Past Issue

October 2005

Volume 6, Issue 14

Once more we have chosen to begin the edition with an article written in narrative style by Carwyn Jones. Carwyn is a New Zealand Maöri and his stories maintain a respect and an accessibility for all readers; qualities which are often sadly lacking in decision making on environmental and heritage issues. Another of Carwyn’s stories runs in this edition alongside an article by Joseph Kennedy, a University of NSW Law student who analyses the issue of permits to destroy sites of Indigenous cultural heritage in NSW. Joseph examines current legislation and case law and questions whether a uniform piece of cultural heritage legislation, founded in the principle of self-determination, would be a more equitable and just approach.

On criminal justice issues, this edition covers an array of issues ranging from offender rehabilitation to the duty of care owed by corrections departments to prisoners and related persons. Joanna Salomone from the Western Australia Department of Justice discusses the establishment of the Boronia Pre Release Centre for Women, aimed at addressing the personal, cultural and criminogenic needs of women currently serving a sentence. Victoria Police talk about the way in which the Koori Court has aided in the strengthening of relations between Indigenous Victorians and the State’s police. Supplementing this article, UNSW Law student Seranie Gamble explains the various approaches States and Territories have taken as culturally appropriate ways of addressing offending behaviour.

Charmaine Smith, the Indigenous Justice Project Solicitor at the Public Interest Advocacy Centre (‘PIAC’), provides us with a casenote on Veronica Appleton v State of NSW (Unreported, District Court of New South Wales, Judge Quirk, 28 July 2005). In this case, run by PIAC, the District Court found that the Department had breached its duty of care in not taking adequate precautions to prevent a prisoner from self-harm which led to his death. The decision showed an interesting distinction in recognising breaches by the Department of its duty of care to the deceased’s mother, however the implications of the decision as it relates to recommendations of the Royal Commission into Aboriginal Deaths in Custody remain most significant. A need for greater understanding of the needs of all prisoners, but particularly those with mental health issues, is of paramount importance.

Our feature article in this edition comes from Megan Davis. Megan’s article discusses reform of the United Nations (‘UN’); a challenge many have contributed to over the UN’s 60-year history. Maintaining and enhancing the supranational strength of the UN as protector of human rights remains the ultimate goal for indigenous peoples worldwide.

Archives of the Bulletin from Volume 1, Issue 1 (1981) to 6(1) 2004 are available at www.austlii.edu.au/au/journals/ILB/

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