May 2006 Volume 6, Issue 19
This edition focuses on a variety of important legal developments. We have two book reviews relating to the Mabo v Queensland (No 2) decision. Kevin Williams looks at Michael Connor's The Invention of Terra Nullius:Historical and Legal Fictions on the Foundation of Australia. Garth Nettheim has provided a comprehensive account of Peter H Russell's Recognizing Aboriginal Title: The Mabo Case and Indigenous Resistance to English - Settler Colonialism.
In domestic affairs, Randall Ross, CEO of the Aboriginal and Torres Strait Islander Community Legal Services ( North Queensland), discusses the impact in Queensland of Federal Government changes to the provision of Indigenous legal services. Shaun Berg and Kate d'Assumpcao examine the Pitjantjatjara Land Rights (Miscellaneous) Amendment Act 2005 (SA) and argue that it will result in changes in contradiction to the purpose of the 1981 Act which was an endorsement of the legitimacy of Aboriginal decision-making processes.
Tess Burton and Cedric Davies, from the Yamatji Land and Sea Council, analyse the decision in Little v Oriole regarding the application of the expedited procedure of the Native Title Act 1993 (Cth).
Nicole Watson discusses the Corporations (Aboriginal and Torres Strait Islander) Bill 2005 (Cth). This comprehensive analysis looks at the likely impact of the Bill on Indigenous Corporations upon enactment on 1 July 2006.
Paul Ban has undertaken a comparative analysis of treaties in Australia, Canada and New Zealand, particularly in relation to the customary practice of Torres Strait Islanders of sharing the care of children within the extended family.
Finally, we aim to publish articles from a variety of perspectives in order to encourage debate. The Indigenous Law Centre does not necessarily support the opinions expresses in any particular article.
Archives of the Bulletin from Volume 1, Issue 1 (1981) to 6(9) 2005 are available at www.austlii.edu.au/au/journals/ILB/
The Invention of Terra Nullus: Historical and Legal Fictions on the Foundation of Australia
by Kevin Williams
Indigenous Legal Services
Indigenous Legal Services Restructured
by Randal Ross
Commentary
The Pitjantjatjara Land Rights (Miscellaneous) Amendment Act
by Shaun Berg and Kate d'AssumpcaoMajor Disturbance or Miner Disturbance: Little v Oriole Resources Pty Ltd (2005) 146 FCR 576
by Tess Burton and Cedric Davies
Corporation Law Changes
The Corporations (Aboriginal and Torres Strait Islander) Bill 2005 (Cth): Coming Soon to a Community Organisation Near You
by Nicole Watson
Treaties and Customary Practice
Book Review
Recognizing Aboriginal Title: The Mabo Case and Indigenous Resistance to English - Settler Colonialism
by Garth Nettheim
Regular
Recent Happenings May 2006