DANZ Quarterly: New Zealand Dance     Full-text available via subscription   (Followers: 3)
Day Surgery Australia     Full-text available via subscription   (Followers: 2)
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Developing Practice : The Child, Youth and Family Work J.     Full-text available via subscription   (Followers: 19)
Early Days: J. of the Royal Western Australian Historical Society     Full-text available via subscription  
Early Education     Full-text available via subscription   (Followers: 9)
EarthSong J.: Perspectives in Ecology, Spirituality and Education     Full-text available via subscription   (Followers: 1)
East Asian Archives of Psychiatry     Full-text available via subscription   (Followers: 2, SJR: 0.331, h-index: 7)
Educare News: The National Newspaper for All Non-government Schools     Full-text available via subscription  
Educating Young Children: Learning and Teaching in the Early Childhood Years     Full-text available via subscription   (Followers: 14)
Education in Rural Australia     Full-text available via subscription   (Followers: 1)
Education, Research and Perspectives     Full-text available via subscription   (Followers: 10)
Educational Research J.     Full-text available via subscription   (Followers: 15)
Electronic J. of Radical Organisation Theory     Full-text available via subscription   (Followers: 2)
Employment Relations Record     Full-text available via subscription   (Followers: 2)
English in Aotearoa     Full-text available via subscription   (Followers: 1)
English in Australia     Full-text available via subscription   (Followers: 2, SJR: 0.19, h-index: 6)
Essays in French Literature and Culture     Full-text available via subscription   (Followers: 6)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
Eureka Street     Full-text available via subscription   (Followers: 4)
Extempore     Full-text available via subscription  
Family Matters     Full-text available via subscription   (Followers: 13, SJR: 0.259, h-index: 8)
Federal Law Review     Full-text available via subscription   (Followers: 20)
Fijian Studies: A J. of Contemporary Fiji     Full-text available via subscription  
Focus on Health Professional Education : A Multi-disciplinary J.     Full-text available via subscription   (Followers: 7)
Food New Zealand     Full-text available via subscription   (Followers: 4)
Fourth World J.     Full-text available via subscription  
Frontline     Full-text available via subscription   (Followers: 17)
Future Times     Full-text available via subscription   (Followers: 1)
Gambling Research: J. of the National Association for Gambling Studies (Australia)     Full-text available via subscription   (Followers: 5)
Gay and Lesbian Law J.     Full-text available via subscription   (Followers: 2)
Gender Impact Assessment     Full-text available via subscription  
Geographical Education     Full-text available via subscription   (Followers: 3)
Geriatric Medicine in General Practice     Full-text available via subscription   (Followers: 7)
Gestalt J. of Australia and New Zealand     Full-text available via subscription   (Followers: 2)
Globe, The     Full-text available via subscription   (Followers: 4)
Government News     Full-text available via subscription   (Followers: 2)
Great Circle: J. of the Australian Association for Maritime History, The     Full-text available via subscription   (Followers: 8)
Grief Matters : The Australian J. of Grief and Bereavement     Full-text available via subscription   (Followers: 10)
He Puna Korero: J. of Maori and Pacific Development     Full-text available via subscription  
Headmark     Full-text available via subscription   (Followers: 1)
Health Inform     Full-text available via subscription  
Health Issues     Full-text available via subscription   (Followers: 1)
Health Promotion J. of Australia : Official J. of Australian Association of Health Promotion Professionals     Full-text available via subscription   (Followers: 10, SJR: 0.606, h-index: 19)
Health Voices     Full-text available via subscription  
Heritage Matters : The Magazine for New Zealanders Restoring, Preserving and Enjoying Our Heritage     Full-text available via subscription   (Followers: 3)
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
History of Economics Review     Full-text available via subscription   (Followers: 10)
HIV Australia     Full-text available via subscription   (Followers: 3)
HLA News     Full-text available via subscription   (Followers: 7)
Hong Kong J. of Emergency Medicine     Full-text available via subscription   (Followers: 1, SJR: 0.173, h-index: 7)
Idiom     Full-text available via subscription   (Followers: 1)
Impact     Full-text available via subscription   (Followers: 1)
InCite     Full-text available via subscription   (Followers: 24)
Indigenous Law Bulletin     Full-text available via subscription   (Followers: 13)
InPsych : The Bulletin of the Australian Psychological Society Ltd     Full-text available via subscription   (Followers: 3)
Inside Film: If     Full-text available via subscription   (Followers: 8)
Institute of Public Affairs Review: A Quarterly Review of Politics and Public Affairs, The     Full-text available via subscription   (Followers: 12)
Instyle     Full-text available via subscription   (Followers: 1)
Intellectual Disability Australasia     Full-text available via subscription   (Followers: 7)
Interaction     Full-text available via subscription   (Followers: 3)

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Journal Cover Australian Indigenous Law Review
  [16 followers]  Follow
    
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   ISSN (Print) 1835-0186
   Published by RMIT Publishing Homepage  [403 journals]
  • Volume 19 Issue 2 - Reciprocal accountability and fiduciary duty:
           Implications for indigenous health in Canada, New Zealand and Australia
    • Abstract: Kornelsen, Derek; Boyer, Yvonne; Lavoie, Josee; Dwyer, Judith
      There is growing interest among public servants, Indigenous organisations, and scholars in Canada, Australia, and New Zealand in the idea of shifting from classical New Public Management accountability models to models that reflect mutual or reciprocal accountability as a means of delivering more effective and responsive health care to Indigenous communities. However, little progress has been made with respect to developing and implementing workable reciprocal accountability models. In this paper, we argue that a consideration of Indigenous perspectives on reciprocity and accountability is an essential, yet mainly overlooked, component of the development of effective and appropriate accountability models between Indigenous peoples and statebased funders. Indeed, many Indigenous peoples have long histories of engaging in reciprocity-based relationships with each other and their environments. Drawing from Indigenous knowledge in this regard offers novel insights that can inform how models of reciprocity are constructed and understood. More specifically, we argue that consideration of Indigenous perspectives on treaties and treaty-making as a way to interpret the substance of mutual roles and responsibilities enables a shift to models of reciprocal accountability that are based on the mutual building of long-term, trust-based relationships, while also providing a frame that emphasises the maintenance of the sovereignty of the entities that are party to such relationships.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - Placing country at the centre: Decolonising justice
           
    • Abstract: Blagg, Harry; Tulich, Tamara; Bush, Zoe
      After decades of neglect, attention in Australia has recently focused on the inter-generational impact of longterm alcohol use in the form of Foetal Alcohol Spectrum Disorders ('FASD'), and the lack of responsiveness of the justice system to the needs of persons with FASD. FASD is a non-diagnostic umbrella term encompassing a spectrum of disorders caused by prenatal alcohol exposure, including Foetal Alcohol Syndrome ('FAS'), Partial FAS ('pFAS') and alcohol-related neurodevelopmental disorder. While Australian data is limited, the prevalence of FASD in Indigenous communities is indicatively greater than non- Indigenous communities. In 2015, rates of FAS/pFAS of 12 per 100 children were reported in Fitzroy Crossing in the West Kimberley region of Western Australia.4 This is the highest reported prevalence in Australia and on par with the highest rates internationally.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - Judicial indigenous cross-cultural training: What is
           available, how good is it and can it be improved?
    • Abstract: Cavanagh, Vanessa; Marchetti, Elena
      Australian Indigenous focused cross-cultural professional development for the judiciary is an evolving area. In other professional service sectors, such as health and education, cultural safety is becoming the benchmark. However, for the Australian justice sector cultural awareness, and to a lesser extent cultural competency, dominate discussion, and cultural safety is only an emerging discourse. Most judicial officers (indeed most Australian public servants and legal practitioners) would be familiar with the concept of Indigenous cultural awareness as part of their standard professional development training, however, the significance of cultural competency, and the application of cultural safety principles are less well recognised. This paper documents the extent to which Australian judges and magistrates are trained or guided in accommodating the cultural needs of Indigenous courtroom participants. In particular, we review and critique the extent to which Indigenous specific cross-cultural education (in the form of short courses, seminars, conferences, cultural immersion tours, site visits, and as contained in bench books) is currently available for Australian judicial officers. In documenting current practice, we consider whether cultural awareness, cultural competency or cultural safety can be achieved by way of current judicial training and court practice guidelines. Taking into account the experiences of all Indigenous participants in the courtroom, as well as the fact that the over-representation of Indigenous offenders in the Australian criminal justice system continues to be a significant and complex issue, we conclude that it is necessary for judicial officers to be equipped with the capacity to ensure that their courtrooms are culturally safe when having to accommodate the needs of all Indigenous participants.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - Indigenous young people and the NSW children's court:
           Magistrates' perceptions of the court's criminal jurisdiction
    • Abstract: Bartels, Lorana; Bolitho, Jane; Richards, Kelly
      This article presents the findings of a component of the National Assessment of Australia's Children's Courts (the 'national study'). Specifically, this article focuses on the perceptions of magistrates in the New South Wales (NSW) Children's Court ('NSWCC' or the 'Court') in relation to the issues facing Indigenous young people in the Court's criminal jurisdiction generally, and the potential of Indigenous youth courts more specifically. Part II outlines the method for the national study from which this article stems, as well as the method for the NSW component of the study. Part III provides an analysis of NSWCC magistrates' perceptions of challenges and reforms in the Court's criminal jurisdiction as they relate to Indigenous young people specifically, and discusses our analysis in light of findings from the national study from other states and territories. Finally, Part IV briefly considers the key findings of our analysis in light of the current Koori Youth Court pilot.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - The 2016 Sir Frank Kitto lecture: Whither native
           title?
    • Abstract: Webb, Raelene
      '[T]he Meriam people are entitled as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray Islands.' On 3 June 1992, with those words, it is said that the High Court freed Australia from the concept of 'terra nullius'. The decision in 'Mabo' that the common law recognised and protected Indigenous rights in land that existed at the time Britain acquired sovereignty was truly a watershed moment in Australian legal history, shaking the foundation of land law on which British claims to possession of Australia were based.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - 'Two systems of law side by side': The role of
           indigenous customary law in sentencing
    • Abstract: Maxwell, Jack
      Customary law is an integral part of the lives and identities of Indigenous people across contemporary Australia. But its existence alongside Australian criminal law raises complex questions of law and political morality. It seems difficult to reconcile these two systems of law with the principle that all Australians stand equal before the law, and the intuition that people should not be subjected to different criminal sanctions on the basis of race or ethnicity.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - Incarcerating aboriginal and Torres Strait Islander
           women in Australia: Finding a balance in defining the 'just prison'
    • Abstract: Leeson, Sjharn; Rynne, John; Smith, Catrin; Adams, Yolonda
      The over-representation of First Peoples, generally, and women specifically, in Australian prisons is beyond debate. However, Australia has seen a revalorisation of the prison and punitive measures like incarceration as the primary solution to social problems and social disadvantage, despite an array of abolitionist and prison rights campaigns, particularly across New South Wales and Victoria, that have impacted upon governmental and correctional penal reform policies.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - 'Pilki' and 'Birriliburu': Commercial native title
           rights after 'Akiba'
    • Abstract: McCabe, Patrick
      The failure of Australian native title jurisprudence to develop any scope for the recognition of commercial native title rights has been much lamented. This article first briefly summarises that failure, and then turns to describe the Akiba litigation that culminated in the High Court's 2013 decision of 'Akiba v Commonwealth' ('Akiba HC'), and explains how that decision presents an opportunity at last to develop the jurisprudence in a direction more amenable to the recognition of commercial native title rights. I briefly note that the opportunity has not been seized in some recent native title judgments, probably because they were mostly argued prior to 'Akiba HC', before proceeding to discuss the 2014 Federal Court cases of 'Willis on behalf of the Pilki People v Western Australia' ('Pilki'), and 'BP (deceased) on behalf of the Birriliburu People v Western Australia' ('Birriliburu'), the former of which has now been upheld by the Full Court of the Federal Court. These decisions represent the first fruit of the tortuously slow development of the jurisprudence in this area. This article attempts to glean some lessons from those cases that can be applied to future claims for commercial native title rights, before finally looking to the practical ramifications of this development in the law.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 1 - Indigenous child welfare post bringing them home: From
           aspirations for self-determination to neoliberal assimilation
    • Abstract: Libesman, Terri
      In 1997 the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families ('National Inquiry') released its report 'Bringing Them Home ('BTH')'. The National Inquiry found that almost every Indigenous family in Australia is affected by former government policies which enabled the removal of children from their families on the basis of their Indigeneity. About a third of 'BTH' addresses contemporary removals under child welfare, juvenile justice and family law. The National Inquiry found that human rights based law and policy reforms must be implemented to ensure that Indigenous families and communities in Australia never again suffer the forcible removal of their children because of their ethnicity.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Surveillance, stigma, removal: Indigenous child
           welfare and juvenile justice in the age of neoliberalism
    • Abstract: Cunneen, Chris
      This article explores the changes in Indigenous child welfare and juvenile justice in the context of neoliberalism. Neoliberalism is associated with a free market economy involving deregulation, government austerity, free trade and privatisation. One outcome of this has been the greater concentration of wealth and power. This paper is primarily concerned with the values and ideas that underpin neoliberalism. It is argued that neoliberalism has seen a disavowal of colonialism in understanding both child welfare and juvenile justice and is fundamentally assimilationist when it comes to Indigenous people. Two issues in particular stand out when considering the transformation of child welfare and juvenile justice under neoliberalism. The first is the role of managerialism and the related ascendancy of risk-thinking. The second is the rise of responsibilisation and welfare conditionality and its links with criminalisation. Both have led to a growing punitiveness in responses to Indigenous children.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Neoliberalism, settler colonialism and the history of
           indigenous child removal in Australia
    • Abstract: Haebich, Anna
      The publication in 1997 of the 'Bringing Them Home Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families', was a crucial breakthrough in recognition of the genocidal treatment of Indigenous children in Australian history. Tony Birch commented at the time that the public emotional outpourings that followed were 'a reaction of the moment', and he cited Slavoj Zizek's observation that 'in order to forget an event, we must first summon up the strength to remember it properly'. For some white historians, remembering 'properly' began with the commitment to painstakingly research and document the systematic forced removals in settler colonial history. For many remembering 'properly' was ignited by Indigenous testimony to the National Inquiry and reading published autobiographies,5 whose ways of telling and remembering challenge the discourse of western historiography and illuminate the resilience of generations of Indigenous individuals, families and communities.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Social movements and the law: Addressing engrained
           government-based racial discrimination against indigenous children
    • Abstract: Blackstock, Cindy
      Is the law enough to end longstanding racial discrimination perpetrated by a government against Indigenous children or do legal cases need to be situated in a social movement? The Canadian Human Rights Tribunal ('Tribunal') retains jurisdiction in a case brought by the First Nations Child and Family Caring Society ('Caring Society'), and the Assembly of First Nations, alleging the Canadian Government's provision of flawed and inequitable child welfare services on reserves is racially discriminatory contrary to the Canadian Human Rights Act, RSC 1985, c H-6.3 In January 2016, the Tribunal issued a landmark decision substantiating the complaint, and ordering Aboriginal Affairs and Northern Development Canada ('AANDC') to remedy the discrimination. However, a binding Tribunal order in the children's favor may not be enough to improve the children's lives as the Canadian government has vigorously fought this case using a plethora of legal, and on three occasions illegal, strategies to try to derail the case.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Foreword
    • Abstract: Libesman, Terri
      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Lessons from the United States on building more
           effective means of addressing indigenous child welfare issues
    • Abstract: Tatum, Melissa L
      As is unfortunately true for Indigenous children around the world, the statistics describing American Indian and Alaska Native children are devastating. Thirty-six percent of American Indian and Alaska Native children live below the poverty line, as compared to 22 per cent for the population as a whole. Native children have the highest rates of mental health and substance abuse problems; the highest rate of alcohol abuse, the highest rate of gang involvement, and the highest rate of victimisation. Native youth in the U.S. are twice as likely to commit suicide as white youth and three times as likely to commit suicide as other minority youth.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Child wellbeing and protection as a regulatory system
           in the neoliberal age: Forms of aboriginal agency and resistance engaged
           to confront the challenges for aboriginal people and community-based
           aboriginal organisations
    • Abstract: Howard-Wagner, Deirdre
      Nearly 20 years ago, 'Bringing Them Home' acknowledged that, while varying in their aspirations, capacities and awareness of options, community-based Aboriginal organisations are best placed to provide for the wellbeing of Aboriginal families, children and young people. Today, the 'promising practices' of many community-based Aboriginal organisations continue to evidence their important, nonpareil role, which extends beyond functional service delivery - including intercultural mediation between Aboriginal peoples and the state, reconciling the two domains - while achieving the aspirations of Aboriginal people and communities who aspire for a 'deep transformation' of the child wellbeing and protection system. Nonetheless, recognition of the capacity of communitybased Aboriginal organisations still remains under-realised and services relating to the wellbeing and protection of the Aboriginal child and young person remain fragmented.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - The protection of cultural identity in aboriginal and
           Torres Strait islander children exiting from statutory out of home care
           via permanent care orders: Further observations on the risk of cultural
           disconnection to inform a policy and legislative reform framework
    • Abstract: Cripps, Kyllie; Laurens, Julian
      Aboriginal and Torres Strait Islander children continue to be significantly overrepresented across all age groups in the Australian Out-of-Home Care system ('OOHC'). Recent data from the Australian Institute of Health and Welfare paints a worrying trend. From 2010 to 30 June 2015, the rate by which Indigenous children were placed in OOHC care rose from 40.4 to 52.5 per 1000 children. For the same period, the non-Indigenous rate rose only slightly from 5.1 to 5.5 per 1000 children. This disparity was evident across all jurisdictions, though there were fluctuations. Overall, nationally the rate of Indigenous children entering OOHC was 9.5 times that for non-Indigenous children. Of the 43 399 children in OOHC at June 2015, 15 455 were Aboriginal or Torres Strait Islander.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Situating the erosion of rights of indigenous children
    • Abstract: Briskman, Linda
      The paper discusses rights erosion affecting Indigenous children, past and present. It does so by first examining normative human rights exclusions and their impacts. It then turns to discussing how exclusion from core human rights has created systemic exceptionalism. Systematic exceptionalism is demonstrated by examining: first, how Indigenous peoples have been 'banished' from the rights accorded to others, including through physical exile and denigration of identities; and second, how racism and its underpinning of white privilege have been markers of rights erosion in post-colonial Australia. The paper concludes by ruminating on the future. It contemplates whether emotional responses to Indigenous children might be a forerunner to a transformative approach that is emancipatory for Indigenous children and families. Such an approach calls for a new type of conversation that may create more effective engagement of the mainstream with Indigenous Australians and organisations that represent them. It also accords with the way Indigenous peoples have shown they can walk in the shoes of others, an ethic from which non-Indigenous societies can learn.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 18 Issue 2 - Human Safaris: A foucauldian alternative to the law's
           treatment of the indigenous Andaman Jarawa
    • Abstract: Liljeblad, Jonathan
      In early 2012 international news media released a series of videos showing 'human safaris' in India's Andaman Islands in which tourists and tourism operators enticed members of the Indigenous Jarawa people to dance in exchange for food. The videos incited international furore over what appeared to be an act of exploitation that treated the Jarawa as exhibits for tourist amusement and led to allegations that the 'human safaris' constituted violations of international human rights law as well as India's own laws regarding the treatment of Indigenous peoples. The resulting outcry resulted in calls for the Indian state to take action to rectify the plight of the Jarawa in 'human safaris.' Such calls, however, require determination of antecedent questions regarding: 1) what aspects of the tourists' relations with the Jarawa are problematic; and 2) what state actions are preferable in addressing such problems. These questions are of a normative nature in that they involve issues about what constitutes 'appropriate' interactions between tourists and the Jarawa that direct what the government's policies and laws should be seeking in its treatment of India's Indigenous peoples. This suggests that the Indian state can find guidance in formulating a response to the issue of 'human safaris' by a consideration of the normative aspects of the issues involving tourist relations with the Jarawa.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Foreword
    • PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - The role of state governments in native title
           negotiations: A tale of two agreements
    • Abstract: O'Neill, Lily
      A key question in contemporary Australian Aboriginal policy is how to turn wealth derived from resource extraction on Aboriginal land into economic and social prosperity. Large amounts of mineral wealth are being extracted from or near Aboriginal communities, yet Aboriginal people continue to be less educated, live shorter lives and pass on less wealth to their children than their non-Aboriginal counterparts. One method used by Australian Aboriginal people to redress this paradox of 'poverty in the midst of plenty' is agreement-making through negotiation with resource companies. This has been shown to reap great benefits for Aboriginal groups. It has also been demonstrated, however, that traditional owners can encounter significant pitfalls when negotiating agreements with resource companies. This agreement making is largely conducted pursuant to legislation - the 'Native Title Act 1993' (Cth) ('Native Title Act') and land rights legislation - although it can also occur where there is no legislative imperative.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Invisible female indigenous offenders in the youth
           justice system: What's the problem?: An illustration from the northern
           territory perspective
    • Abstract: Ng, Clement
      Aboriginal girls have been regarded as victims in recent years, with many studies examining the systemic abuses and widespread disadvantages in Indigenous communities. However, little is known about their tendency to become perpetrators of crime and their actual involvement in the criminal justice system as offenders. One obvious explanation is that most offences are committed by male youths. In the Northern Territory context, juvenile offenders are mostly Indigenous males. Because of the dominance of Indigenous male delinquents in the youth justice jurisdiction, the experiences of Indigenous female offenders are arguably marginalised and rendered 'invisible'.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Australia's reconciliation process in its
           international context: Recognition and the health and wellbeing of
           Australia's Aboriginal and Torres strait islander peoples
    • Abstract: Davis, Megan
      Australia's reconciliation process is unlike any other in the world. Eschewing the twin pillars of truth and justice - the foundation of reconciliation movements globally - post- 2001 the debate has almost singularly focused on citizenship rights. Reconciliation Action Plans (RAPs) developed by Reconciliation Australia (the post-reconciliation-era entity created to continue the work of reconciliation) are targeted at improving the disparity in employment outcomes in the private and public sector. However, this approach has ostensibly replaced the 'unfinished business' between the state and Aboriginal and Torres Strait Islander peoples, as the core business of reconciliation. The focus on citizenship rights and statistical equality - particularly evident in the post-Howard era - as opposed to Indigenous rights, has permitted the nation to delay and avoid the uncomfortable conversations required to address the anguished disengagement of the first peoples.3 The proliferation of RAPs to the exclusion of the bread and butter of reconciliation movements, truth and justice, is uniquely Australian. It continues despite the displeasure of many with the current reconciliation agenda and RAPs supplanting the aspirations of Aboriginal and Torres Strait Islander peoples which are the genesis of the reconciliation movement. The taxpayerfunded campaign for constitutional recognition, Recognise, similarly animates disquiet within the indigenous polity that Australia is seeking to recognise in the Constitution.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Indigenous communities, environmental protection and
           restorative justice
    • Abstract: White, Rob
      The aim of this article is to discuss the application of restorative justice in the NSW Land and Environment Court ['Land and Environment Court'] in a case dealing with environmental harm that affected a specific Indigenous community. This case is important for several reasons, not the least of which because it remains the only instance in which the Land and Environment Court has utilised restorative justice as part of its proceedings. Of particular interest, as well, is that the case brings to attention several issues pertaining to the status of the non-human victim as well as the human in instances involving environmental harm. These are explored in the latter part of this paper.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Should the Australian constitution establish an
           indigenous advisory body?
    • Abstract: Williams, George
      Australia's long-running debate on whether to recognise Aboriginal and Torres Strait Islander peoples in the nation's Constitution has been shaped by two central ideas. The first is that Indigenous peoples should be recognised by inserting new text into the Constitution that, by way of symbolic language, acknowledges them and their long and continuing habitation of Australia's lands and waters. For example, the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples suggested in its final report that the following words be included in the Constitution to preface a new federal power with respect to Indigenous peoples.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Constitutionalising an indigenous voice in Australian
           law-making: Some institutional design challenges
    • Abstract: Appleby, Gabrielle
      There is currently bipartisan support for Indigenous recognition in Australia. A poll released by Recognise in May 2015 indicates that 75 per cent of Australian voters would support constitutional recognition for Indigenous peoples.1 However, there remains division over the proposed model for constitutional recognition. It is generally accepted that recognition must be more than symbolic. A positive statement of recognition must be accompanied by a guarantee in some form that the Commonwealth will not be able to discriminate against Indigenous peoples. Discrimination and failure of recognition scar Australia's history and it is important that the amendment prevents this from occurring in the future.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Indigenous recognition, race and section 51(XXVI):
           Constitutional law conundrums and possibilities
    • Abstract: McAnearney, Lisa
      A unique and historic opportunity to 'recognise' Aboriginal and Torres Strait Islander peoples (Indigenous Australians) in the Commonwealth Constitution1 beckons. This recognition would serve as a positive step in the 'journey to perfect [the Australian Commonwealth] and the unity it is intended to represent.' Constitutional recognition of Indigenous Australians aims to achieve two broad goals: the 'righting of historic wrongs' and the removal of 'racebased provisions' from the Constitution.3 The fulfilment of these important national goals involves solving complex and varied constitutional law conundrums.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Lessons from New Zealand: Towards a better working
           relationship between indigenous peoples and the state
    • Abstract: Morris, Shireen
      This paper examines the ways in which Maori are recognised through New Zealand's legal and political institutions, and draws lessons that are applicable to the complex challenge of Indigenous constitutional recognition in Australia. It argues that Indigenous recognition can occur through constitutional reform, but also through institutional and legislative reform: recognition could be a package of constitutional and other reforms. The New Zealand example demonstrates that Indigenous recognition seeks to address the functional, working relationship between Indigenous peoples and the state, to make it fairer than it has been in the past. It shows that Indigenous recognition can and should be practical and ongoing, rather than purely symbolic and static.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
 
 
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