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One of the major events of the period covered by this report was the handing down of the decision by the full Federal Court in the Croker Island case (1) on appeal from the decision of Justice Olney. (2) It is the major test case on the recognition of native title sea rights and represents the most authoritative statement of the law in Australia at the present time. It was a split decision and…

During 2007-08, HREOC received six initial requests for access to documents under the Freedom of Information Act. HREOC was also asked to conduct an internal review of one of those decisions.

The Complaint Handling Section had a productive year investigating and conciliating complaints of alleged discrimination and human rights breaches; providing information to the public about federal anti-discrimination and human rights law through its Complaint Information Service and community education and liaison program; and providing complaint investigation and resolution skills training to…

Last year’s Social Justice Report noted that to date there has been insufficient attention by governments to processes which ensure greater Indigenous participation and control over service design and delivery as part of an overall strategy to redress Indigenous disadvantage and economic marginalisation. I observed that:

A stable and enduring basis for a dynamic and long term relationship between Indigenous and non-Indigenous people over land is emerging through negotiation and agreement-making. Native title agreements are increasingly seen as an important tool in defining the rights of native title holders over their land. But here, as in other aspects of native title, there is concern that there are currently…

On 21 June 2007, the Australian Government announced a ‘national emergency response to protect Aboriginal children in the Northern Territory’ from sexual abuse and family violence.[1] This has become known as the ‘NT intervention’ or the ‘Emergency Response’. The catalyst for the measures was the release of Report of the Northern Territory Board of Inquiry into…

back to contents Chapter 5: Addressing family violence in Indigenous communities There is no issue currently causing more destruction to the fabric of Indigenous communities than family violence. This has been acknowledged by all levels of government in recent years, with a number of significant inquiries and initiatives undertaken or commenced at the federal, state and territory level to address…

Obligations to ensure effective participation exist in nearly all the main human rights treaties. These obligations have been synthesised into the principle of free, prior and informed consent of indigenous peoples.

There is an urgent need for sound policy in Indigenous affairs. Chapter 1 of the Social Justice Report 2006 considers what some of the key elements of good Indigenous policy making are.

This appendix contains the survey form that my Office compiled and sent to all Indigenous communities and organisations that had entered into a Shared Responsibility Agreement (SRA) with the federal government by 31 December 2005. By this date 108 SRAs had been finalised, and they involved 124 communities.

Human rights principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given legal recognition and protection. International legal principles also recognise that Indigenous peoples have economic, social and cultural human rights. Native title, as it is constructed through the Australian legal system, has a limited capacity to meet these human…

* When complaints under the Racial, Sex and Disability Discrimination Acts are terminated, the complainant may apply to have the allegations heard and determined by the Federal Court or the Federal Magistrates Service.

The framework of principles presented in chapter 2 of this Report puts the economic and social development of the traditional owner group at the centre of the native title process. It seeks to build the power and capacity of the traditional owner group to direct and achieve its own economic and social development. It sees the native title system as a tool to assist traditional owners in this…

This report has focused on proposals for the leasing or alienation of Indigenous land, with a specific focus on the Indigenous Land Tenure Principles released by the National Indigenous Council (NIC). The purpose of this Chapter is to discuss these Principles from a human rights perspective, with a particular focus on the right to development.