Proposals for reform of the Native Title Act: Australian Law Reform Commission calls for submissions

Media Release

23 October 2014

     Proposals for reform of the Native Title Act: ALRC calls for submissions

The Australian Law Reform Commission has today released a Discussion Paper, Review of the Native Title Act 1993 (DP 82). The paper contains a range of proposals and questions around connection requirements for the recognition and scope of native title rights and interests; authorisation; and joinder provisions. The ALRC is seeking feedback on these proposals.

Professor Lee Godden, Commissioner-in-charge of the Inquiry, said, “The ALRC has relied on more than 100 consultations with Indigenous organisations and individuals, industry, academics, state governments and many other people who are actively involved in the Native Title claims process and we are extremely grateful to everyone who has provided input into our thinking to date. Under the Terms of Reference for the Inquiry, we were to be guided by the Preamble and the Objects of the Native Title Act. In addition, the Inquiry has developed five guiding principles to underlie reforms: acknowledging the importance of the recognition of native title; acknowledging the many interests in the native title system; encouraging timely and just resolution of determinations; consistency with international law; and supporting sustainable futures. Our proposals seek to improve the operation of the Native Title Act within this principled framework.”

ALRC President, Professor Rosalind Croucher, said, “The Native Title Act is a key element in recognising the relationship of Indigenous people to land and waters. Reforms must also consider the impacts upon all participants in the native title system, as native title operates across many sectors in Australian society. In this context, the ALRC has had regard to the complexity of law, procedure and practice and the significant policy and economic context for native title. The challenge is to consider change in the native title system that advances the recognition and protection of native title, while ensuring that reforms support a robust and productive relationship between all participants.”

The ALRC will now undertake a further round of national consultations and will provide its Final Report to the Attorney-General by the end of March 2015. 

The ALRC invites individuals and organisations to make submissions in response to the Discussion Paper by 18 December 2014. Submissions can be made in writing by post or by email or using the ALRC’s online submission form: www.alrc.gov.au/content/native-title-dp82-online-submission

The Discussion Paper is available from the ALRC website in a range of formats, including as an ebook. All ALRC publications are available free of charge at www.alrc.gov.au/publications.

Subscribe to the Native Title Inquiry enews on the ALRC website. 

Media contact Marie-Claire Muir on (02) 8238 6305 or 0466 635 405 or via email at <marie-claire.muir@alrc.gov.au>

Further information on the work of the ALRC can be found at www.alrc.gov.au

Christian terrorist outed online

Honi Soit mocking the Abbott Government’s scare campaign and expansion of Australia’s national security laws:

Local terrorist Rob Wilson is counting his lucky stars this week, after the Federal government once again pledged to focus a majority of its counter terrorism efforts on innocent Muslims and people fleeing Iraq, to the relief of Christian terrorists country over. The father of three and part time extremist says he is actually quite glad a majority of his work goes overlooked as a Christian extremist, as he prefers to let his work speak for itself, and he’s not in it for fame or glory.

Rob says he has been a hobbyist terrorist for some years now, tinkering away in his back shed with various detonators, when not scouring his Bible for new sins, and is always on the look out for more industrial grade manure to ad to his rapidly growing collection. While Rob says his interest is only a weekend job at the current time, he hopes that someday it might become his death.

Despite the government’s support, it’s not all smooth sailing for Rob, with the occasional run in with the authorities inevitable in his line of work. “For a while I was getting really worried that the police had cottoned on to my plans and might shut things down,” says Rob, “there was always this van with tinted windows parked out the front, but in the end it turned out they were just after my Sikh neighbors. Apparently they’d had a whole kitchen drawer full of knives of something, so they were all taken in for questioning under anti-terror laws and nobody’s heard from them since.”…….

Metgasco Limited's future plans for gas exploration on the NSW North Coast dependent on NSW Police acting as its agent?

The Northern Star 22 October 2014:

THE QUESTION of what constitutes effective consultation dominated the final day of Metgasco's Supreme Court hearing in Sydney yesterday.

According to Gasfields Free Northern Rivers spokesman Dean Draper, the government's counsel argued Metgasco should have been more transparent about its future plans if the Rosella gas well was successful.

Mr Draper said the government's legal team read from an email from Peter Henderson to Land and Water Commissioner Jock Laurie, which Mr Draper said informed Mr Laurie the company needed to mobilise its drill rig and "needed some help from the government to engage with the community".

The government's lawyers also quoted from a letter from Peter Henderson to the NSW Premier saying the company needed government and police assistance in order to proceed with its drilling and its gas plans for the region…..

Justice Richard Button asked for extra information to be given to him by close of business Friday. It is understood he is under no time constraints. A decision could take up to a year.

One reader’s online comment under this article:

Is the Abbott Government 'Relocation Assistance to Take Up a Job' program shaping up to be a dud?

The Abbott Government Relocation Assistance to Take Up a Job program commenced on 1 July 2014.

Eligible participants who have been unemployed for at least twelve months can receive financial assistance of up to $3,000 if relocating to a capital city, $6,000 if relocating to a regional area and an extra $3,000 if relocating with dependent children.

By 22 October 2014 only 145 people out of the estimated 745,500 unemployed persons across Australia (ABS 6202.0 Labour Force statistics September 2014) used this program to move from where they were living to take up a job elsewhere.

The Guardian reported that: In each state the majority of those relocating stayed within state borders. The largest number of relocations occurred within Queensland, where 26 of the 43 movers stayed in the state. Data showed that 30 people accessed the program from NSW, 27 from Victoria, 19 from South Australia, nine from Tasmania and six from WA. So far, no one has left the Northern Territory, but 15 people moved there from around Australia.

These 145 jobs are allegedly in accommodation and food services, manufacturing, and agriculture, forestry and fishing.

According to Federal Assistant Minister for Employment and Nationals MP for Cowper Luke Hartsuyker of these 97 men and 48 women, 42 were under 30 years of age and another 42 were between 30-40 years old.

With the national unemployment rate trending at 6% and only 0.019450033534540577% of the registered unemployed participating in this program to date, it is not shaping up to be a resounding success.

The former Federal Labor Government’s relocation incentives which commenced in early 2011 also did not have a high take up rate.

One has to suspect that the level of financial assistance on offer does not come close to meeting real life relocation costs for the majority of long-term unemployed Australians in 2014.

Baird Government pays the price for corruption within its ranks

Image from ABC News 26 October 2014

NSW Labor claimed victory in both the by-election for Newcastle (Crakanthorp) and by-election for Charlestown (Harrison) about two hours after polls closed on Saturday night.

The NSW Electoral Commission recorded that Tim Crakanthorp had received 36.95% of first preference votes as at 12.59 pm and Jodi Harrison 49.39% of first preference votes as at 2.01 pm on Sunday 26 October 2014.

Both seats had been without a sitting member since NSW Independent Commission Against Corruption investigations revealed that the then NSW Liberal MP for Charlestown Andrew Cornwell and then NSW Liberal MP for Newcastle were involved in receipt and use of irregular and/or unlawful political donations.

Operation Spicer and Credo hearings saw a total of thirteen Liberal Party federal, state and local government politicians either resign, move to the cross benches and/or stand aside from parliamentary positions until investigations findings are published.

Knowing that defeat in these by-elections was inevitable the Baird Coalition Government chose not to contest the seats.

However, in a little over five months’ time in March 2013, the NSW Liberal-National Coalition is expected to have candidates stand in these seats at the state general election.

So Crakanthorp and Harrison have only a short time to make their mark on Hunter region voters before they have to fight to keep their newly-won seats in the NSW Legislative Assembly.

'Cancel all CSG licences' March & Rally - 10 am Riverside Park, Lismore, 1 November 2014

Taking it to the streets in Lismore on 1st November 2014 – Cancel all Licences – Rally & March starting at Riverside Park at 10am

http://www.northernstar.com.au/videos/local-farmers-opposing-gasfields/24751/

Yet another telephone scam

A caller rang yesterday and told me that someone at my address had been in a motor vehicle accident in the last three years and ever so kindly said he would do his utmost to assist me in so many ways.

I asked the caller to tell me the name of the organisation that was going out of its way to assist me and the caller said he was from Accident Help Services in Fairfield.

Sadly (for the caller, who was by then my very next best friend), I had to tell him that he was barking up the wrong tree because no one at my address had been in a motor vehicle accident. I didn't mince words when I told him what I though about him and his scam.

The caller must have been very disappointed that he couldn't 'help' me because he very rudely terminated the call.

Cabbage Tree Island and other massacres on the NSW North Coast

ABC North Coast NSW 23 October 2014:

Lois Cook takes on a history detective mission to track down people and documents to find out if her family's oral history is supported by other accounts from the 19th century. With the help of the staff of Ballina Library she discovers commentary by settlers and historians who were compelled to record the brutality against the local Indigenous people.

This video was created by Lois Cook and her family in collaboration with ABC Open in a series of video production workshops.

It is a special project for ABC North Coast's initiative UNTOLD, culminating in a live broadcast from Cabbage Tree Island on October 28 2014.

Babe in the reeds: a story of massacres and resilience from ABC Open North Coast NSW on Vimeo.

A jaw drop or laugh out loud post

Sometimes the Internet demonstrates just how weirdly incorrect some posts can be.

This post flows effortlessly from the pen of a U.K. contributor to the online version of World Coal magazine.

He obviously doesn’t realise that Metgasco Limited’s drill site at Bentley is a tight gas not an oil sands site and, Queensland’s parliament is not home to the federal government:

The actual letter sent to the Member for Nicklin by the Queensland Parliamentary Service, dated 2 October 2014, can be found at

https://d3n8a8pro7vhmx.cloudfront.net/lockthegate/pages/1490/attachments/original/1412722100/LTG_event_banned_from_State_Parliament.pdf?1412722100

For their sins this is what some Lock The Gate supporters did:

http://vimeo.com/103762184

HD .MP4 file (1280x720 / 57MB)