October 2006 Volume 6, Issue 22

Last year the Queensland Government enacted legislation for the declaration of “wild rivers” in the State. Of the 19 rivers declared in the State thus far, 14 of those are in the Cape York area. According to the Cape York Land Council, the legislation effectively stifles any Indigenous entrepreneurial activity on lands in declared river catchment areas. Astoundingly, the legislation does not oblige the Minister to advise or consult with native title holders or native title representative bodies on the nomination of a river for declaration.

From the Aboriginal Legal Service of Western Australia we learn more of the need for well-resourced interpreter services for Indigenous Australians. While the Federal Government provides funding for a 24-hour national translating service, covering 100 different languages, it defends the fact that not one of these languages is of Australia’s Indigenous peoples’ by the oft-used phrase: ‘this is a state/territory funding obligation’.

This edition also ensures that a spotlight remains focused on the development of shared responsibility agreements (‘SRAs’). Loretta de Plevitz examines SRAs from a contract law perspective and questions the legitimacy of making Indigenous children’s education a bargaining tool.

Marcus Holmes reviews Bevan Carter’s book, Nyungah Land: Records of Invasion and Theft of Aboriginal Land on the Swan River 1829-1850, a pertinent topic given the Federal Court’s recent decision in Western Australia.

Greg Marks presents a case study illustrating the complexity of protecting Indigenous rights at the domestic and international levels. It focuses particularly on the CERD Committee’s scrutiny of Australia’s treatment of Indigenous peoples.

Continuing the celebration of our 25th anniversary we look this time to Indigenous Law Bulletin co-founder, Professor Garth Nettheim. Garth was recently honoured with a place in The Bulletin’s ‘100 Most Influential Australians’, and deservedly so.

Roslyn Cook interviews this influential Australia on ‘how it all began’ and we publish a selection of past articles from Garth’s ‘all time favourites’.

Archives of the Bulletin from Volume 1, Issue 1 (1981) to 6(9) 2005 are available at www.austlii.edu.au/au/journals/ILB/

General Edition

The Wild Rivers Act 2005 (Qld)
by Prue Gusmerini

Book Review: Nyungah Land: Records of Theft of Aboriginal Land on the Swan River 1829-1850
by Marcus Holmes

No School, No Funds: Shared Responsibility Agreements and Indigenous Education
by Loretta de Plevitz

Australia, Indigenous Rights and International Law
by Greg Marks

Special ILB Anniversary Section

Profile: Professor Garth Nettheim: How it all began…
by Roslyn Cook

Aboriginal Law Bulletin Volume 1 Issue 20 June 1986

The Original Wave Hill Mob Letter

Aboriginal Law Bulletin Volume 3 Issue 62 June 1993

Mabo: Aboriginal Peace Plan

Regular

Recent Happenings October 2006