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This year marks the twentieth anniversary of Australia’s introduction of mandatory immigration detention and the eighteenth anniversary of the system of mandatory, indefinite immigration detention. In the current context, it is apt to recall that mandatory detention was introduced in reaction to the arrival of asylum seekers by boat, with concerns about a potential ‘influx’…

In 2006 the Secretary of the Department of Prime Minister and Cabinet made a revealing statement about Indigenous affairs. He argued that his own government’s policy performance in the Indigenous portfolio had been a failure. He went further to say that while well intentioned, the policies and approaches of the past 30 years had contributed to poor outcomes for Indigenous people.

The Racial Discrimination Act 1975 (Cth) (RDA) makes it unlawful to discriminate on the basis of race, colour, descent or national or ethnic origin. The proscriptions of unlawful discrimination in the RDA potentially apply to Shared Responsibility Agreements (SRAs), including:

1.1 Introduction 1.2 Machinery of Government changes 1.3 The 2014 Budget 1.4 Leadership, representation and engagement 1.5 Constitutional recognition 1.6 Indigenous Jobs and Training Review 1.7 Closing the Gap 1.8 Stolen Generations 1.9 International developments 1.10 Australian Human Rights Commission complaints 1.11 Conclusion 1.1 Introduction At the beginning of this reporting period, we…

The failure in Australia to perceive native title and land rights as the basis on which to address Indigenous economic and social development has been evident at legal, policy and administrative levels. Legally, the increasingly narrow interpretation of native title by the High Court has, as Noel Pearson has pointed out, stripped native title of much economic meaning or benefit.

Claimant application means an application made by Aboriginal people or Torres Strait Islanders under the Native Title Act for a determination that native title exists over a particular area of land or waters (s 61(1) Native Title Act).

When I commenced writing this chapter in 2008, Australia did not have a national Indigenous languages policy. However in August 2009, for the first time in Australia’s history, the Commonwealth Government launched a strategy for preserving Indigenous languages: Indigenous Languages - A National Approach 2009 (National Approach). The National Approach sets out the Commonwealth Government&…

Homelands still belong to the people, we want to build homes on our land and live there. When we come to the homeland we come back to the peace and quiet. ... It is a much better environment on the homelands, better things for the children.[1]

There are a host of benefits associated with community arrangements for asylum seekers, refugees and stateless persons. Community arrangements are more closely aligned with international human rights law and standards than models of indefinite closed immigration detention. They also provide for far more humane treatment of people seeking protection.

This table includes summaries of every native title determination that occurred during this period, and notable or interesting agreements; it does not include every Indigenous Land Use Agreement (ILUA) registered or other native title agreements made over this period, due to the large volume. A snapshot of applications, determinations and ILUAs from this period is provided at the end of this…

The ownership, particularly communal ownership of land by Indigenous people began in 1976 with the introduction of land rights legislation in the Northern Territory (the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA (NT)).