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Aboriginal and Torres Strait Islander Social Justice14 December 2012Publication
Native Title Report 2003: Index
Native Title Report 2003 Aboriginal and Torres Strait Islander Social Justice Commissioner Contents Contents PDF Summary : Summary PDF Introduction : Introduction PDF Chapter 1: Native title and the right to development : Chapter 1 PDF The right to development Non-discriminatory Development Participatory Development Culture and Development Development that realises economic, social and cultural rights Self-Determined Development Sustainable. -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Speech
Launch of the Social Justice Report 2003 and Native Title Report 2003
I am speaking on behalf of Dr William Jonas, the Aboriginal and Torres Strait Islander Social Justice Commissioner. Dr Jonas is unable to be here today, with doctors having advised him he is not able to fly at this time due to a recurring illness. Dr Jonas sends his apologies and has asked that I deliver this speech on his behalf. He has asked me to express to you his appreciation for attending today and to thank Parry Agius and Lowitja O'Donoghue for agreeing to speak at this launch. -
14 December 2012Book page
Native Title Report 2003 : Chapter 4: Native Title and Agreement Making : a Comparative Study
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. -
14 December 2012Book page
Native Title Report 2003 : Chapter 2 : Native Title Policy - State and Commonwealth profiles
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 rights standards. -
14 December 2012Book page
Native Title Report 2003 : Chapter 3 : An Evaluation of native title policies throughout Australia
State, Territory and Commonwealth native title policies (1) direct the way in which governments conduct negotiations with native title claimant groups and the scope and content of the agreements they make as a result of these negotiations. Such policies may influence whether negotiations will be confined to native title rights and interests as they are legally defined, or whether they address the broader economic and social development needs of the claimant group. -
Legal14 December 2012Webpage
Submission - ‘Towards An Alternative Settlement Framework For Native Title’ (2006)
I welcome the Western Australian Government’s commitment to developing an Alternative Settlement Framework to resolve native title claims, following the standards of recognition and extinguishment set by the Yorta Yorta1 and Miriuwung Gajerrong2 decisions, respectively. I also note the Government’s commitment to a fair and just relationship between the Government and Aboriginal people in Western Australia, as set out in the Statement of Commitment.3 -
Aboriginal and Torres Strait Islander Social Justice14 December 2012Publication
Native Title Reports
Under the Native Title Act 1993, the Social Justice Commissioner is required to prepare a Native Title Report each year for federal Parliament. Through these reports the Commissioner gives a human rights perspective on native title issues and advocates for practical co-existence between Indigenous and non-Indigenous groups in using land. -
14 December 2012Book page
Native Title Report 2003 : Chapter 1
Australia is a wealthy nation. In 2003, Australia ranked fourth in the United Nations Human Development Index (1) indicating Australians enjoyed one of the highest qualities of life in the world. Overall, Australia ranks equal fourth with the highest life expectancy at birth (79.0 years) suggesting Australians are among the healthiest people in the world. (2) -
14 December 2012Book page
Native Title Report 2007: Chapter 3
It is crucial to the functioning of the native title system that there are organisations representing Indigenous people and assisting them to gain recognition and protection of native title. -
14 December 2012Book page
Native Title Report 2007: Chapter 11
</B>While the native title system is able to deliver social and cultural outcomes through determinations of native title, Indigenous land use agreements (ILUAs) are one of the only ways in which native title holders can pursue economic development. -
14 December 2012Book page
Native Title Report 2005: Chapter 1: Background the origin of land rights and barriers to economic development through native title
The Australian Government has signalled that economic development is a central focus for the Indigenous Affairs portfolio this term. The Ministerial Taskforce on Indigenous Affairs, created in May 2004 to drive and coordinate the federal Government’s Indigenous policies,1 identified as one of three key areas2 for priority action: -
14 December 2012Book page
Native Title Report 2008 - Chapter 3
The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the land. This is despite the Western Australian government openly acknowledging the Noongar peoples as the Traditional Owners of the land.