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This overview provides a brief explanation of State archives that document the NSW government's interaction with Aboriginal people from 1788 until today. Comments. We acknowledge the traditional custodians of the Country on which we live and work, and pay respect to Elders past, present and emerging. All persons, Aboriginal or non-Aboriginal, who are residents of an Aboriginal community come within the jurisdiction of the Aboriginal court. One of Ms. Fitzsimmons’s clients, Brenda Melpi, 36, had been charged over an altercation with a neighbor. In this case — another Aboriginal murder trial — Justice John Walpole wondered whether he even had jurisdiction over the matter. This is how justice is done in some of Australia’s most remote corners. If the family can’t come to an agreement, a Federal Circuit Court judge may hear the case and make a determination. Victoria used the indexes and guides available in the then Archives Authority of NSW to trace records of persons, whose recorded names suggested Aboriginality and non-European origins, before the law. Court Records. When this Bench Book was first published in 2009 it did not seek to address the issues which, at that time, had been so comprehensively addressed in the revised Aboriginal … Case looks at the Anunga rules for police interviewing of Aboriginal people (on NT Supreme Court website) R v Fuller-Cust [2002] VSCA 168 (24 October 2002) In this Victorian criminal appeal against sentence, the judge discussed the principles around taking Aboriginality into account for sentencing, and issues in the sentencing of a victim of the stolen generations (on AustLII) Some of the information contained within the records may be viewed as being offensive to Aboriginal and Torres Strait Islander people because of the context in which they were created. Ahmed Al-Kateb was born in Palestine to Kuwaiti parents, which meant he was stateless. But the judge gave him a six-week suspended term. Are you already a subscriber? He had failed to pull over in his car when signaled by the police. The case involved Norwegian cargo vessel MV Tampa, which was denied entry into Australia after rescuing 438 asylum seekers from their sinking boat. C5/2018. People with disabilities like deafness sometimes face criminal penalties for failing to obey police instructions. Victoria's interest in Aboriginal history is marked in a scholarship for an Aboriginal student in the Faculty of Law at Sydney University known as the Victoria Gollan Memorial Scholarship for an Aboriginal Student. ... Family Court of Australia. Josh Zimmerman. Updated Updated 26/08/2013 Share The full text of court and tribunal decisions is available from: AustLII website. But elders say the status quo is unacceptable, and some have begun trying alternatives. According to reports, two cases were filed by members of the Tjiwarl tribe in Western Australia for cultural damage and loss of access to land in the Goldfields-Esperance region. NSW State Archives is unaware if this database is a complete record of Aboriginal people and the law held as NSW State archives in the period 1788-1838. His defense lawyer argued for a fine, citing his client’s relatively clean record. After a 14-day trial, three Aboriginal artists and the estates of five other deceased Aboriginal artists were awarded damages totalling $188 640 for infringements of their copyright. “We’re at a turning point,” said Thalia Anthony, a professor of law at the University of Technology in Sydney and an expert on Aboriginal Australians and the criminal justice system. In discussing the relevance of Aboriginal customary laws in sentencing, an essential first step is to assess how judges actually deal with it in particular cases under the present law. Today, conditions are more akin to those of a developing nation than of one of the world’s wealthiest countries. Some Wadeye residents say they support a tough approach to law enforcement. By 1800 sittings were held regularly in Parramatta and the Hawkesbury district, and the use of magisterial proceedings had become widespread in the Colony by the 1820s. The Court has procedures to help all clients feel safe at court and comfortable that they are being heard. Comments. Australia's first Aboriginal Sentencing Court, the Nunga Court, was the initiative of Mr Chris Vass, who presided for many years on the Anangu Pitjantjatjara Yankunytjatjara (APY) Lands and prior to working with the Courts as a Magistrate, spent many years working with the … Two Aboriginal men who were held in immigration detention will ask the High Court to find that Aboriginal non-citizens cannot be deported, in a case one expert describes as “landmark”. "That is the case even if the Aboriginal Australian holds foreign citizenship and is not an Australian citizen,'' a court statement said. Indigenous urban courts and circles The first Indigenous urban court was convened in Port Adelaide, South Australia, on 1 June 1999. The justice minister for the Northern Territory, Selena Uibo, said that the government was “committed to improving the justice system for Aboriginal Territorians” through a framework now under development, including reducing their high levels of incarceration. Some Case Studies. Al-Kateb v Godwin is one of the more controversial cases. The State's only formal Aboriginal court has been scrapped after a review found offenders dealt with in the separate system were more likely to go on to commit further crimes. It operates under the principle that all Australians, no matter where they live, should have access to the court system. He returned to Australia in 1975 and was appointed magistrate in 1980. The Aboriginal and Torres Strait Islander case summaries are grouped into two categories: court and tribunal decisions, and conciliated outcomes. This article is available to subscribers who have digital access included in their subscription. The various Aboriginal courts that have been introduced around Australia can be distinguished from the earlier models in WA and Queensland in that they do not expressly provide for an Aboriginal Judicial Officer (as was the case with courts established under the High Court rules that Aboriginal people have special status under the law Lower Court Judgment. AUSTRALIA Traditional Aboriginal owners had the right to exclude fishermen and others from tidal waters within Blue Mud Bay in north-east Arnhem Land, the High Court of Australia held today. “How can I leave my daughter and my son behind?” Ms. Melpi said. Two Aboriginal men who were held in immigration detention will ask the High Court to find that Aboriginal non-citizens cannot be deported, in a case one expert describes as “landmark”. Critics say language barriers and the rapid pace infringe on human rights. “In jail,” he added, “they start the trouble from there, and bring it back.”, ‘Like a Cattle Yard’: How Justice Is Delivered in Australia’s Bush Courts. The Yirrkala Bark petitions are one of several significant documents that Aboriginal people have presented to the Australian government. Users of this index are warned that there may be words or descriptions which may be sensitive to some Aboriginal people. national; courts & law; Indigenous non-citizens are exempt from immigration laws, High Court rules in landmark case. The case concerned the Federal Government's intention to rely on provisions in the Migration Act to deport from Australia, on character grounds, two men who had been convicted of criminal assaults. As settlement spread during the squatting era, magistrates and their clerks performed an increasingly wide range of judicial and administrative functions, particularly in more remote areas. (A backlog of hundreds of cases accumulated this year after Aboriginal communities were closed to outsiders to protect them from the spread of the coronavirus.). William David Bugmy, from remote Wilcannia, New South Wales, faces seven-and-a-half years in prison for assaulting a prison guard by pelting him with pool balls. The courts almost exclusively handle criminal cases, under conditions that fall short of those required in most other courtrooms. And it was Gageler who took the Malaysia trade deal to the high court arguing that human trafficking is legal, something the high court dismissed in that case but legalised in the follow on Nauru case. His considerable time on the circuit, coupled with his years in PNG, shaped his thinking about British and Au… Deporting Aboriginal people from Australia would be another case of dispossession as in Mabo, the High Court has heard. She and others have been pushing for the establishment of community courts that, unlike the bush courts, would involve Indigenous elders, who would provide information to the judge about defendants’ backgrounds and about culturally appropriate sentences. Family members waited for the release of a man who had been ordered to stay away from Wadeye. (The claims were later almost completely refuted.). Fryer-Smith S, Aboriginal Benchbook for Western Australian Courts (Australasian Institute of Judicial Administration, 2nd ed, 2008). national; courts & law; Indigenous non-citizens are exempt from immigration laws, High Court rules in landmark case. "To remove Aboriginal Australians from the country would be another, if not worse, case of dispossession," he said. Are you already a subscriber? Records in the index have been extracted from the following series. Court and tribunal decisions are made after all the evidence is heard, including details of loss and damage. “Aboriginal people are filling up the jails because they don’t understand the process,” said Stewart Levitt, a human rights lawyer based in Sydney who is representing several residents of Wadeye in a class-action suit against the territory’s government that alleges institutionalized racial discrimination. In court on Wednesday, Solicitor-General Stephen Donaghue said anyone born outside of Australia who holds no Australian citizenship, Aboriginal or otherwise, … Many cases are dealt with so rapidly that the interpreter communicates only a sentence or bail conditions to defendants, breaching the requirement that they understand what is going on at all times in the courtroom, Mr. Levitt said. She intended to include a chapter in her thesis about the inequity suffered by Aboriginal people before the law in colonial Australia. Catchwords Informing a defendant that he is required to attend court the following day. Brendan Thoms and Daniel Love - who had no prior connection - were born in New Zealand and Papua New Guinea respectively but moved to … She intended to include a chapter in her thesis about the inequity suffered by Aboriginal … That widespread imprisonment partly reflects a “tough on crime” approach in Australia and particularly in the Northern Territory, where many crimes carry mandatory sentences. Indigenous court case lodged in Australian Human Rights Commission looks to claim $400 million in stolen wages. Some of these events generated many records whereas other records are the result of legislative changes. References to Aboriginal people are likely to be found throughout the records of various Government agencies held in our collection and may be located through our catalogue, finding aids and indexes. She recorded cases of persons charged for crimes against named Aboriginal people and Aboriginal people charged with a crime. Most spoke little English. Login. It is not an exhaustive list of sources which can be used in tracing Aboriginal family and personal history. The State Records Office holds the records of the Supreme Court of Western Australia as well as records from over 100 lower courts located throughout the metropolitan and country areas of Western Australia. She did not complete the thesis before she died in 1996. Kiefel CJ, Gageler and Keane JJ dissented on a variety of grounds. The Aboriginal Community Court is the name given to the specialised courts dealing with Indigenous Australian offenders in the state of Western Australia. 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