November/December 2010 Volume 7 Issue 21

Welcome to the final edition of the Indigenous Law Bulletin for 2010. To close the year, we bring you a diverse range of issues and legal developments for consideration.

Kylie Cripps, Leanne Miller and Jody Saxton-Barney open this edition with an exploration of the issues that face Indigenous women with disabilities, who are also victims of violence. They discuss the functionality of partnerships between disability, family violence and community sectors, and the need to address the deficiency in services available for this vulnerable group in our communities.

Miranda Stewart examines the Federal Treasury Department’s consultation paper Native Title, Indigenous Economic Development and Tax, released in May. Miranda outlines the key issues in relation to the main options for reform, particularly the establishment of a tax-exempt Indigenous Community Fund.

The Australian Indigenous Art Commercial Code of Conduct opened up for membership earlier this year. Erin Mackay discusses this domestic regulation, together with international law and domestic legislation, in her examination of why and how Indigenous Cultural and Intellectual Property should be protected.

Sarah Bury examines the Northern Territory case of R v Wunungmurra, and the application of s 91 of the Northern Territory National EmergencyResponse Act 2007 (Cth). Sarah inspects the purported aims of s 91 in the context of the Little Children are Sacred Report and the rights of Aboriginal women and children as victims of violence and sexual assault.

In late 2010, Western Australian Premier Colin Barnett stated that James Price Point in the Kimberly will be compulsorily acquired for the development of a $30 billion gas precinct. Suzanne Mortimer explores the background to the initial negotiations, and uncovers a flawed consultation process that she argues has unnecessarily left traditional owners in opposition.

Dylan Lino reviews People Power: the History and Future of the Referendum in Australia, which is particularly timely following Prime Minster Julia Gillard’s announcement that an expert panel will be established to work towards including Aboriginal and Torres StraitIslander people in the Constitution.

Finally, we close this edition with an interview with the newly appointed Northern Territory Anti-Discrimination Commissioner Eddie Cubillo. Eddie talks to Lucienne Cassidy about the complaints and conciliation process at the Commission, and the challenges he faces as Commissioner.

Peta MacGillivray



‘Too hard to handle’: Indigenous victims of violence with disabilities by Kyllie Cripps, Leanne Miller & Jody Saxton-Barney

Native Title and Tax: understanding the issues by Miranda Stewart

Regulating Rights: the case of traditional knowledge by Erin Mackay

R v Wunungmurra and the operation of section 91 of the Northern Territory National Emergency ResponseAct 2007 (Cth) by Sarah Bury

A Flawed Consultation Process Preventing ‘Unprecedented Opportunity’ by Suzanne Mortimer

Book Review

People Power: The History and Future of the Referendum in Australia by Dylan Lino

An Interview with Eddie Cubillo by Lucienne Cassidy


Archives of the ILB from Volume 1, Issue 1 (1981) to 6 (27) 2007 are available online at

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