February 2006 Volume 6, Issue 17
This edition covers a broad range of legal issues and their impact on Indigenous Australians.
Claire Minsun Song, from the NSW Law Society, kicks off this edition with details of the Family Law Affidavit Pilot Project now operational for Indigenous women in rural NSW in need of family law assistance.
Roslyn Cook and Joe McNamara discuss current bail practices in western NSW and question whether this practice isn't anything more than 'ill-considered social engineering'. Still on criminal justice issues; principles for the consideration of Aboriginality when sentencing were proposed in the case of R v Fernando (1992) 76 A Crim R 58. Here, Richard Edney analyses decisions made recently in the NSW Court of Criminal Appeal and questions whether these decisions have done irreparable damage to the consideration of Indigeneity in sentencing.
Spokesperson for the Yorta Yorta Nation Aboriginal Corporation Council of Elders, Henry Atkinson, writes for us on the Aboriginal Heritage Bill in Victoria. Further on this topic, ANTaR Victoria raise their concerns regarding the lack of time and resources made available for consultation and negotiation and discuss whether the Bill will provide appropriate cultural heritage protection.
Nigel Stobbs discusses the debate over whether burning the Australian flag should be criminalised, recently reignited after (unrelated) protests in NSW and Queensland. Is it a legitimate form of political protest or a threat to nationhood?
Archives of the Bulletin from Volume 1, Issue 1 (1981) to 6(1) 2004 are available at www.austlii.edu.au/au/journals/ILB/
Legal Services for Remote Areas
The Family Law Affidavit Pilot Project: Legal Assistance for Indigenous Women
by Claire Minsun Song
Current Trends in Criminal Justice
Bandaid Bail: Current Bail Practices in NSW Come Under Fire
by Roslyn Cook and Joe McNamaraThe Retreat from Fernando and the Erasure of Indigenous Identity in Sentencing
by Richard Edney
Customary Law in WA
Teaching a New Dog Old Tricks: Recognition of Aboriginal Customary Law in Western Australia
by Dr Tatum Hands
Cultural Heritage Bill
Aboriginal Heritage Bill
by Brigid Anderson, Frank Hytten and Clare LandYorta Yorta Nation Aboriginal Corporation's Objection to the Cultural Heritage Bill
by Henry Atkinson
Comment
I Love A Sunburnt Country, But I Prefer 'My' Flag Intact: Is Burning the Australian Flag Illegal, Can they make it Illegal?
by Nigel Stobbs
Regular
Recent Happenings February 2006