September-October 2007 Volume 6, Issue 30

The death of Carl Woods in police custody in April 2006 brought pain and distress to not only his family, but his community and wider Australia. The report, twelve months on, that an internal police investigation had exonerated the officers involved prompted a rally in Western Australia to call for an independent investigation and a real and concerted effort to put an end to Indigenous deaths in custody. Lawyer Hannah McGlade spoke at that rally and here we reproduce her speech and bring readers up to date on the issue with details of the evidence currently being put to a coronial inquiry.

Director of the Indigenous Law Centre, Megan Davis , writes in this edition on the United Nations Declaration on the Rights of Indigenous Peoples subsequent to its adoption by the General Assembly in September. There has been a considerable fear campaign around the practical application of the Declaration and these concerns are answered here.

Fiona Martin looks at the issue of charities as dealt with by the Income Tax Assessment Act 1997 (Cth) and examines whether organisations with the 'aim of preserving and enhancing Indigenous culture' are 'charities' and are therefore eligible for income tax exemptions and other fiscal benefits.

Aboriginal Corporations are in the process of undergoing constitutional and other change as a consequence of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) coming into force on 1 July. Here we publish an article from the Office of the Registrar of Aboriginal and Torres Strait Islander Corporations (‘ORATSIC') explaining pertinent details of the new Act and the changes taking place.

Nigel Stobbs from Queensland University of Technology writes on a long-running issue: that of the immense disadvantage suffered by Indigenous victims, witnesses and defendants who don't speak English or for whom English is not their primary language.

The issue is so much more than sending in an interpreter – even if one is available. Stobbs' article covers a particular matter recently before the Queensland Court of Appeal, however it should be noted that this is a nationwide problem.

Criminal law lecturer Melanie Schwartz looks at the policing aspect of the Federal Government's intervention into the Northern Territory's Aboriginal communities and questions whether an increased police presence can effectively address child sexual assault.

Archives of the ILB from Volume 1, Issue 1 (1981) to 6 (19) 2006 are available online at <http://www.austlii.edu.au/au/journals/AboriginalLB> and <http://www.austlii.edu.au/au/journals/ILB/>.

General Edition

Community Calls for Answers over an Aboriginal Death in Custody
compiled by Jacqui Houston

The United Nations Declaration on the Rights of Indigenous Peoples
by Megan Davis

Policing the Territory: A Comment on the Emergency Response to Little Children Are Sacred
by Melanie Schwartz

Is the Aim of Preserving and Enhancing Indigenous Culture a Charitable Purpose?
by Fiona Martin

An Adversarial Quagmire: The Continued Inability of the Queensland Criminal Justice System to Cater for Indigenous Witnesses and Complainants
by Nigel Stobbs

ORATSIC and the CATSI Act
by Laura Beacroft and Sayuri Piper

Regular

Recent Happenings September 2007
Recent Happenings October 2007

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