Aboriginal Law Bulletin
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The Indigenous Law Centre (ILC), formerly the Aboriginal Law Research Unit and Aboriginal Law Centre, is part of the Law Faculty at the
University of New South Wales The University of New South Wales (UNSW) is a public research university based in Sydney, New South Wales, Australia. It was established in 1949. The university comprises seven faculties, through which it offers bachelor's, master's and docto ...
. It develops and coordinates research, teaching and information services in the multi-disciplinary area of
Indigenous peoples There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territ ...
and the law, and publishes two major journals: the ''Australian Indigenous Law Review'' (formerly ''Australian Indigenous Law Reporter'') and the ''Indigenous Law Bulletin'' (formerly ''Aboriginal Law Bulletin''). It is the only Indigenous law research centre in Australia.


History

In early 1970, when the first
Aboriginal Legal Service The Aboriginal Legal Service (NSW/ACT) (ALS), known also as Aboriginal Legal Service, is a community-run organisation in New South Wales and the Australian Capital Territory, founded in 1970 to provide legal services to Aboriginal Australians a ...
(ALS) was established, Hal Wootten, professor of law, was its first President. He operated the ALS from the UNSW Law School in its early years. When the
Whitlam government The Whitlam government was the federal executive government of Australia led by Prime Minister Gough Whitlam of the Australian Labor Party. The government commenced when Labor defeated the McMahon government at the 1972 Australian federal elect ...
funded the ALS, staff found their time taken up with criminal representation, and had no time for
law reform Law reform or legal reform is the process of examining existing laws, and advocating and implementing change in a legal system, usually with the aim of enhancing justice or efficiency. Intimately related are law reform bodies or Law Commission, ...
advocacy, so they carried on contacting the UNSW Faculty of Law members for advice on legal issues such as land rights claims,
environmental law Environmental laws are laws that protect the environment. The term "environmental law" encompasses treaties, statutes, regulations, conventions, and policies designed to protect the natural environment and manage the impact of human activitie ...
and other legal matters. The Aboriginal Law Research Unit was established at UNSW on 23 April 1981. A small group of academics – Professor Garth Nettheim, Richard Chisholm,
Pat O'Shane Patricia June O'Shane (born 1941) is a retired Australian teacher, barrister, public servant, jurist, and Aboriginal activist. She was Australia's first Aboriginal magistrate, serving the Local Court in Sydney, New South Wales, between 1986 u ...
and Neil Rees – established a "back-up centre" or legal research centre that could assist the frontline ALS as well as and Aboriginal Land Councils. In 1986 the Aboriginal Law Research Unit became the Aboriginal Law Centre, and was later renamed Indigenous Law Centre. The ILC has worked with the Indigenous community and has been involved in High Court cases such as
Koowarta v Bjelke-Petersen ''Koowarta v Bjelke-Petersen'',. was a significant court case decided in the High Court of Australia on 11 May 1982. It concerned the constitutional validity of parts of the ''Racial Discrimination Act 1975'', and the discriminatory acts of th ...
(1982),
Mabo v Queensland (No 2) ''Mabo v Queensland (No 2)'' (commonly known as the ''Mabo case'' or simply ''Mabo''; ) is a landmark decision of the High Court of Australia that recognised the existence of Native Title in Australia.. It was brought by Eddie Mabo and othe ...
(1992), and international indigenous rights advocacy such as the
United Nations Declaration on the Rights of Indigenous Peoples United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...
(UNDRIP).


21st century

Since 2010 much work has been focussed on the development of reform of the
Constitution of Australia The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a Federation of Australia, ...
. In recent years, the ILC has been assisting with the reforms proposed by the '' Uluru Statement from the Heart'', in particular a First Nations Voice to Parliament enshrined in the Constitution and a Makarrata Commission to coordinate and facilitate the making of agreements and a truth-telling process. The Balnaves Chair in Constitutional Law was established by the Balnaves Foundation in 2020, to allow Professor Megan Davis to continue the work of the ''Uluru Statement from the Heart''. The chair was named in honour of Alexandra Balnaves, daughter of Neil Balnaves, who died in 2019. The foundation has had a long relationship with UNSW since its establishment in 2006, by 2020 having given almost A$5.5 million, which included allocations for Indigenous medical scholarships and for funding the UNSW Indigenous Law Centre. Davis a former director of the Indigenous Law Centre, and also holds the office of Pro Vice-Chancellor, Indigenous.


Core research areas

, the ILC focuses on six core research areas: * ''Uluru Statement from the Heart'' * Violence against Indigenous women and children (including
sexual assault Sexual assault is an act of sexual abuse in which one intentionally Physical intimacy, sexually touches another person without that person's consent, or Coercion, coerces or physically forces a person to engage in a sexual act against their w ...
) * Constitutional reform and Indigenous peoples of Australia * Indigenous land reform (land tenure reform, covering
land rights Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use ...
and
native title in Australia Native title is the set of rights, recognised by Australian law, held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title righ ...
) * Remote Indigenous housing and
home ownership Owner-occupancy or home-ownership is a form of housing tenure in which a person, called the owner-occupier, owner-occupant, or home owner, owns the home in which they live. The home can be a house, such as a single-family house, an apartment, c ...
* Legal regulation of alcohol consumption in the
Northern Territory The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regi ...
* United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)


Publications

The Indigenous Legal Centre publishes two journals: * The ''Australian Indigenous Law Review'' (1996–) was known as the ''Australian Indigenous Law Reporter'' from 1996 to 2007. It is a
peer-reviewed Peer review is the evaluation of work by one or more people with similar competencies as the producers of the work ( peers). It functions as a form of self-regulation by qualified members of a profession within the relevant field. Peer review ...
which publishes research on legal issues which affect Indigenous peoples both in Australia and around the world. * The ''Indigenous Law Bulletin'' (April 1981–) was formerly the ''Aboriginal Law Bulletin'', which was issued with the '' Legal Service Bulletin'' from 1981 to 1991 and with ''
Alternative Law Journal The ''Alternative Law Journal'' is a quarterly peer-reviewed law journal covering law reform. It is published by SAGE Publications on behalf of the Legal Service Bulletin Co-operative (Melbourne, Australia). The journal was established in 1974 ...
'' from 1992 to 1995, includes articles and commentary from people from diverse backgrounds on issues relating to Indigenous peoples and Australian law.


See also

*
Indigenous Australian customary law Indigenous Australian customary law or Indigenous Australian customary lore refers to the legal systems and practices uniquely belonging to Indigenous Australians of Australia, that is, Aboriginal and Torres Strait Islander people. Background ...
* Australian Aboriginal Sovereignty * Center for World Indigenous Studies *
Native American studies Native American studies (also known as American Indian, Indigenous American, Aboriginal, Native, or First Nations studies) is an interdisciplinary academic field that examines the history, culture, politics, issues, spirituality, sociology and co ...
*
Society for the Study of the Indigenous Languages of the Americas The Society for the Study of the Indigenous Languages of the Americas (SSILA) is an international organization founded in 1981 devoted to the study of the indigenous languages of the Americas, indigenous languages of North, Central, and South Ameri ...


Journals on related topics

*'' AlterNative: An International Journal of Indigenous Peoples'' *''
American Indian Quarterly The ''American Indian Quarterly'' is a quarterly peer-reviewed academic journal covering studies on the indigenous peoples of North and South America. It is published by the University of Nebraska Press and was established in 1974. The editor-in-ch ...
'' *'' Journal of Aboriginal Health'' *'' Journal of Indigenous Studies'' *''
Oceania Oceania ( , ) is a region, geographical region including Australasia, Melanesia, Micronesia, and Polynesia. Outside of the English-speaking world, Oceania is generally considered a continent, while Mainland Australia is regarded as its co ...
''


References


Further reading

*


External links

* {{University of New South Wales Law schools in Australia University of New South Wales