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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 Australian mainland and many of its islands, excluding the ethnically distinct people of the Torres Strait Islands. Humans first migrated to Australia 50,000 to 65,000 year ...
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 rang ...
from 1996 until his death in 2005.


Early life

Bellear was born in the far north-east of
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
, and grew up near the town of Mullumbimby and he was a Bundjalung man. His grandfather was a Ni-
Vanuatu Vanuatu ( or ; ), officially the Republic of Vanuatu (; ), is an island country in Melanesia located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is east of northern Australia, northeast of New Caledonia, east o ...
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 Australian mainland and many of its islands, excluding the ethnically distinct people of the Torres Strait Islands. Humans first migrated to Australia 50,000 to 65,000 year ...
woman from Minjerribah (also known as Stradbroke Island) in
Queensland Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...
. His other grandfather had been blackbirded from the
Solomon Islands Solomon Islands, also known simply as the Solomons,John Prados, ''Islands of Destiny'', Dutton Caliber, 2012, p,20 and passim is an island country consisting of six major islands and over 1000 smaller islands in Melanesia, part of Oceania, t ...
. Bellear was one of nine children and, Aboriginal rights advocate, Sol Bellear 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 (human categorization), race or ethnicity over another. It may also me ...
. Instead, he joined the
Royal Australian Navy The Royal Australian Navy (RAN) is the navy, naval branch of the Australian Defence Force (ADF). The professional head of the RAN is Chief of Navy (Australia), Chief of Navy (CN) Vice admiral (Australia), Vice Admiral Mark Hammond (admiral), Ma ...
, where he was trained in
mechanical engineering Mechanical engineering is the study of physical machines and mechanism (engineering), mechanisms that may involve force and movement. It is an engineering branch that combines engineering physics and engineering mathematics, mathematics principl ...
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 under ...
. He was a successful
rugby union Rugby union football, commonly known simply as rugby union in English-speaking countries and rugby 15/XV in non-English-speaking world, Anglophone Europe, or often just rugby, is a Contact sport#Terminology, close-contact team sport that orig ...
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. Often they may be superior to a seaman, and subordinate to more senior non-commissioned officers, such as chief petty officers. Petty officers are usually sailors that have ...
. Bellear left the Navy in 1968, with several qualifications, including
masonry Masonry is the craft of building a structure with brick, stone, or similar material, including mortar plastering which are often laid in, bound, and pasted together by mortar (masonry), mortar. The term ''masonry'' can also refer to the buildin ...
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 Aboriginal Medical Services Redfern, known as AMS Redfern, formerly the Aboriginal Medical Service (AMS) is an Aboriginal Australian health service in the Sydney suburb of Redfern. Established around 1971, it was the first Aboriginal community- ...
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 property such as a house, apartment, condominium, land, or real estate that is rented or leased to an individual or business, known as a tenant (also called a ''lessee'' or ''renter''). The term landlord appli ...
s in Redfern from evicting Aboriginal tenants, and his work led to 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 ...
transferring ownership of The Block to the Aboriginal Housing Corporation.


Legal education and career

Bellear would regularly see the patterns of
intimidation Intimidation is a behaviour and legal wrong which usually involves deterring or coercing an individual by threat of violence. It is in various jurisdictions a crime and a civil wrong (tort). Intimidation is similar to menacing, coercion, terro ...
and
harassment Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and ...
which the
New South Wales Police The New South Wales Police Force is a law enforcement agency of the state of New South Wales, Australia, established in 1862. With more than 17,000 police officers, it is the largest police organisation in Australia, policing an area of 801,60 ...
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 part of TAFE NSW, 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 institutions. History The Sydney M ...
, and entered a law course 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 ...
. He became only the second Indigenous person to graduate from that university (after
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 ...
) when he graduated in 1978. He was admitted to the New South Wales Bar in 1979. As a
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
, 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 hon ...
of laws by
Macquarie University Macquarie University ( ) is a Public university, public research university in Sydney, New South Wales, Australia. Founded in 1964 by the New South Wales Government, it was the third university to be established in the Sydney metropolitan area. ...
. 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 rang ...
, 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 Sydney is the capital city of the States and territories of Australia, state of New South Wales and the List of cities in Australia by population, most populous city in Australia. Located on Australia's east coast, the metropolis surrounds Syd ...
, 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 Peritoneal mesothelioma is the name given to the cancer that attacks the lining of the abdomen. This type of cancer affects the lining that protects the contents of the abdomen and provides a lubricating fluid to enable the organs to move and work ...
, contracted during his time with the Royal Australian Navy, when as an apprentice engineer he was exposed to asbestos fibers. 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 The Government of New South Wales, also known as the NSW Government, is the executive state government of New South Wales, Australia. The government comprises 11 portfolios, led by a ministerial department and supported by several agencies. Th ...
granted Bellear a
state funeral A state funeral is a public funeral ceremony, observing the strict rules of protocol, held to honour people of national significance. State funerals usually include much pomp and ceremony as well as religious overtones and distinctive elements o ...
, held at the Sydney Town Hall. It was attended by about 2000 guests, including
Governor of New South Wales The governor of New South Wales is the representative of the monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia, Governor-General of Australia at the national level, the governor ...
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 positions ...
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 New South Wales (commonly abbreviated as NSW) is a States a ...
Laurence Street.


References


External links

*
Judge Bob Bellear & brother Sol
photo taken at the 30th anniversary dinner of the
Aboriginal Medical Service Aboriginal Medical Services Redfern, known as AMS Redfern, formerly the Aboriginal Medical Service (AMS) is an Aboriginal Australian health service in the Sydney suburb of Redfern. Established around 1971, it was the first Aboriginal community- ...
(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 in Australia Australian mechanical engineers Royal Australian Navy sailors Judges of the District Court of NSW People from the Northern Rivers Bundjalung people