Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty ....Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty, or of how a treaty might be accommodated within Australia's constitutional structure. With the benefit of comparative analysis, this project will provide a scholarly investigation of the role that a treaty could play under Australian law.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE190101391
Funder
Australian Research Council
Funding Amount
$397,000.00
Summary
The history, operation and efficacy of the Custody Notification Service. This project aims to assess the efficacy of the Custody Notification Service (CNS), an Australian innovation for preventing Indigenous deaths in police custody. The risk of Indigenous deaths in police custody remains unacceptably high. This project will focus on two jurisdictions where the CNS has been operating for over fifteen years to provide an in-depth socio-legal investigation of the history and operation of the servi ....The history, operation and efficacy of the Custody Notification Service. This project aims to assess the efficacy of the Custody Notification Service (CNS), an Australian innovation for preventing Indigenous deaths in police custody. The risk of Indigenous deaths in police custody remains unacceptably high. This project will focus on two jurisdictions where the CNS has been operating for over fifteen years to provide an in-depth socio-legal investigation of the history and operation of the service. Using legal analysis and empirical research, the project is expected to develop tools for evaluation and identify ‘best practice’ for optimal operation. This should produce significant knowledge and guidance for policy-makers, academics, and frontline service providers, including lawyers and police, towards the prevention of deaths in custody.Read moreRead less
Discovery Indigenous Researchers Development - Grant ID: DI0775835
Funder
Australian Research Council
Funding Amount
$10,000.00
Summary
A study to determine the relevance to Australian Indigenous lands of allotment in the United States of America. The research will address the national research priority of promoting and maintaining good health. In particular, it will address the goal of strengthening Australia's social and economic fabric by assisting Indigenous communities to make informed decisions about the future use of their lands.
Impact of Native Title on Local Government in Australia. This project will consider in detail the Integrated Planning Act 1997 (Qld) (IPA) and how the implementation IPA Planning Schemes will impact upon native title rights to land and sea. The project will also look at the impact of IPA on development applications made by native titleholders themselves. It will provide for identification and analysis of the relevant legal arrangements affecting native title, and the creation for taxonomy of imp ....Impact of Native Title on Local Government in Australia. This project will consider in detail the Integrated Planning Act 1997 (Qld) (IPA) and how the implementation IPA Planning Schemes will impact upon native title rights to land and sea. The project will also look at the impact of IPA on development applications made by native titleholders themselves. It will provide for identification and analysis of the relevant legal arrangements affecting native title, and the creation for taxonomy of impacts arising out of the interaction of the two legal regimes. The project will indicate strategies to facilitate cooperation between local planning authorities and indigenous stakeholders within existing legal structures.Read moreRead less
Regional governance for Aboriginal and Torres Strait Islander communities: the development of a legal framework and practical models to address discrimination and disadvantage. Many Indigenous people are of the view that the needs and aspirations of their communities may be more effectively negotiated and managed on a local or regional level. Government leaders and agencies have identified more localised decision-making by Indigenous communities as a policy priority. Despite this, there is littl ....Regional governance for Aboriginal and Torres Strait Islander communities: the development of a legal framework and practical models to address discrimination and disadvantage. Many Indigenous people are of the view that the needs and aspirations of their communities may be more effectively negotiated and managed on a local or regional level. Government leaders and agencies have identified more localised decision-making by Indigenous communities as a policy priority. Despite this, there is little comprehensive research regarding the legal and policy issues associated with regional governance for Indigenous people in Australia. This research project will redress the paucity of in-depth legal analysis in this area, and develop achievable and practical models of regional governance for Indigenous communities, to enhance their cultural, economic and social well-being.Read moreRead less
Discovery Indigenous Researchers Development - Grant ID: DI0775837
Funder
Australian Research Council
Funding Amount
$12,000.00
Summary
A study of how Aboriginal women fare in liberal democracies. This study of how Aboriginal women fare in liberal democracies will contribute to a better understanding of the challenges faced by Aboriginal women in Australia. The survival of Aboriginal culture and the health and well being of Aboriginal children depend on the health of Aboriginal women. A deeper understanding of the institutional difficulties faced by Aboriginal women within Indigenous communities as well as Australia's public i ....A study of how Aboriginal women fare in liberal democracies. This study of how Aboriginal women fare in liberal democracies will contribute to a better understanding of the challenges faced by Aboriginal women in Australia. The survival of Aboriginal culture and the health and well being of Aboriginal children depend on the health of Aboriginal women. A deeper understanding of the institutional difficulties faced by Aboriginal women within Indigenous communities as well as Australia's public institutions will contribute to strengthening Australia's social and economic fabric. Read moreRead less
Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine ....Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine cultural assumptions about the relationship of indigenous communities to their symbols and their environment. The examination will extend to Southeast Asia to discover different concepts of 'indigenous' and different mechanisms for the interaction between state and customary law. Asian experiences with legislation in this field will provide useful insights for legislators in Australia.Read moreRead less
The Implementation of Agreements and Treaties with Indigenous and Local Peoples in Postcolonial States. This project involves a comparative study by an interdisciplinary team of the implementation of agreements with Indigenous and local peoples across selected Australian and international jurisdictions. Agreement making is now a major policy tool for governments, industry and Indigenous peoples. Using case studies, this project will address the critical need for research on implementation of agr ....The Implementation of Agreements and Treaties with Indigenous and Local Peoples in Postcolonial States. This project involves a comparative study by an interdisciplinary team of the implementation of agreements with Indigenous and local peoples across selected Australian and international jurisdictions. Agreement making is now a major policy tool for governments, industry and Indigenous peoples. Using case studies, this project will address the critical need for research on implementation of agreements and the factors promoting long-term sustainability. This will involve examination of legal, governance, economic development, land/heritage, and environmental management issues that arise in agreement implementation and investigation of the features of agreements that enhance social, cultural and economic outcomes for Indigenous communities.Read moreRead less
Discovery Indigenous Researchers Development - Grant ID: DI0775833
Funder
Australian Research Council
Funding Amount
$40,000.00
Summary
Aboriginal Women Law and Colonialism: Safe Places for Women. There has been extensive media reporting on violent crimes against Aboriginal women and children in Aboriginal communities across Australia, which has created wide public debate. In particular the role of the courts when sentencing Aboriginal offenders of violent crimes has drawn attention to the interpretation of Aboriginal law and culture. The evaluation of Australian case law will be invaluable in expanding the Australian communit ....Aboriginal Women Law and Colonialism: Safe Places for Women. There has been extensive media reporting on violent crimes against Aboriginal women and children in Aboriginal communities across Australia, which has created wide public debate. In particular the role of the courts when sentencing Aboriginal offenders of violent crimes has drawn attention to the interpretation of Aboriginal law and culture. The evaluation of Australian case law will be invaluable in expanding the Australian communities knowledge in this area of law and policy, in planning safer Aboriginal communities for Aboriginal women and children in the future. Read moreRead less
Agreements, Treaties and Negotiated Settlements with Indigenous Peoples in Settler States: their role and relevance for Indigenous and other Australians. The project aims to examine treaty and agreement making with Indigenous Australians, including legal history and foundations, and the nature of the legal rights encompassed by agreements and treaties. It would include an audit of the current state of agreements with Indigenous parties, their purposes, status and outcomes; and would include inte ....Agreements, Treaties and Negotiated Settlements with Indigenous Peoples in Settler States: their role and relevance for Indigenous and other Australians. The project aims to examine treaty and agreement making with Indigenous Australians, including legal history and foundations, and the nature of the legal rights encompassed by agreements and treaties. It would include an audit of the current state of agreements with Indigenous parties, their purposes, status and outcomes; and would include international comparative research on treaty and agreement making. Outcomes would include a database on treaties and agreements in Australia and overseas and publication of collected papers and would contribute to the efforts by Indigenous organisations to secure political and economic rights through agreements with governments, industry and the community.Read moreRead less