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As this is the first public speech I have made in Sydney since the events at Redfern several weeks ago, I would also like to begin today by paying my respects to the family of TJ Hickey and to express my condolences for your loss. I would also like to acknowledge the elders of the Redfern community for the strength and the dignity that you have displayed in dealing with these tragic events and their aftermath.

Thank you for inviting me here to speak at the Sydney launch of two reports from the Aboriginal and Torres Strait Islander Social Justice Commissioner; the 2003 Native Title Report and the 2003 Social Justice Report.

The Native Title Report 2004 shows how native title can be oriented to sustainable economic and social development outcomes and presents five principles to guide the native title system to this end.

The Native Title Report 2004 looks at how the native title system can contribute to the economic and social development goals of Indigenous peoples. The report seeks to answer the following questions:

Where a child under the age of 19 is convicted, court may assign care and custody of the child to such persons as make application where the court is satisfied it is for the benefit of the child.

Amended by Aborigines Protection Amending Act 1915 (NSW) Aborigines Protection (Amendment) Act 1918 (NSW) Aborigines Protection (Amendment) Act 1936 (NSW) Aborigines Protection (Amendment) Act 1940 (NSW) Aborigines Protection (Amendment) Act 1943 (NSW) Repealed by Aborigines Welfare Ordinance 1954 (Cth).

neglected child - a child found begging, wandering about or frequenting any thoroughfare or tavern, sleeping in the open air and who has no settled place of abode or means of subsistence; residing in any brothel or associating or dwelling with any person, known or reputed to be a thief, prostitute or drunkard or a person convicted of vagrancy; a child having committed an offence and who, in the opinion of the Justices, ought to be sent to an industrial school; an inmate of an immigrants' home or a child whose parent cannot control him/her and want him/her to be placed in an industrial school.

For the `better protection and care of the aboriginal and half-caste inhabitants of the colony' and `for restricting the sale and distribution of opium'. Established positions of regional Protectors and later Chief Protector.

An Act `to provide for the subdivision of the Cape Barren Island reserve and for occupation of portion thereof by the descendants of Aboriginal natives'.

Established Aborigines Protection Board. Its functions include submitting proposals to the Governor relating to the care custody or education of the children of `Aboriginals' and exercising a general supervision and care over all matters affecting the interests and welfare of the `Aboriginals'.

The Protector of Aborigines made the legal guardian of every `aboriginal and half-caste child' whose parents are dead or unknown, or one of whom agrees, until the age of 21. Any two Justices, with the consent of the Governor and one of the parents, may apprentice `any half-caste or other aboriginal child having obtained a suitable age' until the age of 21 provided that `due and reasonable provision is made for the maintenance, clothing and humane treatment of any apprentice.'

Established the Northern Territory Aboriginals Department with responsibility for the control and welfare of Aborigines and `to provide where possible for the custody, maintenance and education of the children of aboriginals'.

2. The obligation to respect and to ensure respect for human rights and humanitarian law includes the duty: to prevent violations, to investigate violations, to take appropriate action against the violators, and to afford remedies and reparation to victims. Particular attention must be paid to the prevention of gross violations of human rights and to the duty to prosecute and punish perpetrators of crimes under international law.

Aboriginal and Torres Strait Islander Commission Anglican Church Social Responsibilities Commission Anonymous Australian Association for Infant Mental Health Inc.

Indigenous Inquiry Commissioners Annette Peardon, Marjorie Thorpe, Dr Maryanne Bin Salik, Sadie Canning, Olive Knight, Kathy Mills, Anne Louis, Laurel Williams, Jackie Huggins, Josephine Ptero-David and Professor Marcia Langton and Queensland Anti-Discrimination Commissioner John Briton assisted with hearings and in the development of the report and its recommendations. They provided strong support for those who gave evidence to the Inquiry.

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</strong>Because of the variability of the information collected by project workers in each State/Territory, this chapter on the criminal justice system takes the form of a general discussion of the situation in , with details of specific State or Territory practices provided where possible. Considerable use has been made of New South Wales examples, due to the detailed contribution received from that State. </p>