27 May 2019
On Monday 13 May, ABC’s Four Corners aired a harrowing exposé about the detention in Queensland of youths suspected of criminal wrongdoing in watch houses. Watch houses are adult maximum security facilities, which are used to hold a range of offenders who have been charged with offences ranging from minor street offences to the most series offences, such as paedophilia, and murder.Read more
24 May 2019
Yorta Yorta woman Ms Day died in hospital on 22 December 2017. Around 3pm on 5 December 2017, she was arrested for allegedly being intoxicated on a train in Castlemaine, Victoria. There is conflicting evidence about the charge. The conductor said Ms Day was unruly, and called police, further alleging she did not have a ticket. The Guardian reported that Ms Day did have a ticket. Other witnesses said Ms Day did not appear intoxicated, though CCTV suggested Ms Day was slightly unsteady on her feet.Read more
The Productivity Commission is currently conducting an inquiry into mental health. The NSW Council for Civil Liberties (CCL) submission to this inquiry is now online.
Our submission focuses on two issues. First, it addresses features of the justice system, and Aboriginal people with disabilities. It then turns to considering the social security systems, and how these contribute to mental health issues in Australia.Read more
New South Wales Council for Civil Liberties welcomes ALP support for Aboriginal legal aid and justice reinvestment
29 April 2019
The New South Wales Council for Civil Liberties (CCL) has welcomed a pledge by the Australian Labor Party to invest $107 million to address the disproportionate incarceration rates of Aboriginal and Torres Strait Islander peoples.
The announcement by Labor’s shadow Indigenous Affairs spokesperson Pat Dodson and shadow Attorney General Mark Dreyfus includes $44 million in Aboriginal and Torres Strait Islander legal Services, $21.5 million for family violence prevention legal services, $21.75 million for justice reinvestment programs in NSW, Western Australia, Queensland, and the Northern Territory. Labor has also committed to adopting justice targets as part of the Closing the Gap framework.Read more
26 March 2019
The High Court of Australia has refused to hear an appeal from the NSW Attorney-General in relation to trying the man suspected of murdering three Aboriginal children in Bowraville. The saga of the Bowraville murders has lasted for almost 30 years, beginning with the deaths of the children over a period of five months from 1990 to 1991. The disappearances were originally treated with minimal concern by the police, who suggested the children had gone “walkabout”. The police failure to gather evidence in the crucial early period doomed the attempt to gain justice for the children. In 1994, a man was tried for the murder of one of the children, Clinton Speedy-Duroux. He was acquitted.
According to Professor Larissa Behrendt, the police began to rebuild their credibility with the local Aboriginal community by appointing detective inspector Gary Jubelin to investigate the case. He gathered new evidence to try the same suspect, and presented it before a coronial inquest in 2004. It was regarded as compelling, and this led to a new trial of the suspect, this time for the murder of one of the other children, Evelyn Greenup. Once again, the man was acquitted. The prosecution argued for admitting the new evidence in relation to the deaths of the other children, but this submission was rejected.Read more
21 March 2019
On 13 March, the High Court of Australia handed down what is widely considered one of the most significant cases on native title since the famous Mabo 2. The case considered the rights of the Ngaliwurru and Nungalli peoples to compensation in relation to their traditional lands in the Northern Territory.
The basic principle of native title is that where Aboriginal people can show that they have traditionally used land in a particular way, they have acquired a kind of right to that land to continue their usage. That right is called native title. Native title can be extinguished in various ways. An example of extinguishment is what happened in Timber Creek. Between 1980 and 1996, the Northern Territory government engaged in 53 acts, such as granting tenure to land, and constructing public works. These extinguishing acts occurred over 127 hectares, to which Aboriginal people up to that point had exercised their native title.Read more