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The recognition of native title by the High Court in 1992 was a significant development in the legal apparatus for protecting Indigenous culture. Under the concept of native title it is possible that sacred and significant sites and objects might be protected, not within the historical category of Aboriginal heritage, but as matters valued in contemporary Indigenous culture with current significance to a people whose culture is ongoing. In addition, under native title such protection could be provided, not as an act of beneficence by government, but as a matter of legal right.

The deceased had been arrested for driving under the influence of alcohol and for driving while disqualified. He was placed in what the Coroner described as an enclosed cell, in which occupant vision is impossible, at around 3.00am and told he would remain there for a period of four hours.

In my Native Title Report 2007, I reported on the changes that were made to the native title system during that year. The changes, which were made through two pieces of legislation which amended the Native Title Act, primarily affected:

The deceased was in the psychiatric unit at Long Bay Prison. He approached a nurse on 25 July 1989 at 2.30pm and stated he was feeling ill. She gave him advice as to the illness and provided him with medication. He later approached another nurse and said he wanted to return to his cell. The nurse checked with a prison officer and he was taken to his cell at about 3.30pm. At 4.10pm he was discovered hanging in his cell.

Indigenous mental health is finally on the national agenda. As participants in the National Mental Health Strategy, States and Territories acknowledge the importance of the issue. Some of the effects of removal including loss and grief, reduced parenting skills, child and youth behavioural problems and youth suicide are increasingly recognised.

8.1 The profiles indicate a growing awareness by custodial and medical staff of issues concerning the proper treatment of both Indigenous and non-Indigenous prisoners. However, implementation of the recommendations is uneven. Some recommendations have not been implemented in any jurisdiction.