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14 December 2012Book page
Native Title Report 2002: Implications of Miriuwung Gajerrong & Wilson v Anderson
The reasoning of the High Court in Wilson v Anderson [1] and Miriuwung Gajerrong [2] provides a comprehensive analysis of the operation of the Native Title Act 1993 (Cwlth) (‘NTA’). It is detailed and legally complex. In discussing NSW crown land legislation, Justice Kirby made the following observation about the NTA and the native title system: -
Legal
14 December 2012WebpageSubmission - Proposed minor native title amendments (2009)
Proposed minor native title amendments Submission by the Aboriginal and Torres Strait Islander Social Justice Commissioner in response to the Attorney-General’s discussion paper on proposed minor native title amendments 19 February 2009 (extension granted) Download in Word [519KB] Download in PDF [194KB] Table of Contents 1 Introduction 2 Overview of Recommendations Part I – Australian Human… -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012PublicationSubmission: Human rights and fundamental freedoms of Indigenous people
Submission to the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people – Australian mission Indigenous People's Organisations Network of Australia 17 - 28 August 2009 Download Complete report PDF [667 KB] Complete report Word [502KB] Special Rapporteur on Indigenous Peoples’ - Australian Mission The Australian Human Rights and Commission has made… -
Legal
14 December 2012Webpage
Inquiry into the Native Title Amendment Bill 2009
Inquiry into the Native Title Amendment Bill 2009 Australian Human Right Commission Submission by the Aboriginal and Torres Strait Islander Social Justice Commissioner to the Senate Standing Committee on Legal and Constitutional Affairs 24 April 2009 Download in Word Download in PDF Table of Contents 1 Introduction 2 Overview of recommendations Part I – The Native Title Amendment Bill 2009 3… -
Aboriginal and Torres Strait Islander Social Justice
14 December 2012Book page
Native Title Report 2000: Chapter 3: Native title and sea rights
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… -
14 December 2012Book page
Native Title Report 2001: Chapter Two: Resourcing Equality
The recognition and protection of native title and the participation of Indigenous people in decisions affecting their land are critical priorities within a human rights framework.