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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)).

The Aboriginal and Torres Strait Islander Commission (ATSIC) was established in 1990 by the Aboriginal and Torres Strait Islander Commission Act 1989 (Cth). The Act made provisions for the establishment of 35 representative Regional Councils on behalf of Aboriginal and Torres Strait Islander communities in Australia.

For Aboriginal and Torres Strait Islander peoples, agreement-making can be an expression of free, prior and informed consent and the beginning of cooperative relationships with governments and other parties.

Senate Community Affairs Legislation Committee Inquiry on the Employment and Workplace Relations Legislation Amendment (Welfare to work and other Measures) Bill 2005 and the Family and Community Services Amendment (Welfare to Work) Bill 2005 (together 'the Bills')

I attach a report of my inquiry into complaints by Mr Huong Hai Nguyen and Mr Austin Okoye against the Commonwealth of Australia and GSL (Australia) Pty Ltd, pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth).

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:

In its final recommendations, the Council for Aboriginal Reconciliation proposed that there be a legislative requirement for the Social Justice Commissioner to monitor progress towards reconciliation on an annual basis. In the Social Justice Report 2000 it was noted that while legislative amendment to this end was desirable, this task could be undertaken under my existing functions. Accordingly, I undertook to provide an annual evaluation of progress towards reconciliation as part of the social justice report.

I have completed my report of an inquiry into the complaint made pursuant to section 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Mr Prashant Cherkupalli.

<ul> <li><a href="#a1-1">1.1 Overview</a></li> <li><a href="#a1-2">1.2 Key findings and recommendations from A last resort? </a></li> <li><a href="#a1-3">1.3 Key legislative and policy changes</a></li> <li><a href="#a1-4">1.4 New Directions in Detention policy </a></li> <li><a href="#a1-5">1.5 Third country processing</a></li> <li><a href="#a1-6">1.6 Indefinite detention on Christmas Island</a></li> <li><a href="#a1-7">1.7 Rapid offshore processing after September election 2013</a></li> <li><a href="#a1-8">1.8 Other policy decisions</a></li></ul>

The reporting period for this Report is 1 July 2008 to 30 June 2009. Throughout this period, there was significantly more activity in native title law and policy than I witnessed in the first five years of my term as the Aboriginal and Torres Strait Islander Social Justice Commissioner.

The literature review pulls together some of the main concepts and findings about Indigenous young people with cognitive disabilities and/ or mental health issues from involvement with the juvenile justice system. However, we are also interested in finding out what is actually happening on the ground for these young people.

Commissioners: DR SEV OZDOWSKI, Human Rights Commissioner MRS ROBIN SULLIVAN, Queensland Children's Commissioner PROFESSOR TRANG THOMAS, Professor of Psychology, Melbourne Institute of Technology MS VANESSA LESNIE, Secretary to the Inquiry

COMMISSIONER OZDOWSKI: Welcome to every one, I think we will start rolling and I would like to formally open this public hearing which is one of series of hearings conducted around Australia. My name is Sev Ozdowski and I am the Human Rights Commissioner and with me are my two Assistant Commissioners. To my right is Dr Trang Thomas, Professor of Psychology at the Royal Melbourne Institute of Technology. And to my left is Dr Robin Sullivan who is Queensland's Children's Commissioner. At the end of the table on the left is Vanessa Lesnie who is the counsel assisting the Inquiry.

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 no mechanisms to safeguard human rights principles. Substantive, just and equitable outcomes are only achieved if there are minimum standards in place to recognize and protect these principles.