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14 December 2012WebpageSubmissions made by the Aboriginal and Torres Strait Islander Social Justice Commissioner
The Aboriginal and Torres Strait Islander and Social Justice Commissioner was granted leave to appear as amicus curiae in two proceedings before the Queensland Supreme Court: Giblet & Ors v Qld & Anor, Chong & Ors v Qld & Anor. -
14 December 2012Book page
Native Title Report 2007: Chapter 5
Good functioning of prescribed bodies corporate (PBC)2 is essential to native title. Recognition of native title rights only goes part of the way to redress the historical injustice of land dispossession. Without appropriate means to make decisions about land, the existence of native title makes minimal appreciable difference to Indigenous people. -
14 December 2012Book page
Native Title Report 2007: Chapter 6
‘CATSI’ is an acronym for the Commonwealth’s Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), which came into effect on 1 July 2007. The Act ‘primarily provides for the incorporation and regulation of Aboriginal and Torres Strait Islander Corporations’. It replaces the Aboriginal Councils and Associations Act 1976 (Cth) (the ACA Act). -
Rights and Freedoms
14 March 2024SpeechThe Perils of Independence
The Australian Human Rights Commission’s role in protecting human rights in Australia Sir Ronald Wilson Lecture 2021 Emeritus Professor Rosalind Croucher AM President, Australian Human Rights Commission Acknowledgements Thank you Matthew McGuire for your welcome to country and Kendra Turner as MC. I am speaking from the traditional lands of the Gadigal people of the Eora nation, in the city… -
Legal
14 December 2012Webpage
Native title payments discussion paper – Optimising Benefits from Native Title Agreements
The Aboriginal and Torres Strait Islander Social Justice Commissioner has produced 15 Native Title Reports which include analyses and recommendations on the operation of the native title system and its effect on the exercise and enjoyment of Aboriginal and Torres Strait Islander peoples.[1] Particularly relevant is the Native Title Report 2003, which provides a detailed comparative analysis of… -
14 December 2012Book page
Native Title Report 2003 : Chapter 2 : Native Title Policy - State and Commonwealth profiles
Human rights principles require that Indigenous people's relationships to land, based on traditional laws and customs, be given legal recognition and protection. International legal principles also recognise that Indigenous peoples have economic, social and cultural human rights. Native title, as it is constructed through the Australian legal system, has a limited capacity to meet these human… -
14 December 2012Book page
Social Justice Report 2007 - Acknowledgements
The position of Aboriginal and Torres Strait Islander Social Justice Commissioner was established within the Human Rights and Equal Opportunity Commission in 1993 to carry out the following functions: -
14 December 2012Book page
Native Title Report 2005 : Annexure 4 : Chronology of events in native title 1 July 2004 - 30 June 2005
This table includes summaries of every native title determination that occurred during this period, and notable or interesting agreements; it does not include every Indigenous Land Use Agreement (ILUA) registered or other native title agreements made over this period, due to the large volume. A snapshot of applications, determinations and ILUAs from this period is provided at the end of this… -
14 December 2012Book page
Native Title Report 2007: Chapter 2
Whether Indigenous peoples are able to gain full recognition and protection of their native title rights and interests, depends significantly on the process by which native title applications are resolved. -
14 December 2012Book page
Native Title Report 2007: Chapter 8
These issues highlight some concerns I have with the operation of the Native Title Act 1993 (Cth) (Native Title Act), how it is interpreted by the common law and how the native title system is operating. They seriously impact on the exercise and enjoyment of human rights of Indigenous peoples. -
14 December 2012Book page
Native Title Report 2004 : Chapter 1 : The Consultations
During the 2004 reporting period I have embarked on a series of consultations focusing on the ideas and principles that were contained in a Discussion Paper, released by my predecessor as Social Justice Commissioner in June 2003. The Discussion Paper was entitled Promoting Economic and Social Development through Native Title (at Annexure 1). This chapter seeks to record and develop the ideas and… -
14 December 2012Book page
Native Title Report 2002: Recognition of native title
Native title is an intersection of two different legal systems and cultures. The way in which Australia chooses to give recognition to the relationship that Indigenous people have with their land, and the range of options it considers to express that relationship, are matters that affect the human rights of Indigenous people. -
14 December 2012Book page
Native Title Report 2009: Chapter 3
In my previous two Native Title Reports, I have strongly argued the need to reform the native title system. Stakeholders from all sectors engaged in the native title system have also stressed the need for the Government to take significant steps to ensure that the system meets the original objectives set out in the preamble to the Native Title Act 1993 (Cth) (Native Title Act). -
14 December 2012Book page
Chapter 4 - Introduction: Social Justice Report 2009
Homelands still belong to the people, we want to build homes on our land and live there. When we come to the homeland we come back to the peace and quiet. ... It is a much better environment on the homelands, better things for the children.[1] -
14 December 2012Book page
Introduction - Social Justice Report 2010
It is with great pleasure that I present my first Social Justice Report (the Report) as the Aboriginal and Torres Strait Islander Social Justice Commissioner, having commenced my five-year term on 1 February 2010. -
14 December 2012Book page
Native Title Report 2008 - Chapter 2
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: -
14 December 2012Book page
Chapter 1: Towards a reconciled Australia: An agenda of hope - Social Justice Report 2010
I could tell you of heartbreak, hatred blind I could tell of crimes that shame mankind Of brutal wrongs and deeds malign Of rape and murder son of mine -
14 December 2012Book page
Native Title Report 2008 - Case Study 1
Imagine the sea rising around you as your country literally disappears beneath your feet, where the food you grow and the water you drink is being destroyed by salt, and your last chance is to seek refuge in other lands...[1] -
14 December 2012Book page
Social Justice Report 1998 : Chapter 1: The Aftermath for Indigenous Peoples
It has been worth it because the wider community is more aware of the issues and our history, but the opening of the old scars has been difficult. It's vital that the truth comes out, though. -
14 December 2012Book page
Chapter 1: A cause for cautious optimism: The year in review - Social Justice Report 2011
As I reflect on the events that have taken place during the reporting period from 1 July 2010 to 30 June 2011, I see cause for optimism whilst also acknowledging there are still some areas that remain a concern. Over the last year we have reached some major milestones. For instance, we have seen the election of the two co-chairs and a board to the National Congress of Australia’s First…