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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: 14)
Aboriginal Child at School     Full-text available via subscription   (Followers: 5)
About Performance     Full-text available via subscription   (Followers: 12)
Access     Full-text available via subscription   (Followers: 26)
ACCESS: Critical Perspectives on Communication, Cultural & Policy Studies     Full-text available via subscription   (Followers: 10)
Accounting, Accountability & Performance     Full-text available via subscription   (Followers: 14)
ACORN : The J. of Perioperative Nursing in Australia     Full-text available via subscription   (Followers: 18, SJR: 0.103, h-index: 4)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Advocate: Newsletter of the National Tertiary Education Union     Full-text available via subscription   (Followers: 1)
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: 10, SJR: 0.102, h-index: 5)
AlterNative: An Intl. J. of Indigenous Peoples     Full-text available via subscription   (Followers: 9)
Analysis     Full-text available via subscription   (Followers: 4)
Ancient History : Resources for Teachers     Full-text available via subscription   (Followers: 2)
Anglican Historical Society J.     Full-text available via subscription   (Followers: 3)
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: 10, 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: 12)
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: 9, SJR: 0.672, h-index: 51)
Asia Pacific J. of Health Management     Full-text available via subscription   (Followers: 3)
Aurora J.     Full-text available via subscription  
Australasian Biotechnology     Full-text available via subscription   (Followers: 1, 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: 3)
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: 39)
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: 5)
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: 3)
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: 7, SJR: 0.143, h-index: 4)
Australian Family Physician     Full-text available via subscription   (Followers: 3, 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: 4)
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   (Followers: 1)
Australian Humanist, The     Full-text available via subscription   (Followers: 4)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 17)
Australian Intl. Law J.     Full-text available via subscription   (Followers: 27)
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: 13, SJR: 0.159, h-index: 7)
Australian J. of Advanced Nursing     Full-text available via subscription   (Followers: 11, 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: 4, 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: 7, SJR: 0.401, h-index: 18)
Australian J. of French Studies     Full-text available via subscription   (Followers: 7, 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: 4, SJR: 0.399, h-index: 9)
Australian J. of Legal History     Full-text available via subscription   (Followers: 18)
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: 6)
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: 6)
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: 3)
Australian Tax Forum     Full-text available via subscription   (Followers: 2)
Australian Universities' Review, The     Full-text available via subscription   (Followers: 4)
Australian Voice     Full-text available via subscription   (Followers: 4)
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: 17, SJR: 0.31, h-index: 19)
British Review of New Zealand Studies     Full-text available via subscription   (Followers: 3)
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: 8)
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: 13)
Communities, Children and Families Australia     Full-text available via subscription   (Followers: 2)
Connect     Full-text available via subscription   (Followers: 2)
Contemporary PNG Studies     Full-text available via subscription  
Context: J. of Music Research     Full-text available via subscription   (Followers: 8)
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: 15, SJR: 1.737, h-index: 24)
Cultural Studies Review     Full-text available via subscription   (Followers: 16)
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: 21)
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: 15)
Education in Rural Australia     Full-text available via subscription   (Followers: 1)
Education, Research and Perspectives     Full-text available via subscription   (Followers: 11)
Educational Research J.     Full-text available via subscription   (Followers: 16)
Electronic J. of Radical Organisation Theory     Full-text available via subscription   (Followers: 3)
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: 8)
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: 22)
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: 5)
Fourth World J.     Full-text available via subscription  
Frontline     Full-text available via subscription   (Followers: 19)
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: 8)
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: 11)
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: 2)
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: 6)
Hong Kong J. of Emergency Medicine     Full-text available via subscription   (Followers: 3, 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: 15)
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: 13)
Instyle     Full-text available via subscription   (Followers: 1)
Intellectual Disability Australasia     Full-text available via subscription   (Followers: 8)
Interaction     Full-text available via subscription   (Followers: 3)

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Journal Cover Indigenous Law Bulletin
  [15 followers]  Follow
    
   Full-text available via subscription Subscription journal
   ISSN (Print) 1328-5475
   Published by RMIT Publishing Homepage  [403 journals]
  • Volume 8 Issue 26 - Indigenous-driven co-governance of sea country through
           collaborative planning and indigenous protected areas
    • Abstract: Smyth, Dermot; Gould, Jackie; Ayre, Margaret; Bock, Ellie; Dulfer-Hyams, Melanie
      Aboriginal and Torres Strait Islander peoples have long asserted that their coastal and island country ('sea country') is comprised of holistic terrestrial and marine estates to which cultural rights, practices, obligations, and economic and social relationships apply. However, recognition of Indigenous sea rights in legislation and policy differs markedly between Australian jurisdictions and has generally occurred later and to a lesser extent than for land. This article focuses on planning processes and governance arrangements for supporting Indigenous expression of authority over sea country despite current legislative shortcomings.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 26 - Deconstructing aqua nullius: Reclaiming aboriginal
           water rights and communal identity in Australia
    • Abstract: Marshall, Virginia
      This paper examines and analyses the historical flawed treatment of Indigenous peoples' water rights and interests by Australian governments in the development of national water reform, and how the early stages of the reform process failed to account for Indigenous peoples' inherent rights to water, its use, management and ownership. It is not the purpose of this paper to examine or interpret Australia's current common law and statutory water regimes. Rather, the paper argues that governments' lack of inclusion of Indigenous water rights1 and interests resembles Australia's western framing of Indigenous land rights - shaped by the doctrine of 'terra nullius' - and reconstructs Indigenous water rights as aqua nullius or 'water belonging to no one'.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 26 - Indigenous peoples and saltwater / freshwater
           governance
    • Abstract: Butterly, Lauren; Richardson, Benjamin J
      From an Indigenous worldview, land and water are one. This separation of how the law 'deals' with land and sea is a Western construct. We can see that 'deconstructing aqua nullius' - both in terms of salt and freshwater - continues to be a major cultural and governance challenge. This challenge is particularly apparent when we are considering Indigenous environmental governance of saltwater and freshwater. In February 2016, we convened an international workshop in Tasmania, on the land and water of the Mouheneenner people, to explore these and other issues in the relationships between Indigenous peoples and their marine and freshwater environments, and the role of law in mediating those relationships. Entitled 'Indigenous Peoples and Saltwater/ Freshwater Governance for a Sustainable Future', this gathering featured Indigenous and non-Indigenous speakers, of diverse academic and community backgrounds, from Aotearoa/New Zealand, Canada and the United States, as well as presenters from across Australia.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 26 - Editorial
    • Abstract: Butterly, Lauren; Richardson, Benjamin J
      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 26 - Artist note: Badu art centre and art mob
    • PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 26 - Victoria's traditional owner settlement act and
           indigenous management of water resources: An improvement on the native
           title act or more of the same'
    • Abstract: O'Bryan, Katie
      The 'Traditional Owner Settlement Act' 2010 ('TOS Act') was enacted in response to the deficiencies of the Native Title Act 1993 ('NTA') in recognising the Native Title rights and interests of Victoria's Traditional Owners.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 26 - Months in review: August - September
    • Abstract: Donnelly, Paris
      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 25 - Inside the Kenbi land claim negotiations: Watersheds
           and waterlogs
    • Abstract: Howey, Kirsty
      I felt a familiar mixture of elation and deflation as I read the headlines announcing the settlement of the Kenbi land claim. While the stories covered the basics, they could never capture the complexity of a land claim which bookends the Northern Territory's own political history and which was publicly fought out in the High Court three times and the Federal Court four times. Brutally adjudicating the legal identities of the Aboriginal people who sought to be recognised by it, the claim had taken over 15 years to settle since the Aboriginal Land Commissioner's 'final' report recommending the grant of Aboriginal land.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 25 - Editorial
    • PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 25 - Artist note: Biddy and Jack Dale Mengenen
    • PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 25 - Canada pushes forward with undrip
    • PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 25 - Aboriginal women in custody: A footnote to the Royal
           Commission
    • Abstract: Howe, Adrian
      This is a re-publication of a piece first published by the Aboriginal Law Bulletin (as the ILB was then named) in 1988, with the citation of (1988) Volume 1 No 30 Aboriginal Law Bulletin. With 2016 marking the 20-year anniversary since the Royal Commission into Aboriginal Deaths in Custody, we thought it an apt time to look back at the commentary that was published at the time.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
      Issue No: Vol. 1 (2017)
       
  • Volume 8 Issue 25 - Specialist courts for sentencing aboriginal offenders:
           Aboriginal courts in Australia [Book Review]
    • Abstract: Murphy, Julian R
      Review(s) of: Specialist courts for sentencing Aboriginal offenders: Aboriginal Courts in Australia, by Paul Bennett, Federation Press, 2016.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 25 - Keeping their marbles: How the treasures of the past
           ended up in museums - and why they should stay there [Book Review]
    • Abstract: Bowrey, Kathy
      Review(s) of: Keeping their marbles: How the treasures of the past ended up in museums - and why they should stay there, by Tiffany Jenkins, Oxford University Press, 2016.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 25 - Is Federalism being undermined in the current surge to
           'recognise' Indigenous Australians in (and into) the Commonwealth
           Constitution'
    • Abstract: McMillan, Mark
      When Aboriginal and Torres Strait Islander peoples think within a federalist frame, it is not the settler state's concept of federalism. As a Wiradjuri person, I can see that a modern Wiradjuri nation could be characterised as a federation. Federalism is then, for me, an idea that binds and respects levels of autonomy of peoples existing at a local level; and where the local laws are respected as the foundation of the negotiated sharing of sovereignty to create and maintain another level of governance. These are the federalist principles still deployed by the Iroquois Confederacy of Nations.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 25 - Substantive recognition of Aboriginal and Torres
           Strait Islander peoples in the Constitution
    • Abstract: Stubbs, Matthew
      The project to secure constitutional recognition of Aboriginal and Torres Strait Islander peoples continues. This piece begins with a survey of progress on symbolic recognition. It then addresses the current national discussion, identifying debates about the nature of recognition, and a range of broader issues for the future. The major focus of the piece is then an analysis of the primary models that are under consideration to achieve substantive recognition of Australia's first peoples in the Constitution.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 25 - Months in review May-July
    • PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 24 - Con Wreck
    • Abstract: Wing, Jason
      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 24 - Justification, not recognition
    • Abstract: Ivison, Duncan
      The debate over the constitutional recognition of Indigenous peoples in Australia should be seen as a deeply political one. That might appear to be a controversial claim. After all, there has been much talk about minimising the scope for disagreement between 'constitutional conservatives' and supporters of more expansive constitutional recognition. And there is concern to ensure that any potential referendum enjoys the maximum conditions and opportunity for success.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 24 - What is constitutional recognition of aboriginal and
           Torres Strait Islander peoples'
    • Abstract: Lino, Dylan
      'Constitutional recognition' has emerged as a dominant language through which Australians now debate what is owed to Aboriginal and Torres Strait Islander peoples by the settler state. But what is it' There are different ways of answering that question, depending on the goal. If one's goal is to support a particular political project - be it legal reform, nation-building, Indigenous empowerment, conservative resistance or some combination - then one will simply adopt an account of constitutional recognition to suit that project. But a different methodology is needed where the goal is to understand constitutional recognition as a social, political and legal phenomenon. In this article, my goal is to understand rather than to advocate. I begin by exploring two different approaches to understanding constitutional recognition: first, through a brief survey of how, and to what ends, the idea has been used in Australian policy and debate; and second, through a theoretical study of the concept of constitutional recognition. I then attempt to bring these two approaches together, showing how the theory provides a clarifying framework for thinking about the politics of Indigenous constitutional recognition in Australia.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 24 - Editorial
    • Abstract: Rafferty, Emma
      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 24 - Field of dreams
    • Abstract: Douglas, Blak
      Following 228 years of cultural oppression upon the First Nations peoples of this land, Indigenous descendants are now asked to be complicit in being 'written into' the very constitution of colonialism.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 24 - Recognising the politics of constitutional referenda:
           Initiation and the policy process for change
    • Abstract: Patmore, Glenn; Moorhead, Sarah
      The prospect of a referendum regarding recognition of Indigenous peoples in the Australian Constitution provides us with the opportunity to pause and reflect on how constitutional change through referenda is brought about and the way in which the people are engaged in the process of constitutional reform.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 24 - Listening and hearing: A review of two books on
           indigenous 'recognition' in Australia [Book Review]
    • Abstract: Saunders, Cheryl
      Review(s) of: The forgotten people: Liberal and conservative approaches to recognising indigenous peoples, by Damien Freeman and Shireen Morris (eds); It's our country: Indigenous arguments for meaningful constitutional recognition and reform, by Megan Davis and Marcia Langton (eds), Melbourne University Press, 2016.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 24 - Recognise what': Problems with the campaign for
           constitutional recognition
    • Abstract: Maddison, Sarah
      To have any merit at all, a recognition referendum should require the backing of the group being 'recognised'. This means that the views of Aboriginal and Torres Strait Islander peoples with regard to their 'recognition' in the Australian Constitution should be of central importance to the campaign. As the current campaign unfolds, however, it seems that the loudest dissenting voices are coming from Indigenous people themselves, many of whom insist that recognition within what they see as an illegitimate Constitution will not address their claims upon the legitimacy of the nation. Indeed, as Megan Davis has noted, five years into the campaign for recognition Aboriginal resistance to the idea continues to grow.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 24 - Custody
    • Abstract: Monks, Chico
      Aboriginal lore has governed this land since time began, but since colonisation this lore has been blatantly disregarded and Aboriginal people have been incarcerated under a foreign system of governance, the Australian Constitution.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 24 - Don't drink the kool-aid
    • Abstract: Groom, Amala
      The current Federal Government initiative to recognise Aboriginal and Torres Strait Islander peoples in the Australian Constitution is a highly complex matter, both legally and politically. Most Australians have never even read the Constitution and, unless you have a legal or political background, engagement with the debate can, for the most part, only be peripheral. To fully appreciate what constitutional recognition signifies, it must be examined in view of the colonial history of Aboriginal affairs. Damien Short, describing the history of the reconciliation movement in Australia.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 24 - Talking to a brick wall
    • Abstract: Monks, Nicole
      Since time immemorial Aboriginal people have been the continuing custodians of this land now known as Australia. This fact cannot be disputed. Yet within the Australian Constitution, the very system that governs us, Aboriginal history is invisible.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 23 - The 'other's' encounters with the Australian judiciary
    • Abstract: Barter, Alice
      It is well established that First Nations Peoples are over-represented in the Australian criminal justice system. The Royal Commission into Aboriginal Deaths in Custody report stressed that the most significant contributing factor that gives rise to this over-representation is the 'disadvantaged and unequal position in which Aboriginal people find themselves in the society - socially, economically and culturally'. However, this recognition falls short in addressing the construction of First Nations Peoples as the colonised 'Other'. This article will explore the relationship Aboriginal offenders have with the criminal justice system in a postcolonial context, with particular reference to interactions between the judiciary and Aboriginal offenders in sentencing proceedings. In positing that Aboriginal offenders are disadvantaged by their position as the colonised 'Other', this article will explore: the coloniser/colonised dichotomy; the construction of 'whiteness'; the limited recognition of 'Aboriginality' within Australian courts; judicial ignorance and lack of empathy in understanding the position of Aboriginal offenders; a continuing expectation of assimilation; and an analysis of specific judicial remarks.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 23 - Oppressive 'black letter law' in 'hyperlink blue': New
           online database increases accessibility to indigenous legal resources
    • Abstract: Denayer, Stijn
      A new online database of indigenous legal resources - the result of a joint project of the Indigenous Law Centre (ILC) and the Australasian Legal Information Institute (AustLII) - was launched in early 2016. As Indigenous research and perspectives are still often neglected in mainstream library collections, the project aims to develop the database, which is hosted on AustLII's website, as a free-access online collection of important legal materials relating to Indigenous issues.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 23 - Scoring the intervention: Fail grades on closing the
           gap, human rights
    • Abstract: Gray, Stephen
      Between 2014 and the start of 2016, Monash University's Castan Centre conducted a review of the Northern Territory Intervention ('the Intervention') - that is, the range of measures first introduced in 2007 in the Howard Government's 'Emergency Response', and later modified by the 'Stronger Futures' and other policies. The Intervention's effectiveness was scored against a range of human rights and other standards. The Castan Centre released its review on 8 February 2016, just prior to the 2016 Prime Minister's Closing the Gap Report ('the 2016 CTG Report'). The major findings of the Castan Centre review were.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 23 - Cuts both ways: Tenants' rights and the double-sided
           consequences of 'secure tenure' in remote aboriginal communities
    • Abstract: Patira, Elly
      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 ('the Department') in an attempt to address the poor state of housing in their community. In total, 70 individual tenants filed applications in the Northern Territory Civil and Administrative Tribunal (NTCAT), seeking orders under s 63 of the Residential Tenancies Act 1999 (NT) ('the RTA') requiring the Department, as landlord, to attend to over 600 housing repairs.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 23 - Editorial
    • Abstract: Rafferty, Emma
      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 23 - Artist note Jacob Nash
    • PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 23 - Patrick Dodson: 25 years on from royal commission into
           aboriginal deaths in custody recommendations
    • PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 23 - Months in review January-April
    • Abstract: Stewart, Lucinda
      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 22 - Artist note: Josh Muir
    • PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 22 - Extinguishment of native title: Recent high court
           decisions
    • Abstract: Edgeworth, Brendan
      A number of recent decisions of the High Court of Australia have provided further elaboration of the circumstances in which native title can be extinguished. These decisions jointly and severally appear to point to an approach to the interpretation of statutory provisions and grants of land that gives greater primacy to native title. They do so by in general raising the threshold for non-Indigenous litigants who argue that extinguishment has occurred. This article examines those cases in detail, and in doing so will draw some more general conclusions about the nature of native title and the prospects of defending it against claims of extinguishment in the future. The article first analyses how the High Court has shifted in the way it has defined native title over time. The definitional issue is an important step in rendering native title more or less susceptible to extinguishment. The article then focuses on the detail of the decisions, and draws some general conclusions about the current state of the law. My conclusion is that the current approach to extinguishment represents a fairer balance of the competing interests than was articulated in the last extinguishment case before the High Court, 'Western Australia v Ward'.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 22 - Justice reinvestment: The cost benefits of trusting
           and supporting indigenous people to mediate their troubles
    • Abstract: Williams, Mary Spiers
      In June 2015, economists Anne Daly and Greg Barrett and mediator Rhian Williams presented the findings of their cost-benefit analysis of the Yuendumu Mediation and Justice Committee ('YM and JC') operating in Yuendumu in central Australia. Their presentation to the Australian Institute of Aboriginal and Torres Strait Islander Studies ('AIATSIS') was subtitled 'The Economic Case for Local Dispute Management Services'. The findings were impressive: if the YM and JC is properly funded, then for every $1 spent, there will be a benefit of $4.30 over 10 years. Greg Barrett explained the significance of these findings by making this comparison: if the World Bank receives an analysis of a cost benefit of $1.10 this is considered good; a benefit of more than four dollars is exceptional. Over 10 years if the total costs of the YM and JC are $4 359 000, then the total benefits on present value will be $18 522 000. That is a net benefit of $14 163 000 on present value.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 22 - Editorial
    • Abstract: Rafferty, Emma
      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 22 - Book up: Current regulation and options for reform
    • Abstract: Boyle, Nathan
      Most people are familiar at least in general terms with the treatment of Aboriginal and Torres Strait Islander peoples during the 'protectionist' era of government policy in the late-nineteenth and early-twentieth centuries. During this era, various pieces of legislation were enacted across the country, ostensibly for the 'protection' of Indigenous people. While the stated intention was to protect, in effect the legislation provided legitimisation of government control over almost every element of the lives of Indigenous people, including control over employment conditions and wages. In return for their labour, most Indigenous people were provided with 'rations' of basic food, clothing and tobacco. Even where Indigenous people were paid a cash wage, governments systemically withheld a proportion of that wage, most often placing it into a trust fund. Money was then meted out to the wage-earner upon request, providing that they had a 'suitable' reason for requesting access to this money. Where money was provided from these trust accounts, it was usually sent by cheque which the wage-earner could cash at their local store.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 22 - 'It's just a big vicious cycle that swallows them up':
           Indigenous people with mental and cognitive disabilities in the criminal
           justice system
    • Abstract: Baldry, Eileen; McCausland, Ruth; Dowse, Leanne; McEntyre, Elizabeth; MacGillivray, Peta
      Aboriginal and Torres Strait Islander peoples with mental and cognitive disabilities are significantly over-represented in Australian criminal justice systems. However, until recently there has been a lack of critically informed evidence, analysis and coordinated policy and service response on this most pressing human rights issue.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 22 - Imprisonment of indigenous people with cognitive
           impairment: What do professional stakeholders think': What might human
           rights-compliant legislation look like'
    • Abstract: Keyzer, Patrick; O'Donovan, Darren
      Recently the Senate released Terms of Reference for an Inquiry into the Indefinite Detention of People with Cognitive Impairment or Psychiatric Illness in Australia. The Senate Inquiry will provide an opportunity for the stories of Marlon Noble, Rosie Ann Fulton and many other Indigenous (and non-Indigenous) Australians to be heard. Marlon Noble spent 10 years in a Western Australian prison even though he had not been convicted of a crime. Rosie Ann Fulton, whose case drew national media attention in 2014, had been charged with criminal offences, but it was found that due to her fetal alcohol syndrome disorder, she would not understand the criminal proceedings and was unfit to plead. Despite the court making a 'supervision order' in her case, Rosie still spent over two years in prison, due to no secure facility being available for her care and support. These experiences have come to symbolise the plight of those who have languished in prisons for years due to the insufficient number of secure care facilities available for people with cognitive impairment in the community. The work and lobbying of sector advocates such as Damian Griffis from First Peoples Disability Network and Patrick McGee of La Trobe University and the Aboriginal Disability Justice Campaign, and academics such as Professor Eileen Baldry from the University of New South Wales, among others, has cut through, and the Federal Parliament now has an opportunity to address the significant human rights issues raised by the Australian Human Rights Commission in their July 2014 report on this topic.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 21 - Imprisonment: Paperless arrests and the rise of
           executive power in the northern territory
    • Abstract: Hunyor, Jonathon
      'It is a form of catch and release.'

      When the Northern Territory Attorney-General likened arrest and detention by police under the proposed 'paperless arrest' regime to recreational fishing, it raised barely a ripple. Perhaps this is no great surprise. The Northern Territory ('NT') has long been a gold-medal performer when it comes to locking people up.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 21 - Superannuation: A more collaborative approach needed
           to overcome indigenous disadvantage
    • Abstract: Gordon, Alya; Boyle, Nathan
      The introduction of compulsory superannuation in 1992 by the federal government was intended to ensure that all Australians have the opportunity 'to achieve a higher standard of living in retirement than would be possible from the age pension alone'. The Commonwealth, pursuant to its corporations and pensions powers, developed a framework of legislative enactments which together make provision for the regulation of the superannuation industry in Australia. This includes measures intended to provide prudential regulation and consumer protection. The regulatory agencies responsible for overseeing compliance with superannuation legislation include the Australian Prudential Regulation Authority, the Australian Taxation Office and the Australian Securities and Investments Commission (ASIC). Addressing access and engagement issues for Indigenous consumers in the superannuation space has been a significant focus for ASIC's Indigenous Outreach Program (IOP). ASIC's IOP is national a team of lawyers and analysts whose function it is to assist Aboriginal and Torres Strait Islander consumers to have fair and equitable access to financial products and services.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 21 - A broader perspective of Australia's 'right to
           negotiate'
    • Abstract: Madden, Kate
      Indigenous participation in government proposals affecting Indigenous rights is provided through Australia's 'right to negotiate' procedure. To foster a deeper understanding of negotiation approaches and requirements, it is useful to consider how participation rights are carried out in another context also involving government proposals affecting land-related rights claimed or held by Indigenous people. In this article, Australia's system shall be explained and considered in view of Canada's 'duty to consult'.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 21 - Ecuador's la Cocha case and the role of legal
           pluralism and indigenous justice
    • Abstract: Rubio, Mayra Tirira
      Domestic law rarely offers a comprehensive and harmonious embrace of legal pluralism to resolve criminal cases outside mainstream processes. More typically it offers tokenistic engagement with pluralism. For instance, in the United States, Indigenous communities can apply their own justice where the maximum penalty is less than six months' imprisonment. Another approach, for example, in Papua New Guinea, is to acknowledge that Indigenous custom can be taken into account to determine the possible reasonableness of an offender's actions, for example in the context of provocation, or to assess if his or her conduct is indecent or improper.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 21 - Months in review November-December
    • Abstract: Bonser, Kate
      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 21 - Artist statement: Christian Thompson
    • PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 21 - The Keating speech: 23 years on from Redfern park
    • PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 21 - Editorial
    • Abstract: Rafferty, Emma
      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 20 - Months in Review: September-October
    • Abstract: Bonser, Kate
      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 20 - Editorial
    • Abstract: Rafferty, Emma
      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 20 - Founding a new path in Canada: The conclusions of the
           commission on truth and reconciliation
    • Abstract: Lamalle, Sandy
      In a most solemn moment on the morning of 2 June 2015, Justice Murray Sinclair presented the conclusions of the Commission on Truth and Reconciliation in Canada ('the Commission'). At the issue of a demanding process, after six years of work, many people across Canada and the world were awaiting the important event. The closing session of the Commission took place in Ottawa, where over 75 000 participants have walked in solidarity at the Walk for Reconciliation. Meeting rooms and halls of the Delta hotel were crowded, as many survivors and their families had made the journey to the capital for that last national event.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 20 - Who owns copyright in native title connection
           reports'
    • Abstract: Ritchie, Eamon; Janke, Terri
      The native title claim process generates a great number of reports that embody Indigenous cultural knowledge. These reports are submitted as evidence, and dealing with them is subject to rules of evidence while the claim is on foot. This article asks the question: after the claim is over, who owns the reports' Who can access, reproduce or publish these culturally significant reports'

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 20 - Connection to country: The Australian law reform
           commission recommends change to the native title act
    • Abstract: Gilbert, Robyn
      In April 2015, the Australian Law Reform Commission ('ALRC') recommended changes to the Native Title Act 1993 (Cth) ('the Act') to address issues of proof faced by Aboriginal and Torres Strait Islander peoples seeking a determination of native title. This article examines some events that led to the ALRC's inquiry, the arguments and evidence put to the inquiry, the key recommendations made and the reasons for those recommendations.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 20 - The Oombulgurri eviction: Practicality or
           illegality'
    • Abstract: Solonec, Tammy; Seery, Cassandra
      In February 2011, the Western Australian government ('the WA government') announced its intention to close the remote Indigenous community of Oombulgurri, claiming that the community was no longer 'viable' following findings of significant social issues within it. This article explores the history of Oombulgurri, the eviction of its residents, Amnesty International's involvement and the legal issues arising from the eviction at domestic and international law.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 20 - Eatts v Gundy and Torres Strait Islander Traditional
           Adoptions
    • Abstract: Loban, Heron; Booker, Aidan; van Doore, Kathryn
      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 unresolved conflict between state law and Aboriginal and Torres Strait Islander laws (traditions). In Eatts, the primary issue was whether a child traditionally adopted in accordance with Aboriginal law could be viewed as an 'issue' or 'child' under the Succession Act 1981 (Qld). Although Eatts involved Aboriginal law, the Queensland Court of Appeal's treatment of traditional adoption in Eatts acts as a precedent for the consideration of Torres Strait Islander traditional adoptions by Queensland's succession law. Critically, the decision sits in direct contrast to the efforts of the Family Court of Australia in recognising Torres Strait Islander traditional adoption. A recent example is the case of Beck v Whitby ('Beck').

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 20 - The bogeyman in the mirror: White Australia and the
           proposal to close remote communities in western Australia
    • Abstract: Eggington, Dennis; Razi, Sarouche
      Two hundred and twenty-seven years ago this land was forcibly and illegally taken by the English. Complex and profound cultures had lived and sustained themselves on this continent for over 50 000 years. The horrifying mistreatment of Aboriginal and Torres Strait Islanders is well documented and includes: the dispossession of people from their lands; the introduction of new diseases; massacres and extensive physical violence; and the denial of language and cultural practices. Much of this is understood by Australians. What, however, is not understood, is that these acts are not a relic of the past. The lasting impacts of this conquest continue to be felt among Australia's First Nations peoples, not just by generational trauma, but through continued acts of oppression.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 20 - Artist note: Daniel O'Shane
    • PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 19 - Everything you need to know about the referendum to
           recognise Indigenous Australians [Book Review]
    • Abstract: Watson, Nicole
      Review(s) of: Everything you need to know about the referendum to recognise Indigenous Australians, Megan Davis and Georg Williams, University of New South Wales press, 2015.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 19 - Statement presented by aboriginal and Torres strait
           islander attendees at a meeting held with the prime minister and
           opposition leader on constitutional recognition
    • PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 19 - The problem of authority and the proposal for an
           indigenous advisory body
    • Abstract: Davis, Fergal
      Proposals for the establishment of an Indigenous advisory body within the Australian Constitution are genuinely innovative and exciting. Designing such a body is a challenge. Aboriginal and Torres Strait Islander Australians have long sought better political representation. Indigenous Australians constitute approximately 3 per cent of the population, therefore - even with proportionate reserved seats - such a micro-minority will struggle to assert itself in the Federal Parliament. For this and other reasons, the Cape York Institute rejected proposals for reserved seats in the Federal Parliament as unworkable. Noel Pearson expressed the dilemma well.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 19 - Months in review July-August
    • Abstract: Bonser, Kate; Gallegos, Rebecca
      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 19 - An indigenous advisory body: Some questions of design
    • Abstract: Appleby, Gabrielle
      Debate over appropriate constitutional recognition for Aboriginal and Torres Strait Islander peoples continues. There is overwhelming public support for recognition, but there remains division over its form. There is agreement that is must be more than symbolic. There must be some limitation on the Commonwealth's power to enact adversely discriminatory laws. It has been suggested that a constitutional limitation on racial discrimination would achieve this. However, constitutional conservatives have expressed concern that this proposal would inappropriately shift power from Parliament to the court. In response, Noel Pearson and the Cape York Institute have developed an alternative, politically based limitation: an Indigenous advisory body operating within the parliamentary process. This article raises a series of design questions posed by this proposal.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 19 - Indigenous constitutional recognition from the point
           of view of self-determination and its exercise through democratic
           participation
    • Abstract: Davis, Megan
      This paper is on Indigenous peoples' right to self-determination and its exercise through democratic participation. First, I will expound on why the right to self-determination - as configured in international law, translated by many states and adopted by Indigenous communities - enhances liberal democratic governance. Then I will provide a cursory glance at the many and varied ways in which Western and non-Western liberal democracies have made efforts to accommodate Indigenous peoples in their public institutions.

      PubDate: Thu, 2 Nov 2017 11:47:35 GMT
       
  • Volume 8 Issue 29 - Editorial
    • Abstract: Langton-Batty, Ruby
      PubDate: Mon, 4 Sep 2017 15:37:35 GMT
       
  • Volume 8 Issue 29 - Uluru statement from the heart
    • PubDate: Mon, 4 Sep 2017 15:37:35 GMT
       
  • Volume 8 Issue 29 - Unreviewable police powers' the reliance on past
           policing experience in prior v mole
    • Abstract: Murphy, Julian R
      Picture this: An Aboriginal man drinking on a suburban street in Darwin has his alcohol poured out by police and then is arrested because the police believe that the man is likely to procure more alcohol and commit a further public drinking offence. The arresting police officer claims that his belief that the Aboriginal man was likely to continue drinking is based, in part, on his past policing experience. This is a common occurrence in Darwin, indeed in towns across the Northern Territory. In 'Prior v Mole', the arrest of an Aboriginal man for public drinking became a-typical because in the subsequent criminal proceedings against him, the lawfulness of the arrest was put in issue by the defence. What level of detail must the police officer provide before a court can accept that the past experience constituted a reasonable ground for the belief that the Aboriginal man was likely to continue drinking' This is the question that split the High Court in 'Prior v Mole'.

      PubDate: Mon, 4 Sep 2017 15:37:35 GMT
       
  • Volume 8 Issue 29 - Low-end penalty, big-time impact: The effect of fines
           on indigenous people
    • Abstract: Schwartz, Melanie
      For many, fines are an annoying but essentially amoral penalty - something to be treated as a cost of living than rather than a vehicle for condemnation. However, this discounts the significant impact of fines on the disadvantaged, who are more likely to be vulnerable to fines in the first place. Like many other areas of the criminal justice system, the punitive reach of a fine can go well beyond merely the financial penalty.

      PubDate: Mon, 4 Sep 2017 15:37:35 GMT
       
  • Volume 8 Issue 29 - Imagery or inertia: The ratification of the optional
           protocol to the convention against torture and other cruel, inhuman or
           degrading treatment or punishment in response to don dale
    • Abstract: Eggington, Dennis; Walters, Alex
      On 25 July 2016, ABC's 'Four Corners' program broadcast a video of young Dylan Voller, strapped to a restraint chair with his head immersed in a spit-hood inside Don Dale Detention Centre ('Don Dale'). The video shows guards holding Voller's head still while he is strapped to the chair. The guards leave the cell but the filming continues; Voller's head lurches forward ever so slightly and seems to turn to the camera - defeat, resignation, or defiance'

      PubDate: Mon, 4 Sep 2017 15:37:35 GMT
       
  • Volume 8 Issue 29 - Aboriginal and Torres strait islanders peoples from
           across Australia make historic statement
    • Abstract: Anderson, Pat
      Coming from all points of the southern sky, over 250 Delegates gathered at the 2017 First Nations National Constitutional Convention and today made a historic statement from the heart in hopes of improving the lives of future generations. The conversation at Uluru built on six months of discussions held around the country where Aboriginal and Torres Strait Islander peoples considered five options presented in the Referendum Council's discussion paper. When asked what constitutional recognition means to them, First Nations peoples told the Council they don't want recognition if it means a simple acknowledgement, but rather constitutional reform that makes a real difference in their communities.

      PubDate: Mon, 4 Sep 2017 15:37:35 GMT
       
  • Volume 8 Issue 29 - Months in review: April-june
    • Abstract: Bisset, Paige; Langton-Batty, Ruby
      PubDate: Mon, 4 Sep 2017 15:37:35 GMT
       
  • Volume 8 Issue 29 - Artist note: Tony Albert
    • PubDate: Mon, 4 Sep 2017 15:37:35 GMT
       
  • Volume 8 Issue 29 - The impact of racism on aboriginal and Torres strait
           islander health: Section 181 as an important safeguard
    • Abstract: Mokak, Romlie; Guthrie, Mary
      Over the period of at least a decade, academics, health experts and researchers have developed a large body of evidence showing that racism and ill-health are linked. There is also significant evidence that racism is a fact of life for many Aboriginal and Torres Strait Islander peoples. Allowing people to 'offend, insult, humiliate or intimidate another person or a group of people' on the basis of race, can potentially cause harm and thus widen the health gap between Aboriginal and Torres Strait Islander peoples and non-Indigenous Australians. The benefits of section 18C extend beyond procedural protections against racism. While the process itself is extremely important, the overarching benefit of section 18C is that it sets a benchmark and sends a clear message: as a nation, we reject racism. Despite the improvements that have been made in Aboriginal and Torres Strait Islander health policy over the long-term, there is much more work to be done. Amending or repealing section 18C of the Racial Discrimination Act 1975 (Cth) ('RDA') would have been a step backwards.

      PubDate: Mon, 4 Sep 2017 15:37:35 GMT
       
  • Volume 8 Issue 29 - Cashless welfare cards: Controlling spending patterns
           to what end'
    • Abstract: Bielefeld, Shelley
      Delivering social security payments by means of cashless welfare cards has had a protracted trial in Australia, with various income management schemes in operation, the latest of which is the Forrest Review inspired Cashless Debit Card (CDC) issued by Indue Ltd. These schemes have been controversial since the first compulsory income management program emerged as part of the Northern Territory Intervention, yet the trend of cashless welfare delivery is expanding, considerably increasing the overall cost of social security payments. A key government rationale for various forms of cashless welfare is that something must be done to address the risk that welfare recipients might use their income to support substance abuse and gambling. Numerous welfare recipients subject to income management report that it has created additional difficulties for them in meeting their needs. Despite this, advocates of cashless welfare are keen to declare income management a success, rationalising further expansion and possibly smoothing the path to increased privatisation of social security payments in the process. Unlike earlier income management schemes operating with a government issued BasicsCard, the CDC involves a commercial financial services provider making a hefty profit from delivering this costly program.

      PubDate: Mon, 4 Sep 2017 15:37:35 GMT
       
  • Volume 8 Issue 29 - The cashless debit card trial: A public health,
           rights-based approach to better health and social outcomes
    • Abstract: Smith, Kristen
      In early 2016, the Australian Government introduced a trial of the cashless debit card ('CDC') for working age adults receiving specific Income Support Payments ('ISP') in Kununurra and Wyndham, East Kimberley ('WA') and Ceduna and surrounding region ('SA'). The CDCs can be used in the same manner as other debit cards, but do not allow cash withdrawals, and cannot be used to purchase alcohol or gambling products. The CDCs are attached to a separate, restricted bank account of which 80 per cent of the recipient's ISP is directed. The remainder of the ISP is paid to the recipient's usual account. For example, a single person with no dependants on Newstart Allowance in private rental accommodation will receive $526 on their CDC and $131 to an unrestricted account each fortnight. A single parent with four children in private rental will receive $1,705 on their CDC and $426 in an unrestricted account each fortnight. The main aim of the CDC trial is to provide a suite of measures that will support 'disadvantaged communities to reduce the consumption and effects of drugs, alcohol and gambling that impact on the health and wellbeing of communities, families and children'.

      PubDate: Mon, 4 Sep 2017 15:37:35 GMT
       
  • Volume 8 Issue 28 - News: Professor Megan Davis has been appointed as
           UNSW's first pro Vice-Chancellor indigenous
    • Abstract: Liguz, Andrzej
      PubDate: Fri, 5 May 2017 21:33:05 GMT
       
  • Volume 8 Issue 28 - Editorial
    • Abstract: Langton-Batty, Ruby
      PubDate: Fri, 5 May 2017 21:33:05 GMT
       
  • Volume 8 Issue 28 - McGlade v Native Title Registrar
    • Abstract: Frith, Angus
      In the recent 'McGlade v Native Title Registrar' ('McGlade') decision, the Federal Court held that four agreements signed on behalf of Noongar People were not Indigenous Land Use Agreements ('ILUAs') within the meaning of the 'Native Title Act 1993' (Cth) ('NTA'). Accordingly, the Native Title Registrar had no jurisdiction to register the ILUAs. These invalid ILUAs were four of the six ILUAs giving effect to the South West Native Title Settlement ('Noongar Settlement'), which was intended to resolve all Noongar native title applications. Only two weeks later, legislation overturning the 'McGlade' decision, the Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 (Cth) ('ILUA Bill'), was passed by the House of Representatives in the Commonwealth Parliament.

      PubDate: Fri, 5 May 2017 21:33:05 GMT
       
  • Volume 8 Issue 28 - Missed opportunities for culturally appropriate
           imprisonment of APY offenders: The cross border justice act 2009 (SA)
    • Abstract: Whellum, Peter
      Indigenous people make up only three per cent of Australia's population, but a massive 30 per cent of Australia's prison population.1 The imprisonment of traditionally-oriented Aboriginal offenders, such as those from the Anangu Pitjantjatjara Yankunytjatjara ('APY') Lands, in mainstream prisons has been problematic for decades. In fact, in South Australia, it has been a problem since colonisation in 1836. Despite the provisions of the Cross Border Justices Acts in SA, WA and the NT, which allow for prisoners from one region to be imprisoned in an adjoining region, Aboriginal prisoners from the APY Lands are still being transported up to 1500 kilometres south to the Port Augusta Prison, far from their country and families, in conflict with recommendations of the Royal Commission into Aboriginal Deaths in Custody and the findings of a Coroner's Inquest into the deaths of four petrol sniffers. This article discusses the missed opportunities for the imprisonment of APY offenders at the now closed Warburton Work Camp in Western Australia.

      PubDate: Fri, 5 May 2017 21:33:05 GMT
       
  • Volume 8 Issue 28 - Indigenising indigenous child welfare
    • Abstract: Libesman, Terri
      This article is a reprint from the ILB volume 6, issue 24 (2007). Reprinting this alongside 'Indigenous Young People Leaving Care: Questioning the Gaps in Official Statistics' by Susan Baidawi, Bernadette Saunders and Philip Mendes provides readers background to the issue of Indigenous children care, as well as a perspective on what has and hasn't changed in the space over the last 10 years.

      PubDate: Fri, 5 May 2017 21:33:05 GMT
       
  • Volume 8 Issue 28 - Indigenous young people leaving care: Questioning the
           gaps in official statistics
    • Abstract: Baidawi, Susan; Saunders, Bernadette; Mendes, Philip
      Indigenous children and young people are over-represented in the Australian child welfare system. However, little is known about these young people's experiences as they leave care. Statistical anomalies and significant data gaps are barriers to developing informed policy and practice initiatives in this area. Reported numbers of Indigenous children in out-of-home care do not align with official statistics concerning Indigenous young people leaving care. Drawing on a recent study of Indigenous care leavers in Victoria, this article raises key questions about the statistics and discusses possible reasons for the apparent discrepancies. It also considers some important implications for Indigenous leaving care supports and services.

      PubDate: Fri, 5 May 2017 21:33:05 GMT
       
  • Volume 8 Issue 28 - Institutional racism, the importance of section 18C
           and the tragic death of Miss Dhu
    • Abstract: Barter, Alice; Eggington, Dennis
      The contemporary incarceration of Australia's First Peoples must be viewed in its historical and political context. This country is founded on a hierarchy of power which encourages white men into positions of dominance and subjugates Aboriginal people, especially Aboriginal women. In 2014, 22-year-old Yamatji woman, Miss Dhu, died while in police custody. She was a victim of institutional racism. Currently there are calls to amend the 'Racial Discrimination Act 1975' (Cth) ('the RDA') to reduce the protections afforded to minority groups, including Australia's First Peoples. Section 18C provides an important reproach to overt racism and an opportunity for community members to combat discrimination, including institutionalised racism. This paper highlights the intersectionality of institutional racism and gender discrimination by examining the tragic death of Miss Dhu and the importance of federal anti-racism legislation as well as the role of the Aboriginal Legal Service of Western Australia ('ALSWA') in striving to ensure equality and fairness for Aboriginal people.

      PubDate: Fri, 5 May 2017 21:33:05 GMT
       
  • Volume 8 Issue 28 - Reflections on a trial
    • Abstract: Heath, Madeleine
      Recently I had the opportunity to watch parts of a District Court criminal trial. As a lawyer who is infrequently inside a courtroom, I found this a fascinating and frustrating experience. A young Aboriginal man stood accused of assaulting and strangling his former partner (also Aboriginal) and the mother of their three children. He had been charged with similar assaults against her before. However, by the time matters went to court she felt unable to help secure convictions against him. Like many survivors at such times she had been under intense pressure. She had been scared of retribution, fearful of community backlash and under duress to withdraw her allegations. Mixed feelings about the accused, his potential incarceration and their family breakdown also played on her mind. I knew the survivor. She had told me what she had been through. I knew how stranded on 'tender hooks' she had been weeks before the trial began. The 'death imprint' from these latest attacks had steeled her with a resolve I hadn't seen in her before. Before she had been constrained by invisible internal binds that kept her silent. These dissolved after she realised how very close to death she had been. She didn't want to risk being in that place again. This time it was different.

      PubDate: Fri, 5 May 2017 21:33:05 GMT
       
  • Volume 8 Issue 28 - Every mother's son is guilty: Policing the Kimberley
           frontier of Western Australia 1882 - 1905 [Book Review]
    • Abstract: Hall, Stephen
      Review(s) of: Every mother's son is guilty: Policing the Kimberley frontier of Western Australia 1882 - 1905, by Chris Owen, UWA Publishing, 2016.

      PubDate: Fri, 5 May 2017 21:33:05 GMT
       
  • Volume 8 Issue 28 - A Wajuk Barladong Mineng Nyungar perspective on
           McGlade v Native Title Registrar and the resulting native title amendment
           (indigenous land use agreements) bill 2017
    • Abstract: Forrest, Kelsi
      The South West Native Title Settlement ('the Settlement') was a landmark native title settlement. It affects an estimated 30 000 Noongar People and encompasses approximately 200 000 square kilometres in the South West. The Settlement resolved the Noongar native title claim in exchange for a package of benefits, which included, for example, recognition through an act of Parliament, a perpetual trust receiving yearly instalments of $50 million for 12 years, numerous land arrangements, among other things. The Settlement is made up of six individual Indigenous Land Use Agreements ('ILUAs'). Four of these six ILUAS were successfully challenged in 'McGlade v Native Title Registrar' ('McGlade') earlier this year. As a Nyungar person who voted in the authorisation process for three of the ILUAs: the Wagyl Kaip and the Southern Noongar ILUA; the Ballardong People ILUA, and the Whadjuk People ILUA, I am a Claim Group member who supports the Settlement and supports the Registration of the ILUAs. As a Nyungar person who supports the Settlement, I was relieved to hear about the Commonwealth Parliament's proposed legislative amendments to the 'Native Title Act 1993' (Cth) ('NTA') so the ground-breaking settlement could move forward in the direction that my elders hoped for and worked so hard for many years to achieve. However, as a Law Graduate who works in the native title space, there are some key issues with the Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 ('Amendment Bill') that I believe need to be considered thoroughly before proceeding with their enactment.

      PubDate: Fri, 5 May 2017 21:33:05 GMT
       
  • Volume 8 Issue 28 - Months in review January-March
    • PubDate: Fri, 5 May 2017 21:33:05 GMT
       
  • Volume 8 Issue 28 - Artist note: Amahi Djordon King
    • PubDate: Fri, 5 May 2017 21:33:05 GMT
       
  • Volume 8 Issue 28 - The ILB interviews Teela Reid
    • Abstract: Langton-Batty, Ruby; Reid, Teela
      What was your previous career before starting the JD and what made you decide to study law at UNSW'

      I was a high school Health and PE teacher. I really loved teaching; being a positive influence to the kids was a rewarding experience. I decided to change from teaching to law after I was selected to go to New York as Australia's female Indigenous Youth delegate to the United Nations Permanent Forum on Indigenous Issues in 2010.

      PubDate: Fri, 5 May 2017 21:33:05 GMT
       
  • Volume 8 Issue 27 - Aboriginal title to submerged lands in Canada: Will
           Tsilhqot'in sink or swim'
    • Abstract: Ralston, Benjamin
      The question of Indigenous rights to water bodies has been legally and politically fraught for the common law jurisdictions of North America and the Antipodes alike. As a result, a complex and arcane array of statutes and jurisprudence have been generated in response to these claims. By way of overview, New Zealand courts have acknowledged the possibility of Maori establishing customary rights in areas of foreshore, seabed, riverbed and lakebed through the unique statutory regime of the Maori Land Court. The Maori Land Court has occasionally acknowledged the factual existence of such rights, and the New Zealand Parliament has seen fit to redirect these claims through legislation. The High Court of Australia has rejected the possibility of exclusive Indigenous rights claims at sea under Australia's peculiar regime, the Native Title Act 1993, yet it has acknowledged that nonexclusive native title rights can be proven, including commercial fishing rights. Similarly, American courts have entertained Indigenous rights claims to submerged lands based on their own unique legal theories and histories, but claims of exclusive title in marine areas have so far been rejected.

      PubDate: Wed, 22 Feb 2017 19:01:03 GMT
       
  • Volume 8 Issue 27 - Human rights and human wrongs: A life confronting
           racism [Book Review]
    • Abstract: Orr, Robert
      Review(s) of: Human rights and human wrongs: A life confronting racism, by Colin Tatz, Monash University Publishing, 2015.

      PubDate: Wed, 22 Feb 2017 19:01:03 GMT
       
  • Volume 8 Issue 27 - Artist note: Gail Mabo
    • PubDate: Wed, 22 Feb 2017 19:01:03 GMT
       
  • Volume 8 Issue 27 - Months in review: October-December
    • Abstract: Donnelly, Paris
      PubDate: Wed, 22 Feb 2017 19:01:03 GMT
       
  • Volume 8 Issue 27 - Ensuring ethical collaborations in indigenous arts and
           records management
    • Abstract: Janke, Terri
      Traditional cultural expression ('TCE') and traditional knowledge ('TK') and its interface with intellectual property laws raise many challenges for law and policy makers. TCE and TK are viewed as incongruent with conventional intellectual property laws. However, the case studies in this paper will examine how the law, and protocols have dealt with this meeting place of culture and law to consider what lessons can be gleaned. I will then make some concluding comments about my vision for a National Indigenous Cultural Authority.

      PubDate: Wed, 22 Feb 2017 19:01:03 GMT
       
  • Volume 8 Issue 27 - Lore, law and water governance: Insights into managing
           water for country, Australia
    • Abstract: Nursey-Bray, MelissaArabana Aboriginal Corporation
      Governance of water, always a vexed management issue, becomes very complicated when considering how to incorporate Indigenous interests. Indigenous and Western traditions of governance and leadership overlap and intersect in multiple ways that reveal the difference between rights, lore and the law. A key element of national water governance in Australia is the National Water Initiative (NWI) of 2004, which was the first Commonwealth policy to try and incorporate Indigenous interests in relation to water. Subsequently, State and Federal governments have been trying to establish policy mechanisms for incorporating Indigenous values and interests in water allocation and other planning processes. Despite the aims of the NWI, Tan and Jackson argue that the NWI has four features that restrict an expression of Indigenous interests as articulated within the policy including: (i) the low priority given to Indigenous needs in over-allocated catchments; (ii) state government pressures, which result in a lack of clear guidance on balancing competing priorities; (iii) procrastination while awaiting Native Title determinations; and (iv) consultations that do not result in equitable access to valuable economic resource rights.

      PubDate: Wed, 22 Feb 2017 19:01:03 GMT
       
  • Volume 8 Issue 27 - Editorial
    • Abstract: Langton-Batty, Ruby
      PubDate: Wed, 22 Feb 2017 19:01:03 GMT
       
  • Volume 8 Issue 27 - Taking responsibility for don dale
    • Abstract: Appleby, Gabrielle; Reilly, Alexander
      Video footage depicts a guard running into a young boy's concrete cell, pinning the boy against the wall by the neck, throwing the boy to the ground, pushing the boy's face hard into a bare foam mattress while another guard strips the boy. The guards leave as quickly as they entered. The now naked boy writhes in despair, alone, with no hope of consolation.

      PubDate: Wed, 22 Feb 2017 19:01:03 GMT
       
  • Volume 8 Issue 27 - Compensation for extinguishment of native title:
           Griffiths v Northern Territory Represents a Major Step Forward for Native
           Title Holders
    • Abstract: Martin, Fiona
      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 been 37 compensation applications filed under the NTA. The De Rose decision was the first successful compensation determination, with all others except this one having been withdrawn, discontinued or dismissed. The 'De Rose Case' was the first decision to order the payment of compensation for the extinguishment of native title rights and interests, however as the financial terms of the settlement were agreed by the parties in mediation, and were kept confidential by the Court, the public does not know how much the amount of compensation awarded was. Nor were any significant details of the process of coming to this agreed amount revealed. The Court in this case provided a vague description of the negotiation process, with the parties proposing detailed calculations and formulae to one another, with 'vastly varying results', until ultimately a mutually agreeable amount was reached. The Court also mentioned that the State of South Australia was not prepared to accept that the freehold value of the extinguished area was necessarily relevant to the value of the native title rights and interests lost.

      PubDate: Wed, 22 Feb 2017 19:01:03 GMT
       
  • Volume 8 Issue 26 - Legal indigenous recognition devices
    • Abstract: Ruru, Jacinta
      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. The Maori prayer above inspires a call for governments to 'rise up' to legislate for the values, rights and interests of Indigenous peoples to once again enable caring for waters. Indigenous peoples throughout the world know that health and wellbeing intimately mirror people and environment. There is no separation viewed between saltwater, freshwater and land, for all is one entity, often regarded as Earth Mother, upon which people rely for sustenance and owe duties of care. New innovative law and policy offer some hope for future Indigenous generations to regain some governance oversight of the environment.

      PubDate: Tue, 7 Feb 2017 16:24:05 GMT
       
 
 
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