Some days, there are in excess of 150. 491. Indigenous court case lodged in Australian Human Rights Commission looks to claim $400 million in stolen wages. Register of convictions, orders and other proceedings in the Court of Petty Sessions at Kerang, commencing 2/5/1888 to … (A backlog of hundreds of cases accumulated this year after Aboriginal communities were closed to outsiders to protect them from the spread of the coronavirus.). This article is available to subscribers who have digital access included in their subscription. The files deal with a wide range of topics relating to the welfare of Aboriginal people and the general administration of the Aborigines Act 1897 (and the later 1905 Act), including the admission of Aboriginal children to missions, the distribution of government rations to the old and infirm, and criminal investigations and court cases concerning Aboriginal people. Login. Her choice of this research technique has resulted in record that may be of use to other researchers. Josh Zimmerman. She recorded cases of persons charged for crimes against named Aboriginal people and Aboriginal people charged with a crime. Josh Zimmerman. Some Case Studies. In a split 4-3 decision yesterday, the High Court found Aboriginal people held a special status exempt from immigration laws, after considering the cases … Magistrate Chris Vass had worked for 15 years in Papua New Guinea (PNG). Victoria used the indexes and guides available in the then Archives Authority of NSW to trace records of persons, whose recorded names suggested Aboriginality and non-European origins, before the law. In some remote Aboriginal communities, judges and lawyers arrive by plane and handle dozens of cases in a single day. But critics call Australia’s bush courts a particularly punitive institution with roots in colonialism that abuses the rights of Indigenous Australians. If you have any queries or feedback about this content please contact EAS. All persons, Aboriginal or non-Aboriginal, who are residents of an Aboriginal community come within the jurisdiction of the Aboriginal court. “The kids, they are really in danger,” said Clare Jongmin, an Aboriginal elder and the aunt of the teenager shot by the authorities in 2002. After a 14-day trial, three Aboriginal artists and the estates of five other deceased Aboriginal artists were awarded damages totalling $188 640 for infringements of their copyright. Some Wadeye residents say they support a tough approach to law enforcement. They would have only a few minutes with their lawyers, also newly arrived, before being called one by one to portable tables in the courtroom to face the judge, a woman wearing orange glasses and heels. Al-Kateb v Godwin is one of the more controversial cases. An administrative history of contact between the Government of New South Wales and Aboriginal people. “Aboriginal people are filling up the jails because they don’t understand the process,” said Stewart Levitt, a human rights lawyer based in Sydney who is representing several residents of Wadeye in a class-action suit against the territory’s government that alleges institutionalized racial discrimination. Case study 4: 'The carpets case' A landmark in the legal protection of Aboriginal art occurred in 1994. This index was prepared in 1988-9 by Victoria Jane Barclay Gollan (born 1958) as a research and writing aid for a Doctorate of Philosophy on Aborigines and the Law for Sydney University. No longer does an Aboriginal court have the power to hear civil cases involving less than $200, a power which, apparently, was rarely if ever used. In the mid-1980s he started to do a circuit to the Pitjantjatjara The first Indigenous urban court was convened in Port Adelaide, South Australia, on 1 June 1999. "To remove Aboriginal Australians from the country would be another, if not worse, case of dispossession," he said. Both men are Indigenous. In 2007, an officer fired warning shots at residents, and in 2016, the police cracked the skull of a man boarding a plane to face charges in Darwin, the territory’s capital. The courts are part of a legal system that, by some estimates, has made Aboriginal Australians the most incarcerated people in the world; they make up 26 percent of the population of the Northern Territory but account for 84 percent of its inmates. The High Court has ruled Aboriginal Australians cannot be considered "aliens" under the constitution, presenting a major hurdle to the deportation of two men. Teams of interpreters are often short-staffed, and in some cases, they speak only rudimentary English themselves. Ms. Liddle, the director of the Aboriginal justice unit, said that judges were often “hogtied” when it came to making appropriate calls for defendants, largely because of mandatory sentences and scarce alternatives such as community work orders. Register of convictions, orders and other proceedings in the Court of Petty Sessions at Kerang, commencing 2/5/1888 to … Aboriginal Australians born overseas can never be deported, court rules in landmark case. Case Information. Indigenous court case lodged in Australian Human Rights Commission looks to claim $400 million in stolen wages. Magistrate Chris Vass had worked for 15 years in Papua New Guinea (PNG). Aboriginal Resources: An Overview of Records, Aboriginal Resources: A Guide to NSW State archives, Aboriginal Resources: Administrative History, Aboriginal Resources: Chronology of Significant Events, Aboriginal People in the Register of Aboriginal Reserves. She intended to include a chapter in her thesis about the inequity suffered by Aboriginal people before the law in colonial Australia. national; courts & law; Indigenous non-citizens are exempt from immigration laws, High Court rules in landmark case. Some argue that such changes would be difficult to carry out in places like Wadeye with high rates of crime and recidivism. Deporting Aboriginal people from Australia would be another case of dispossession as in Mabo, the High Court has heard. Josh Zimmerman The West Australian. Victoria's interest in Aboriginal history is marked in a scholarship for an Aboriginal student in the Faculty of Law at Sydney University known as the Victoria Gollan Memorial Scholarship for an Aboriginal Student. Acknowledgement of Country Some important immigration court cases have been heard in Australia. Paul Jones, a sergeant at the Wadeye police station, with Aboriginal elders. References to Aboriginal people are likely to be found throughout the records of various Government agencies held in our collection and may be located through our catalogue, finding aids and indexes. And it was Gageler who took the Malaysia trade deal to the high court arguing that human trafficking is legal, something the high court dismissed in that case but legalised in the follow on Nauru case. The High Court of Australia ruled in favor of the Ngaliwurru and Nungali groups from the Northern Territory in the biggest ‘native title’ ruling on indigenous rights to traditional land and water in decades on Wednesday.. This article is available to subscribers who have digital access included in their subscription. Outside, more than a dozen Aboriginal defendants waited barefoot in the blistering heat. This overview provides a brief explanation of State archives that document the NSW government's interaction with Aboriginal people from 1788 until today. This court pays regard … to tribal lore and customary punishments but the Australian law is designed to protect all Australians and I fear, if I ignore matters such as this — matters which occur between Aboriginal people — it can be said that the law does not extend to the protection of the black people. The Court was asked to consider whether Aboriginal non-citizens of Australia could be ‘aliens’ as found in section 51(xix) of the Constitution. On a sweltering Tuesday in mid-October, three defense lawyers who had flown into Wadeye (pronounced wad-air) from Darwin sat in a tiny room adjacent to the courthouse, poring over files that spilled out of suitcases. NSW State Archives is unaware if this database is a complete record of Aboriginal people and the law held as NSW State archives in the period 1788-1838. The court found Birubi Art breached Australian … This chronology gives an overview of significant events which have happened in Australia from 1788 to 1998, concentrating on the relations between Aboriginal people and the post-1788 immigrants. The Court was split, with Bell, Nettle, Gordon and Edelman JJ finding that Aboriginal Australians cannot be aliens. Updated Updated 26/08/2013 Share More than 90 cases, ranging from traffic offenses to bail breaches to domestic violence charges, were scheduled to be heard that day. “How can I leave my daughter and my son behind?” Ms. Melpi said. She intended to include a chapter in her thesis about the inequity suffered by Aboriginal … But elders say the status quo is unacceptable, and some have begun trying alternatives. The result was a civil suit by the Victorian Council for Civil Liberties and … She recorded cases she suspected were of indigenous people from other countries, as well as cases that seemed to be concerned with Australian Aboriginal people, to assist her in describing the particular disadvantages Aboriginal people suffered. Are you already a subscriber? The full text of court and tribunal decisions is available from: AustLII website. Lower Court Judgment. In the 1930s, Catholic missionaries forced nearly two dozen disparate clans to live together on a slice of land belonging to just one of them, dispossessing the local people of their languages, culture and systems of leadership. She was interested in the changes in New South Wales of the operation of British Law, as it affected Aboriginal people, within the first half of the nineteenth century and in the attitudes of individual judges. The High Court has found Aboriginal people hold a special status and are exempt from immigration laws, after considering the cases of two men facing deportation for criminal convictions. Web-based services for clients to access information about cases before the courts. This paper describes the range of practices used. She held a Bachelor of Law and a Bachelor of Arts with First Class Honours in French.