The Fifth National Indigenous Legal Conference Legal Education · Chair: Asmi Wood, ANU College of...

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The Fifth National Indigenous Legal Conference

Legal Education: A Way Forward1 & 2 October 2010 | Manning Clark Theatres | The Australian National University | Canberra

Program Internals.indd 1 29/09/2010 8:30:16 AM


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CONTENTS

General information iv

A Letter from the Chair v

Welcome from the Dean vi

Program outline 1

Abstracts & biographical details 5

Friday

Session 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Session 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Session 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Session 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Session 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Session 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Session 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Session 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

Session 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Session 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Dinner Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Saturday

Session 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Session 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Session 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Session 8B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Session 8C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Session 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Session 9B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20


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General Information

Conference Venue

Manning Clark Theatres

Manning Clark Centre

The Australian National University

Acton Canberra ACT 0200

Dinner Venue

The Hall

University House

Balmain Crescent & Liversidge Street

The Australian National University

T: 6125 5211

Conference Contacts

COAST staff

ANU College of Law

T: (02) 6125 1096 or 6125 3487

M: 0402 397 854

E: coast@law .anu .edu .au

Conference Convenor

Asmi Wood

wooda@law .anu .edu .au

Conference Website

http://law .anu .edu .au/coast/events/Indigenous/conf .htm

ANU Security

6125 2249

Taxi

Canberra Cabs

T: 13 2227


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A Letter from the ChairThe ANU College of law is proud to host the 5th National Indigenous Legal Conference (NILC) 2010 at The Australian National University in the National Capital . This conference aspires to emulate the success of the four previous conferences and we in Canberra hope that we can follow in their footsteps .

Over the years the number of indigenous legal practitioners, solicitors, magistrates, judges and, proudly, our many law students in the various law schools around the country, has been growing steadily . In recognition of this fact, the theme of this conference is Education: A Way Forward and we hope that with education generally but in the spirit of this Conference, legal education, is especially highlighted and promoted among our many bright and enthusiastic youth .

The three broad areas covered in this conference are legal education, international legal aspects of indigenous issues and the perennial issue of criminal law as it touches our various communities . The range of experts addressing the conference is a testament to the success of law as a vocation among indigenous peoples .

Organising these events takes the effort and hard work of many people . I would like to thank Ms Aislin Martin (Melbourne) and Ms Christine Brown (Adelaide), previous NILC organisers, who gave unstintingly of their time and expertise in helping Canberra to host this conference in the curtailed period available for its organisation . I would also like to thank Mr Nick Parmeter of the Law Council of Australia in helping to gain sponsors for this event and also Mr Russell Taylor, CEO of AIATSIS, for his support . I would like to thank our Gold Sponsors: the Attorney General’s Department; The Law Council of Australia; Freehills; The National Centre for Indigenous Studies; the Tjabal Centre; and importantly the ANU College of Law and particularly the Dean, Professor Michael Coper, for his enthusiasm for indigenous legal education and his commitment to practical and every other form of reconciliation and providing the not insignificant resources necessary to bring together a conference of this scale . Thanks also to our Silver, Bronze and other Sponsors who are individually named in the program . A big ‘thank you’ also (in order of their presentations) to our keynote speakers, great men and women in their own right from both within the indigenous community and without: Dr Megan Davis; Dr Kerry Arabena; Mr Les Malezer; Justice Robyn Layton and Associate Professor Simon Rice, and to all delegates, speakers and chairs .

Thanks to our sponsors for their incredible generosity, we have been able to sponsor a large number of students, speakers, and delegates who would not otherwise have been able to attend the Conference . Unfortunately not all employers see the great value of active engagement with the indigenous legal community and I strongly urge employers to assist their indigenous staff in maintaining their links with the community and benefitting from the wealth of knowledge and goodwill that comes with such contact by supporting future conferences and contact of this kind . On the other hand we acknowledge the many employers who have enabled their staff to attend and to contribute positively to the success of our conference .

I would like to say a special and huge thanks to Ms Fleur Adcock (ANU), Ms Brionee Noonan (ANU), Ms Chiara Lawry (PM&C) and other volunteers, you know who you are, who helped bring the Conference together . Last but not least the wonderful ANU College of Law COAST team who absorbed the inevitable stresses and accommodated the sometimes very short lead times available and did so with great panache and a smile .

This year’s conference coincides with Canberra’s Floriade flower festival and the National Gallery of Australia’s special ATSI Art Exhibition . I hope you all enjoy the Fifth National Indigenous Legal Conference and also the cultural experiences that Canberra has to offer .

Yours sincerely A John Wood 1 October 2010


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Welcome from the Dean, ANU COLLEGE OF LAWAs Dean of the ANU College of Law, I am delighted that The Australian National University is hosting the Fifth National Indigenous Legal Conference .

Increased Indigenous participation is important in all fields, especially in professional fields, where Indigenous Australians can not only make a mark through their chosen occupation, but are also powerful role models for others, and in that way help us all inch towards the goal of equal participation in the workforce . But I have always thought that Indigenous lawyers have a special role to play . Lawyers can not only make a contribution to society in traditional lawyering ways — helping others to organise their affairs and live their lives under the rule of law — but can also help to break the system open and combat prejudice, discrimination and unfairness . This then paves the way for others to achieve their aspirations on a more level playing field . Indigenous lawyers can be trailblazers here, not only for their own people but for all Australians .

The ANU College of Law has sought to encourage and foster legal education for Indigenous Australians for many years . Our Indigenous Student Support Scheme has been instrumental in us having the highest retention and graduation rate for Indigenous students of any Australian law school . Our Legal Workshop Indigenous Student Scholarship Scheme allows up to two Indigenous law graduates per year to do their practical legal training with a full waiver of the fees for the program . Three of our support scheme tutors have themselves been Indigenous Australians, most recently my esteemed colleague Asmi Wood . The College is also honoured to host Mick Dodson’s ANU-wide National Centre for Indigenous Studies, which has all kinds of synergies with the work of the College, in research as well as education .

The Fifth National Indigenous Legal Conference has a particular focus on legal education . This is something that greatly exercises our minds at the College, as we seek constantly to enhance the excellence of our programs and to produce lawyers who are not only technically competent but who also have the capacity and desire to use their knowledge and skills to improve the law and the legal system and to achieve social justice . Regrettably, Indigenous Australians are high in the list of those most in need of law reform and social justice, and Indigenous lawyers — in full recognition of their equal right with others to have broader aspirations —can play a special role in meeting those needs . May I welcome you all very warmly to the Conference, and wish you all well in your efforts to harness Australia’s legal talent — Indigenous and non-Indigenous — to make a difference, through law and legal education, to our quest for a fair and just legal system for all Australians .

Professor Michael Coper Dean, ANU College of Law 1 October 2010


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FRIDAY 1 OCTOBER 20108 .30 – 9am Registration and coffee/tea

9 – 9 .15amManning Clark Theatre 2

WelcomeWelcome to CountryAUNTIE AGNES SHEA, Ngunnawal Elder

Welcome to ConferenceProfessor MICHAEL COPER, Dean, ANU College of Law

9 .15 – 9 .45amManning Clark Theatre 2

Opening AddressThe Hon ROBERT MCCLELLAND MP, Commonwealth Attorney-GeneralChair: Asmi Wood, ANU College of Law


SESSION 1: INDIGENOUS RIGHTS IN THE INTERNATIONAL PLANEDr MEGAN DAVIS, Faculty of Law, UNSWChair: Louise Taylor, ACT Department of Public Prosecutions

10 .20 – 11amManning Clark Theatre 2

SESSION 2: THE ROLE OF THE NATIONAL CONGRESS OF AUSTRALIA’S FIRST PEOPLESDr KERRY ARABENA, National Congress of Australia’s First PeoplesChair: Tony McAvoy, Barrister, Frederick Jordan Chambers

11 – 11 .30am Morning tea in foyer

11 .30 – 12 .45pm3 Parallel SessionsManning Clark Theatre 4

SESSION 3A: BROADENING INDIGENOUS RESEARCH AND WORK POSSIBILITIES: AIATSIS AND AURORARUSSELL TAYLOR, AIATSISBRIONEE NOONAN, The Australian National University &DANIELLE WALKER, AuroraChair: Bill Rawlings, Civil Liberties Australia

Manning Clark Theatre 5 SESSION 3B: INTERNATIONAL INDIGENOUS ISSUESKEVIN BOREHAM, ANU College of Law

Restitution for Indigenous Peoples Under International LawCHIARA LAWRY, Department of Prime Minister & CabinetChair: Anne Macduff, ANU College of Law

Manning Clark Theatre 6 SESSION 3C: INDIGENOUS FAMILY VIOLENCE ISSUESANTOINETTE BRAYBROOK, Aboriginal Family Violence Prevention & Legal Service VictoriaJACQUI KATONA, Policy & Development Unit, Family Violence Prevention Legal Service, VictoriaChair: Fleur Adcock, ANU National Centre for Indigenous Studies

12 .45 – 1 .45pm Lunch in foyer & Launch of the Australian Indigenous Law Review by Michelle Bradley and Daniel Threlfall


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SESSION 4A: INTEGRATION OF INDIGENOUS TOPICS INTO THE CURRICULUMDr NATHAN CASSIDY, Universities AustraliaANNE MACDUFF, ANU College of LawChair: Bevan Mailman, National Australia Bank

Manning Clark Theatre 5 SESSION 4B: THE ROLE OF THE UN SPECIAL PROCEDURES IN REALISING INDIGENOUS RIGHTS

Does the Rhetoric Match the Reality? The Role of the UN Human Rights Council’s Special Procedures in Promoting Indigenous RightsFLEUR ADCOCK, ANU National Centre for Indigenous Studies

Denial of Access to Justice for Aboriginal PeopleNEIL GILLESPIE, Aboriginal Legal Rights MovementChair: Dr Kris Klugman, Civil Liberties Australia

Manning Clark Theatre 6 SESSION 4C: THE NORTHERN TERRITORY INTERVENTIONWAYNE CONNOP, Aboriginal Family Violence Prevention & Legal Service, NTLAURA BEACROFT, Australian Institute of CriminologyChair: Bill Rawlings, Civil Liberties Australia

3 .15 – 3 .45pm Afternoon tea in foyer


SESSION 5A: LIFE AFTER GRADUATION: POSTGRADUATE OPTIONS IN EMPLOYMENT AND RESEARCHPETER VETH, ANU National Centre for Indigenous StudiesLOUISE TAYLOR, ACT Department of Public ProsecutionsChair: Brionee Noonan, The Australian National University

Manning Clark Theatre 5 SESSION 5B:CONTEMPORARY ISSUES ON INDIGENOUS RIGHTS IN INTERNATIONAL LAW

Competing Claims to Sovereignty: A Politico-Legal ViewTONY MCAVOY, Barrister, Frederick Jordan Chambers

SAAMI Rights In International LawJO-ANNE WEINMAN, ANU National Centre for Indigenous StudiesChair: Shaz Rind, Queensland South Native Title Services

6 .30 for 7pm Conference Dinner, The Hall, University House, ANUDinner Speaker: Associate Professor Simon Rice OAM, ANU College of Law


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Saturday 2 October 20108 .30 – 9am Registration in foyer

9 – 9 .45amManning Clark Theatre 2

SESSION 6:INDIGENOUS AUSTRALIAN ISSUES IN THE INTERNATIONAL PLANELES MALEZER, Foundation for Aboriginal & Islander Research ActionChair: Shane Drumgold, Office of Director of Public Prosecutions ACT


SESSION 7:INDIGENOUS EVIDENCE ISSUES IN SOUTH AUSTRALIAHon Justice ROBYN LAYTON, Supreme Court of South AustraliaChair: Munya Andrews, Barrister, Owen Dixon Chambers

10 .30 – 11am Morning tea in foyer


SESSION 8A:POST GRADUATION STUDY & WORK OPTIONSSHANE DRUMGOLD, ACT Department of Public ProsecutionsTONY GIUGNI, NIAMGH LENAGH-MAGUIRE & BRETT GULLEY, AGS Young LawyersChair: Anne Macduff, ANU College of Law

Manning Clark Theatre 5 SESSION 8B:ECONOMIC RIGHTS & SENTENCINGSHAZ RIND, Queensland South Native Title Services

Aboriginality in the Courtroom: Sentencing a person for who they areANTHONY HOPKINS, University of CanberraChair: Tony McAvoy, Barrister, Frederick Jordan Chambers

Manning Clark Theatre 6 SESSION 8C: THE NATIONAL CONGRESS OF AUSTRALIA’S FIRST PEOPLES & THE LAWKERRY ARABENA, National Congress of Australia’s First PeoplesTIM GOODWIN, Arthur Allen & RobinsonChair: Jolleen Hicks, Queensland South Native Title Services

12 .30 – 1 .30pm Lunch in foyer

1 .30 – 3pm2 Parallel SessionsManning Clark Theatre 4

SESSION 9A: PRACTICING AT THE BAR: AN INDIGENOUS PERSPECTIVEMUNYA ANDREWS, Barrister, Owen Dixon ChambersTONY MCAVOY, Barrister, Frederick Jordan ChambersJOLLEEN HICKS, Queensland South Native Title ServicesChair: Louise Taylor, ACT Department of Public Prosecutions

Manning Clark Theatre 5 SESSION 9B: CONTEMPORARY LAND & SEA ISSUESDAVID SAYLOR, North Queensland Land CouncilMARK COWAN, Environmental Defender’s Office (NT)Chair: Bill Rawlings, Civil Liberties Australia

3 – 3 .30 Close of conference

3 .30 – 4pm Meeting to organise who will host the National Indigenous Conference 2011



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Friday 1 October

Opening Address

The Hon Robert McClelland MP, Commonwealth Attorney-General

Robert McClelland is the Attorney-General and the Member for Barton, an electorate based in the St George area of Sydney . Robert was elected to parliament in 1996 . Before becoming Attorney-General he served on several parliamentary committees . Before entering parliament he practised as a lawyer for 14 years specialising in industrial and sports law . He was born on Australia Day 1958 . His interests include Australian history, surfing and rugby league .

Plenary Session 1: Indigenous Rights in the International Plane

Megan Davis, Faculty of Law, UNSW

Megan Davis is Director, Indigenous Law Centre and Senior Lecturer, Faculty of Law . Megan is also an Acting Commissioner of the NSW Land and Environment Court . In 2010 Megan took up a position as a member of the United Nations Permanent Forum on Indigenous Peoples (ECOSOC states elected) . Megan teaches, writes and researches on Indigenous issues in public law and international law . In particular, Megan is interested in constitutional reform and democratic theory and governance . Megan’s main area of expertise is the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and Aboriginal women’s rights .

Megan has extensive experience as an international human rights lawyer and participated in the drafting of the UNDRIP from 1999-2004 . Megan is a former United Nations Indigenous Fellow of the UN Office of the High Commissioner for Human Rights in Geneva and has participated as a lawyer in Indigenous legal advocacy, UN working groups and expert seminars at the United Nations for over a decade . Megan is also an Australian member of the International Law Association’s Indigenous Rights Committee . She is an admitted Legal Practitioner of the Supreme Court of the ACT although currently not practicing . Megan completed her PhD (Law) at the Regulatory Institutions Network, ANU, examining Aboriginal women and democracy .


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Notes


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Plenary Session 2: The Role of the National Congress of Australia’s First Peoples

Dr Kerry Arabena, National Congress of Australia’s First Peoples

Dr Kerry Arabena, a descendant of the Meriam Mer people of the Torres Strait, has recently been appointed as the CEO of the Lowitja Research Institute . Dr Arabena has just been awarded a PhD on human ecology, which included development of the Universe Referent Citizen, through The Australian National University (ANU) . She is currently the inaugural Co-Chair of the Congress of Australia’s First Peoples . Dr Arabena’s work history includes work in remote areas and in policy in Aboriginal health, but also internationally, with contributions to Australia and the Asia Pacific region in cross-jurisdictional areas such as gender issues, social justice, human rights, violence, access and equity, service provision, harm minimisation and citizenship rights and responsibilities .

Notes


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Parallel Session 3A: Broadening Indigenous Research and Work Possibilities: IATSIS and Aurora

Russell Taylor, CEO, Australian Institute of Aboriginal and Torres Strait Islander Studies

Mr Russell Taylor commenced a five-year term as Chief Executive Officer (Principal) at the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) in late March 2009 . He was born and raised in Millers Point, an inner city waterfront suburb of Sydney which today forms part of the tourist precinct area now more commonly known as ‘The Rocks’ . Mr Taylor proudly identifies as a Kamilaroi man with family connection to La Perouse in Sydney and to traditional country in the New England area of New South Wales . Mr Taylor most recently held the position of Chief Executive Officer at the NSW Aboriginal Housing Office . His career includes more than 15 years in various Senior Executive Service positions including terms with the Aboriginal and Torres Strait Islander Commission, the Australian Development Commission and previously as Principal at AIATSIS (1997–2003) . Mr Taylor’s career also includes 20 years in the banking financial sector .

Brionee Noonan, The Australian National University

Brionee is a Barkindji woman (Bourke) . She has Bachelor of Arts and Bachelor of Laws with Honours (University of Canberra) and won the Thomson Reuters Indigenous Student’s Law Prize . She is currently studying the Graduate Diploma of Legal Practice at The Australian National University . Brionee was the Aurora candidate at the Indigenous Land Corporation in Adelaide, Summer 2010 .

Danielle Walker, Aurora

Parallel Session 3B: International Indigenous Issues

Kevin Boreham, ANU College of Law

Kevin Boreham has been teaching at the ANU College of Law since 2002 . He convenes the International Law of Human Rights course and is lectures in International Law . Kevin practised as a solicitor in private practice in Canberra from 1999-2001, and provided pro bono assistance at the Legal Advice Bureau, ACT Law Society, from 1999–2005 . His first career was as an officer of the Australian Department of Foreign Affairs and Trade . He served in Australia’s diplomatic missions in Colombo, Hanoi, Manila, Tehran and New York, where he was Australian Deputy Permanent Representative to the United Nations from 1987–89 . Among other appointments, Kevin was Assistant Secretary, International Organisations Branch from 1992–94 . His most recent publication is: ‘A delicate business: Did AWB’s kickbacks to Iraq under the United Nations Oil-for-Food Programme constitute a violation of Australia’s international obligations?’ in Jeremy Farrall and Kim Rubenstein eds Sanctions Accountability and Governance in a Civilised World (2009) 171 .

Restitution for Indigenous Peoples Under International Law

Chiara Lawry, Department of Prime Minister & Cabinet

Chiara Lawry currently works in the International Division of the Department of Prime Minister and Cabinet . She completed Arts/Law (Hons) at ANU in 2010 with a thesis entitled, ‘Moving Beyond the Apology: Achieving Full and Effective Reparations for the Stolen Generations’ . Chiara’s publications include: ‘Reigniting the Access to Justice Debate—Reflections on the 2009 Senate Legal and Constitutional Affairs Committee Access to Justice Inquiry’, Alternative Law Journal, Vol 35:2 (2010); Senator Scott Ludlam and C Lawry, ‘Closing the Justice Gap’, Indigenous Law Bulletin (2010); and ‘Moving Beyond the Apology, Achieving Full and Effective Reparations for the Stolen Generations’ Australian Indigenous Law Review, forthcoming December 2010 .


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Parallel Session 3C: Indigenous Family Violence Issues

Antoinette Braybrook, CEO, Aboriginal Family Violence Prevention & Legal Service Victoria

Antoinette is an Aborginal woman who was born in Victoria on Wurundjeri country . Antoinette’s grandfather and mothers line is through the Kuku Yalangi, North Queensland . Antoinette graduated Bachelor of Laws at Deakin University in 2000 and was admitted as a Legal Practitioner in Victoria in 2004 . Antoinette has and continues to work with Aboriginal women in prison to identify and secure funding to establish an organisation to advocate for the rights of women in the criminal justice system in Victoria .

Jacqui Katona, Manager, Policy & Development Unit, Family Violence Prevention Legal Service, Victoria

Jacqui Katona, Manager of Policy Development Unit at the AFVP&LS VIC, western educated, Aboriginal woman who embarked on a journey to discover her Aboriginal heritage and is now the charismatic leader who campaigned to stop the Jabiluka uranium mine and is now the CEO of Lumbu Indigenous Community Foundation .

Notes


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Parallel Session 4A: Integration of Indigenous Topics into the Curriculum

Dr Nathan Cassidy, Policy Officer, Universities Australia

Nathan Cassidy is a policy officer at Universities Australia, the peak body for Australian higher education . Nathan has a portfolio of responsibilities that covers a wide range of areas including: domestic student issues; qualifications and quality assurance; academic workforce; equity and environment . He took over the Indigenous portfolio in July 2010 . Before joining Universities Australia, Nathan completed a PhD in Byzantine History at the University of Western Australia . A New Zealander, Nathan enjoys nothing more than seeing the All Blacks thrash the Wallabies .

Anne Macduff, ANU College of Law

Anne Macduff completed her BA with First class Honours in Philosophy at the ANU in 1997 . In 2000, she completed her LLB . Following graduation, Anne has worked in legal and social policy with disability community organisations . She also assisted Legal Workshop with their project to review pedagogical aspects of their online legal education program . Since 2003, Anne has been a staff member of the ANU College of Law where she has tutored in Legal Theory, Evidence and Foundations of Australian Law and lectured in Family Law . In her teaching, Anne’s educational focus is to encourage students to use their critical thinking and reflective skills . Anne has recently completed a Masters in Higher Education . Anne’s current research projects include; Investigating implications of the Migration Act, Investigating the legal nature of apologies and their impact on civil litigation outcomes, Investigating the recently introduced occupancy agreements on housing in the ACT (through the Tenant’s Union ACT), and Exploring the legal limits of marriage, including same sex marriage and polygamous marriage .

Parallel Session 4B: The Role of the UN Special Procedures in Realising Indigenous Rights

Does the Rhetoric Match the Reality? The Role of the UN Human Rights Council’s Special Procedures in Promoting Indigenous Rights

Fleur Adcock, ANU National Centre for Indigenous Studies

Abstract The hard-won achievements of indigenous peoples in the international arena are the subject of a growing body of literature . With the elaboration of indigenous peoples’ rights in the United Nations (UN) General Assembly’s (GA) Declaration on the Rights of Indigenous Peoples (DRIP) in 2007, recent literature has recognized a need for greater focus on the implementation of indigenous rights . Implementation is central, because despite positive international developments over the last two decades, in their home states, many indigenous peoples remain at the margins of power and overrepresented in negative socio-economic indicators . One international human rights mechanism that has been widely praised by commentators, and that may have a role to play in addressing this ‘implementation gap’, is the UN Human Rights Council’s special procedures . The special procedures include special rapporteurs, representatives and special representatives of the Secretary-General, independent experts and working groups, including the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people . This paper will consider the role of the special procedures in protecting and promoting indigenous peoples’ rights and question the extent to which the positive rhetoric on their role matches the reality .

Fleur Tukemata Adcock (Ngati Mutunga/English) is from Aotearoa/New Zealand . Fleur is a PhD scholar with the ANU’s National Centre for Indigenous Studies . Prior to starting her PhD Fleur practised for several years as a solicitor in Aotearoa/New Zealand, Fleur’s work included assisting Maori in the negotiation of historical Treaty of Waitangi settlement claims with the Crown . Fleur has also worked as in-house legal counsel for a telecommunications company in the United Kingdom . Fleur’s PhD will


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critically analyse the role of the United Nations Human Rights Council’s special procedures in influencing state behaviour towards indigenous peoples, with a view to identifying how they can be best mobilized to that end .

Denial of Access to Justice for Aboriginal People

Neil Gillespie, Aboriginal Legal Rights Movement

Abstract The entrenched racism in Australia against Aboriginal people has resulted in the overrepresentation of Aboriginal people in the justice system . The social disadvantage and continuing marginalisation, in addition to the attitude of law enforcement agencies appears to be some of the triggers of this overrepresentation and has resulted in the United Nations Human Rights Committee in April 2009 expressing concern to the Australian Government .

Some of the outcomes of this Aboriginal engagement in the justice system include excessively high incarceration rates of Aboriginal people in every jurisdiction throughout the Commonwealth of Australia, and a disparity in sentencing . The presenter suggests this is a sad reflection on Australia, a first world nation and highlights the racism that still exists in Australia in 2010 .

The presenter will outline undeniable facts in regard to the denial of access to justice for Aboriginal people . Some of the examples of the continuing denial of Justice for Aboriginal people will focus on the appalling situation of Aboriginal Legal Aid funding, the Stolen Generations post Trevorrow, and the UK Atomic Tests in South Australia and the claims for compensation by Aboriginal victims .

Neil Gillespie is of Kamilaroi descent, one of the many Aboriginal language groups in Australia . Neil started his working life as a Banker for 25 years, including later years as a corporate banker working on some of Australia’s largest corporate financing transactions . He then worked in the water and energy field as a finance manager, before joining the Australian Taxation Office as National Director Continuing Professional Development before retiring early to a change in lifestyle . In late 2000 Neil took on the challenging role of CEO of ALRM where he remains today . He has presented at international conferences and Universities in Arizona USA, Calgary Canada and Anchorage Alaska . He will be presenting in Darwin in late August 2010 at an international Indigenous Conference and another Conference in Honolulu in Sept 2010 . Neil has presented Interventions and side-events at the United Nations Permanent Forum on Indigenous Issues since 1996 . Neil has a Bachelor of Business and an MBA and is a member of a number of professional bodies . He is a Justice of the Peace . Neil is also a Chair, Treasurer and Board member of a number of organisations and governing committees .

Parallel Session 4C: The Northern Territory Intervention

Wayne Connop, Aboriginal Family Violence Prevention & Legal Service, NT

Wayne is an indigenous person from the Jawoyn people in Katherine NT . His grandfather was a fitter on the very first NT railway line and his great grandfather, Henry Ventilia Peckham ‘The Fizzer’, was the first outback mailman in the NT who is dedicated in the book called ‘the we of the never never’ . Wayne’s grandmother is Lindy Peckham . Wayne has worked for the department of workplace relations for a number of years as an aboriginal liaison officer/compliance officer and recently as a legal officer in the corporate legal unit . Wayne spent a number of years working for NT education and before that as a plumber and drainer throughout the NT in remote areas like Lajamanu, Borroloola, Katherine, Timber Creek, Wave Hill and Ngukurr .


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Laura Beacroft, Manager, Justice & Crime Analysis Program, Australian Institute of Criminology

Ms Laura Beacroft is Manager of the AIC’s Justice and Crime Analysis program . Ms Beacroft is a lawyer with extensive practical experience in areas linked to crime reduction and the research of the AIC, having worked in the justice system, as a corporate regulator, in family violence and homelessness prevention, and with diverse communities including Indigenous . She is also an experienced project manager, with a track record in delivering quality outcomes on time and within budget . She is the co-author of a well used text book Indigenous Legal Issues .

Notes


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Parallel Session 5A: Life After Graduation: Postgraduate Options in Employment & Research

Associate Professor Peter Veth, National Centre for Indigenous Studies, The Australian National University

Peter Veth is Deputy-Director of the National Centre for Indigenous Studies and also holds Adjunct Chairs at the Research School of Humanities, CASS, ANU and at Charles Darwin University . Peter was formerly Director of the Research Program at the Australian Institute of Aboriginal and Torres Strait Islander Studies for five years before joining the ANU and a lecturer and Associate Professor at James Cook University for some ten years previously . Peter’s research interests include the evolution of desert and maritime societies, cultural heritage management, native title, maritime archaeology and contact history and the depiction of Indigenous societies in the media . Major projects completed over the last 10 years include books on global Desert Peoples, maritime societies east of Wallace’s Line, the archaeology of northern Australia and the use of social science evidence in native title . Major ARC projects have been completed and written up on the archaeology, ethnohistory and material culture of societies in the Western Desert of Australia, the Aru Islands of Maluku province, Indonesia, and from East Timor . Current projects include an ARC Linkage Project (with Western Desert Lands Aboriginal Corporation, Kimberley Land Council and other government partners) for the mapping of values along the Canning Stock Route towards a strategic Plan of Management and an edited volume (with Peter Sutton) on first coastal contacts by Australian Indigenous people with ‘outside’ colonial and mercantile powers form 1606 .

Louise Taylor, ACT Department of Public Prosecutions

Louise Taylor is Practice Manager at the office of the ACT Director of Public Prosecutions and was formerly the Principal Legal Officer, Commonwealth Director of Public Prosecutions . Louise has a BA/LLB from the ANU as well as a Grad Dip in legal Practice . She is admitted as a barrister and solicitor of the Supreme Court of the ACT . Louise specialised in criminal law, prosecuting for the ACT Director of Public Prosecutions and as a Principal Legal Officer of the Commonwealth Director of Public Prosecutions . For a significant period at the ACT DPP Louise was a specialised Family Violence Prosecutor under the auspices of the ACT Family Violence Intervention Program . Louise is the Deputy Chair of the ACT Ministerial Advisory Council on Women and Assistant Convenor of the ACT Women’s Legal Centre . Louise is on the editorial board of the Indigenous Law Bulletin . Louise has particular interest in access to justice for marginalised women, especially Aboriginal and Torres Strait Islander women .

Parallel Session 5B: Contemporary Issues on Indigenous Rights in International Law

Competing Claims to Sovereignty: A Politico-Legal View

Tony McAvoy, Barrister, Frederick Jordan Chambers

Tony McAvoy was born and bred in Brisbane, and his traditional country is the Clermont area of Central Queensland . In 1983, Tony commenced work as an articled clerk with a Brisbane law firm . In 1988, Tony graduated in law from QUT and was admitted as a solicitor . He practised as a solicitor in general practice until 1992 when he went overseas . Returning to Brisbane in early 1994 he worked as a solicitor at the Brisbane Aboriginal Legal Service . In late 1994 he went to Sydney to work for the Department of Aboriginal Affairs . In 2000 he was admitted as a Barrister in NSW . He currently works in the areas of native title and land rights and also specialises in resource law, criminal law, human rights and planning law .


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SAAMI Rights in International Law

Jo-Anne Weinman, Research Associate, National Centre for Indigenous Studies, The Australian National University

Before taking up her position at NCIS, Jo was a visiting scholar at the Australian Centre for Indigenous History in the Research School of Social Sciences (ANU) where she worked as a research assistant for Professor Ann McGrath (Director) while continuing work on her doctorate . Her PhD, supported by an Australian Postgraduate Award, examines constructions of indigeneity in native title jurisprudence in Australia and Norway . Her Honours thesis, entitled Deconstructing the Politics of Exclusion, analysed the relevance of the ‘excludability’ aspect of proprietary interests, applying critical legal studies and discourse analysis theories . Jo’s research interests lie primarily in native title and other Indigenous rights to land and waters in Australia and internationally, especially in relation to the Saami people of Norway, Sweden, Finland and Russia . They also include the reconciliation process, Indigenous self-determination, self-governance models and measures, and the limits and contradictions of sovereignty . International law relating to Indigenous peoples, and constitutional law are other areas of interest .

Notes


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Conference Dinner speakerAssociate Professor Simon Rice OAM, ANU College of Law

Simon has worked and researched extensively in anti-discrimination, human rights and access to justice issues .

After a period in private commercial practice Simon worked at Redfern Legal Centre in Sydney and co-founded Macarthur Legal Centre . He was Director of Kingsford Legal Centre while director of clinical legal education programs at the University of NSW . He has been a board member of Macarthur Legal Centre, Redfern Legal Centre, Redfern Legal Centre Publishing, the Communications Law Centre, the Disability Discrimination Legal Centre, the Intellectual Disability Rights Centre, and the ACT Welfare Rights and Legal Centre .

He has been Director of the NSW Law and Justice Foundation, President of Australian Lawyers for Human Rights, a Board member of the NSW Legal Aid Commission, and a consultant to the NSW Law Reform Commission .

Since 1996 he has been a part-time judicial member of the NSW Administrative Decisions Tribunal in the Equal Opportunity Division . He is Chair of the Australian Capital Territory Law Reform Advisory Council .

Simon has practised extensively in poverty law in community legal centres, particularly anti-discrimination law, has trained and advised a wide range of businesses, agencies and NGOs, and has consulted to NGOs on organisational management and strategic planning .

Simon was a lecturer in the UNSW Law Faculty 1989–1995 where he was director of clinical programs, and taught at Sydney University Law Faculty in 2000 and 2001 . He was a senior lecturer in the Division of Law at Macquarie University from 2005–2007 .

He was awarded a Medal in the Order of Australia for legal services to the economically and socially disadvantaged, and has received a UNSW Alumni Award . In 2008 Simon was an invitee to the Australian Government’s 2020 Summit .


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Saturday 2 October

Plenary Session 6: Indigenous Australian Issues in the International Plane

Les Malezer, Chairperson, Foundation for Aboriginal & Islander Research Action

Les was a recipient of the 2008 Australia’s Human Rights Medal for advancing the rights of Aboriginal and Torres Strait Islander peoples nationally and internationally . In 2006 he was appointed chairperson of the UN Global Indigenous Peoples Caucus on the DRIP . Les is chairperson of FAIRA, which coordinates the Commonwealth Association of Indigenous Peoples (CAIP) . FAIRA is accredited to attend Commonwealth meetings including the Commonwealth Heads of Government Meetings, and is also accredited to the United Nations, with Special Consultative Status to ECOSOC, and participates in relevant United Nations, intergovernmental organisations and global meetings on the rights of Indigenous Peoples . Les has extensive experience in dealing with the international human rights treaty bodies and is known and respected as an advocate on human rights at the international level .

Notes


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Plenary Session 7: Indigenous Evidence Issues in South Australia

The Hon Justice Robyn Layton, Supreme Court of South Australia

Justice Layton graduated from the University of Adelaide in 1967 . After 10 years as a practitioner with the Honourable Elliott Johnston, she was appointed at a young age as a Judge and Deputy President of the South Australian Industrial Court and Commission for seven years, and then appointed a Deputy President of the Administrative Appeals Tribunal for four years . Her Honour then left the bench and returned to practice at the independent Bar and obtained silk in 1992 . She completed a Master’s Degree in 1999 and was appointed a Justice of the Supreme Court of South Australia in 2005 . Justice Layton has had a long involvement in human rights and social justice . In her early days she was the South Australian Counsel for Civil Liberties and she was appointed as a solicitor for the Central Aboriginal Land Council before it became incorporated . She was also Chair of the South Australian Sex Discrimination Board and later chaired the Human Rights Committee of the Law Society of South Australia . She is a patron of the Migrant Resource Centre of South Australia . Justice Layton has also had a significant interest in the rights of the child and in 2003 she was commissioned to produce a comprehensive review and government plan for the protection of children, entitled ‘Our Best Investment’ . She maintains her concern about child protection and chairs the Advisory Committee for the Australian Centre for Child Protection at UniSA . She has also served on a diverse number of boards and corporations related to the arts (the South Australian State Theatre and the South Australian Art Gallery), bioethics (National Bioethics Consultative Committee), health (the Health Insurance Commission) and was even for a time a Director of the National Rail Corporation .

Notes


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Parallel Session 8A: Post Graduation Study and Work Options

Shane Drumgold, Legal Practice Manager, Office of the Director of Public Prosecutions (ACT)

Shane is presently Senior Advocate at the ACT DPP . In short time in 2005 he worked as a public defender in the Solomon Islands, during which he was involved in several controversial cases including: John Ross & Ors v Attorney General seeking High Court Declarations relating to prisoner rights in Rove Prison; Eddie v Attorney General seeking High Court Declarations to prevent accused people being handcuffed in court; and several cases seeking amnesty from prosecution for murder charges . In 2003 Shane was awarded a Churchill Fellowship to study restorative justice initiatives in the USA, Canada and New Zealand . As part of this he studied a range of alternative justice models, including Navajo Peacemakers in the USA, diversionary conferencing in the Tyendinaga Mohawk Territory and Sweetwater Cree in Saskatchewin as well as programs such as the Gladue Aboriginal Court in Toronto Canada . As an undergraduate Shane worked as an undergraduate for the Aboriginal Legal Service in Canberra, 1999–2001 .

Tony Giugni, Niamgh Lenagh-Maguire & Brett Gulley, AGS Young Lawyers

Parallel Session 8B: Economic Rights & Sentencing

Shaz Rind, Principal Legal Officer, Queensland South Native Title Services

Shaz Rind is a Badmia person of the Yamatji Nation, in the Murchison area of Western Australia and Baluchi (Afghan Camel Traders) decent . He currently works with the Queensland South Native Title Services as the Principal Legal Officer . Shaz was admitted on the Roll in the Supreme Court of NSW as a Legal Practitioner in 1999 and in 2001 was admitted as a Legal Practitioner to the HCA . He has worked in Indigenous related areas of law since graduating from the University of Western Australia at the end of 1998 . Shaz has significant experience in native title law, claim work and negotiations of mining agreements and intra-indigenous dispute resolution in NSW, WA and Queensland and has been involved in front end negotiations with FMG, RTIO, BHPBIO and a host of smaller companies . He has also acted for and represented numerous Traditional Owners in NSW, WA and Queensland .

Aboriginality in the Courtroom: Sentencing a person for who they are

Anthony Hopkins, University of Canberra

Anthony Hopkins is an Assistant Professor at the University of Canberra and was admitted as a Barrister and Solicitor of the Supreme Court of the Northern Territory in 2002 . Anthony’s teaching and research interests lie in criminal law, evidence law, advocacy and Indigenous Australians and the law, drawing upon his experience as a criminal defence lawyer at the Central Australian Aboriginal Legal Aid Service and the Northern Territory Legal Aid Commission . His recent publications include: Easteal, P and Hopkins, A, Chapter 7 ‘Women and Criminal Defences to Homicide’ in Easteal, P (ed) Women and the Law, forthcoming 2010 and Boyd, R and Hopkins, A, ‘Drawing the Line Between Acceptable and Unacceptable Cross-examination of Child Sexual Assault Complainants: concerns about the application of s 41 Evidence Act 1995 (NSW & Cth) and s 41 Evidence Act 2008 (Vic)’ Criminal Law Journal, forthcoming 2010 .


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Parallel Session 8C: The National Congress of Australia’s First Peoples and the Law

Dr Kerry Arabena, Co-Chair, National Congress of Australia’s First Peoples

Dr Kerry Arabena, a descendant of the Meriam Mer people of the Torres Strait, has recently been appointed as the CEO of the Lowitja Research Institute . Dr Arabena has just been awarded a PhD on human ecology, which included development of the Universe Referent Citizen, through The Australian National University (ANU) . She is currently the inaugural Co-Chair of the Congress of Australia’s First Peoples . Dr Arabena’s work history includes work in remote areas and in policy in Aboriginal health, but also internationally, with contributions to Australia and the Asia Pacific region in cross-jurisdictional areas such as gender issues, social justice, human rights, violence, access and equity, service provision, harm minimisation and citizenship rights and responsibilities .

Tim Goodwin, Arthur Allen & Robinson

Tim Goodwin is a member of the Yuin Nation from the south-east coast of NSW . Since meeting other young Indigenous people from around the world in 1998 at the World Indigenous Youth Conference in Aotearoa (New Zealand), Tim has been passionate about Indigenous youth leadership and development . Tim has been involved in a number of national and international forums, including the United Nations, to speak about the importance of involving Indigenous young people in decision making and recognising their importance not only for the future, but for the contribution they can, and deserve, to make today . In 2003 Tim was awarded the Centenary Medal for services to Indigenous youth .

Notes


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Parallel Session 9A: Practicing at the Bar: An Indigenous Perspective

Munya Andrews, Barrister, Owen Dixon Chambers

Munya was admitted to practise in November 1997 and signed the Bar Roll in May 2008 . She has worked as a community lawyer in northern NSW and taught as a legal academic at the University of Melbourne and at the Southern Cross University in Lismore NSW in indigenous legal issues (from a national and international perspective) on a variety of topics ranging from native title, administrative law, family law and criminal law through to human rights and international treaty law . Munya is an indigenous barrister originally form the Kimberley region of WA and is well versed in traditional laws, customs and practices . She is an excellent criminal law advocate looking to expand her practice into the civil arena . She also maintains a keen interest in international child abduction applications governed by the Hague Convention .

Tony McAvoy, Barrister, Frederick Jordan Chambers

Tony McAvoy was born and bred in Brisbane, and his traditional country is the Clermont area of Central Queensland . In 1983, Tony commenced work as an articled clerk with a Brisbane law firm . In 1988, Tony graduated in law from QUT and was admitted as a solicitor . He practised as a solicitor in general practice until 1992 when he went overseas . Returning to Brisbane in early 1994 he worked as a solicitor at the Brisbane Aboriginal Legal Service . In late 1994 he went to Sydney to work for the Department of Aboriginal Affairs . In 2000 he was admitted as a Barrister in NSW . He currently works in the areas of native title and land rights and also specialises in resource law, criminal law, human rights and planning law .

Jolleen Hicks, Queensland South Native Title Services

Jolleen Hicks is a young Ngarluma woman from Roebourne in the Pilbara region of Western Australia . She completed a Bachelor of Laws from the University of Western Australia in 2005 and since then has worked for mining company Rio Tinto Iron ore in the area of government approvals, law firm Allens Arthur Robinson in the area of Energy and Resources law, and the Kimberley Land Council as a claims lawyer . She currently works as a Legal Officer with Queensland South Native Title Services based in Brisbane, with responsibility for six native title claims . Jolleen is also a Board member (and currently Treasurer) of the Graham ‘Polly’ Farmer Foundation, a not for profit organisation focusing on education programs for Indigenous students across the country, and was recognized by the Women Lawyers Association WA as the Young WA Woman Lawyer of the Year for 2010 .

Parallel Session 9B: Contemporary Land & Sea Issues

David Saylor, Senior Legal Officer, North Queensland Land Council

David Saylor’s cultural connections are Waanyi Peoples on his mother’s side and Erub (Darnley Island) in the Torres Strait on his father’s side . He graduated with a Law Degree in 1995 . Since that time he worked in private practice, worked for four years with the Aboriginal Legal Service Western Australia (ALSWA), the North Australian Aboriginal Legal Service, the Kimberley Land Council, the Queensland South Native Title Representative Body, five years as the Principal Legal Officer with the Torres Strait Regional Authority . He is currently employed as a Senior Legal Officer with the North Queensland Land Council . He was the instructing solicitor in matter of Akiba v Qld and Others [2010] FCA 643 which is a native title claim made on behalf of Torres Strait Islanders over some 42,000 square kilometres of Torres Strait seas . His presentation will discuss how the claim was prepared for trial and the Trial Judge’s decision .


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Mark Cowan, Environmental Defender’s Office (NT)

Mark Cowan, Principal Solicitor for the Territory’s Environmental Defender’s Office (EDO), a non-government community legal centre practising environmental law in the public interest, part of a national network, funded primarily from Commonwealth grants with support also from the NT Department of the Environment . Prior to that he worked as an environmental lawyer with Blake Dawson in Brisbane . Mr Cowan is committed to law reform in the NT, a process undertaken by many other jurisdictions five to ten years ago .

Notes


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The Fifth National Indigenous Legal Conference Legal Education · Chair: Asmi Wood, ANU College of...

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