Robert William "Bob" Bellear (17 June 1944 – 15 March 2005) was an Australian social activist, lawyer and judge who was the first
Aboriginal Australian
Aboriginal Australians are the various Indigenous peoples of the Mainland Australia, Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the T ...
judge. He served as a judge of the
District Court of New South Wales
The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a ran ...
from 1996 until his death in 2005. He was the brother of
Sol Bellear
Solomon David Bellear (1950/1951 – 29 November 2017) was an Aboriginal Australian public figure.
Early life
Bellear was brought up in the far north of New South Wales and was one of nine children. His brother Bob became a judge.
Activism
In ...
.
Early life
Bellear was born in the far north-east of
New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
, and grew up near the town of
Mullumbimby
Mullumbimby is an Australian town in the Byron Shire in the Northern Rivers region of New South Wales. It promotes itself as "The Biggest Little Town in Australia". The town lies at the foot of Mount Chincogan in the Brunswick Valley about 9 ...
. His grandfather was a Ni-
Vanuatu
Vanuatu ( or ; ), officially the Republic of Vanuatu (french: link=no, République de Vanuatu; bi, Ripablik blong Vanuatu), is an island country located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is east of no ...
man who was
blackbirded to Australia to work on a sugar plantation, and his grandmother was an
Aboriginal Australian
Aboriginal Australians are the various Indigenous peoples of the Mainland Australia, Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the T ...
woman from
Minjerribah
Stradbroke Island, also known as Minjerribah, was a large sand island that formed much of the eastern side of Moreton Bay near Brisbane, Queensland until the late 19th century. Today the island is split into two islands: North Stradbroke Islan ...
(also known as Stradbroke Island) in
Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, established_ ...
. His other grandfather had been blackbirded from the
Solomon Islands
Solomon Islands is an island country consisting of six major islands and over 900 smaller islands in Oceania, to the east of Papua New Guinea and north-west of Vanuatu. It has a land area of , and a population of approx. 700,000. Its ca ...
. Bellear was one of nine children.
Rights advocate
Sol Bellear
Solomon David Bellear (1950/1951 – 29 November 2017) was an Aboriginal Australian public figure.
Early life
Bellear was brought up in the far north of New South Wales and was one of nine children. His brother Bob became a judge.
Activism
In ...
was his brother.
He left school early, but could not get a job, a fact which Bellear often attributed to
racism
Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism ...
. Instead, he joined the
Royal Australian Navy
The Royal Australian Navy (RAN) is the principal naval force of the Australian Defence Force (ADF). The professional head of the RAN is Chief of Navy (CN) Vice Admiral Mark Hammond AM, RAN. CN is also jointly responsible to the Minister of ...
, where he was trained in
mechanical engineering
Mechanical engineering is the study of physical machines that may involve force and movement. It is an engineering branch that combines engineering physics and mathematics principles with materials science, to design, analyze, manufacture, ...
and
clearance diving
A clearance diver was originally a specialist naval diver who used explosives underwater to remove obstructions to make harbours and shipping channels safe to navigate, but the term "clearance diver" was later used to include other naval unde ...
. He was a successful
rugby union
Rugby union, commonly known simply as rugby, is a Contact sport#Terminology, close-contact team sport that originated at Rugby School in the first half of the 19th century. One of the Comparison of rugby league and rugby union, two codes of ru ...
player for the Navy's representative side. He was the first Indigenous person to achieve the rank of
petty officer
A petty officer (PO) is a non-commissioned officer in many navies and is given the NATO rank denotation OR-5 or OR-6. In many nations, they are typically equal to a sergeant in comparison to other military branches. Often they may be superio ...
. Bellear left the Navy in 1968, with several qualifications, including
masonry
Masonry is the building of structures from individual units, which are often laid in and bound together by mortar; the term ''masonry'' can also refer to the units themselves. The common materials of masonry construction are bricks, building ...
and
fitting and turning. He was then able to easily find a job.
For some time Bellear lived in
Redfern with his wife Kaye Williams, whom he had met while in the Navy. The suburb had a substantial Aboriginal population at the time. Bellear co-founded the
Aboriginal Housing Company there in 1972 along with his wife Kaye and others, and throughout the 1970s was a director of both the
Aboriginal Medical Service and the
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 ...
. Bellear was the leader of a campaign to prevent
landlord
A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant (also a ''lessee'' or ''renter''). When a juristic person is in this position, ...
s in Redfern from evicting Aboriginal tenants, and his work led to the
Whitlam government transferring ownership of
The Block to the Aboriginal Housing Corporation.
Legal education and career
Bellear would regularly see the patterns of
intimidation
Intimidation is to "make timid or make fearful"; or to induce fear. This includes intentional behaviors of forcing another person to experience general discomfort such as humiliation, embarrassment, inferiority, limited freedom, etc and the victi ...
and
harassment
Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral ...
which the
New South Wales Police
The New South Wales Police Force (NSW Police Force; previously the New South Wales Police Service and New South Wales Police) is the primary law enforcement agency of the state of New South Wales, Australia. Divided into Police Area Commands ...
practised against the Aboriginal community in Redfern.
In 1972, Bellear decided that he would study law. He completed his
Higher School Certificate studies at
Sydney Technical College
The Sydney Technical College, now known as the TAFE New South Wales Sydney Institute, is a technical school established in 1878, that superseded the Sydney Mechanics' School of Arts. The college is one of Australia's oldest technical education in ...
, and entered a law course at the
University of New South Wales
The University of New South Wales (UNSW), also known as UNSW Sydney, is a public research university based in Sydney, New South Wales, Australia. It is one of the founding members of Group of Eight, a coalition of Australian research-intensiv ...
. He became only the second Indigenous person to graduate from that university (after
Pat O'Shane
Patricia June O'Shane (born 19 June 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, Austr ...
) when he graduated in 1978. He was admitted to the New South Wales
Bar
Bar or BAR may refer to:
Food and drink
* Bar (establishment), selling alcoholic beverages
* Candy bar
* Chocolate bar
Science and technology
* Bar (river morphology), a deposit of sediment
* Bar (tropical cyclone), a layer of cloud
* Bar (un ...
in 1979. As a
barrister, he represented many Aboriginal people in criminal trials, and was often instructed by the Aboriginal Legal Service. In 1987 Bellear was appointed as an assisting counsel to the
Royal Commission into Aboriginal Deaths in Custody.
In 1993 he was awarded an
honorary doctorate
An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or '' ad ho ...
of laws by
Macquarie University
Macquarie University ( ) is a Public university, public research university based in Sydney, Australia, in the suburb of Macquarie Park, New South Wales, Macquarie Park. Founded in 1964 by the New South Wales Government, it was the third univer ...
. On 17 May 1996, Bellear was appointed a judge of the
District Court of New South Wales
The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a ran ...
, the first Indigenous person to be appointed to any court in Australia. He served as a judge until his death.
During this time he mentored young Indigenous lawyers, and encouraged students to attend his courtroom. He did not try to remain in
Sydney, instead preferring the rural circuit, where he could visit Aboriginal communities in regional centres, and bring students into his courtroom.
Personal life
In his later life, Bellear was diagnosed with
peritoneal mesothelioma, contracted during his time with the Royal Australian Navy, when as an apprentice engineer he was exposed to
asbestos fibers
Asbestos () is a naturally occurring fibrous silicate mineral. There are six types, all of which are composed of long and thin fibrous crystals, each fibre being composed of many microscopic "fibrils" that can be released into the atmosphere b ...
. Bellear died at his home on 15 March 2005, wearing a
Che Guevara T-shirt. He was survived by his wife, two children Joanne and Kali (a third son, Malu died in his early twenties in 1996) and four grandchildren. The
Government of New South Wales granted Bellear a
state funeral
A state funeral is a public funeral ceremony, observing the strict rules of Etiquette, protocol, held to honour people of national significance. State funerals usually include much pomp and ceremony as well as religious overtones and distinctive ...
, held at the
Sydney Town Hall
The Sydney Town Hall is a late 19th-century heritage-listed town hall building in the city of Sydney, the capital city of New South Wales, Australia, housing the chambers of the Lord Mayor of Sydney, council offices, and venues for meetings a ...
. It was attended by about 2000 guests, including
Governor of New South Wales
The governor of New South Wales is the viceregal representative of the Australian monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the ...
Marie Bashir
Dame Marie Roslyn Bashir (born 1 December 1930) is the former and second longest-serving Governor of New South Wales. Born in Narrandera, New South Wales, Bashir graduated from the University of Sydney in 1956 and held various medical positio ...
and former
Chief Justice of New South Wales
The Chief Justice of New South Wales is the senior judge of the Supreme Court of New South Wales and the highest-ranking judicial officer in the Australian state of New South Wales. The Chief Justice is both the judicial head of the Supreme Cour ...
Laurence Street.
References
External links
*
Judge Bob Bellear & brother Sol photo taken at the 30th anniversary dinner of the
Aboriginal Medical Service (2001)
{{DEFAULTSORT:Bellear, Bob
1944 births
2005 deaths
Indigenous Australian people
20th-century Australian judges
21st-century Australian judges
University of New South Wales Law School alumni
Australian people of Vanuatuan descent
Australian people of Solomon Islands descent
Deaths from cancer in New South Wales
Deaths from mesothelioma
Australian mechanical engineers
Royal Australian Navy sailors
Judges of the District Court of NSW