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There are layers of frustration around the resignation of Greens senators Scott Ludlam and Larissa Waters due to dual citizenship. The immediate loss of two of Australia's better parliamentary performers - on any side of politics - is unfortunate. For no one in their orbit and nothing in the AEC nomination process to have caught something so fundamental is unsettling, but perhaps not that odd. Presumptions of Australian-ness are more or less adjudicated on a certain kind of look and surname.
Plagued by sluggish uptake, clinician reticence and a substantial privacy backlash, the $1.2 billion My Health Record has proven, thus far, something of a lemon. The putative benefits of an electronic health record have been expounded at length by the government. But for success there must be buy-in, and for buy-in, there must be trust, according to the Productivity Commission. Both are lacking, and it is important to consider why.
It is no disrespect to those Aborigines and Torres Strait Islanders gathered at Uluru to say that now is the time for the report of the Referendum Council to be scrutinised by our national politicians, and that our elected leaders should pay special heed to the observations of those Indigenous members of the federal parliament who have offered considered reflections on the way forward. In particular, our elected representatives should have regard to the views of Patrick Dodson who is now Bill Shorten's Shadow Assistant Minister for Indigenous Affairs and Aboriginal and Torres Strait Islanders.
Anglican priest, traditional landowner and land rights campaigner David Passi has died. He was the last surviving plaintiff in the historic Mabo decision. A year after the Mabo decision I travelled to the Torres Strait and met James Rice and Passi, the two successful litigants in the case. Returning by boat to the mainland from the island of Mer in the Murray Islands, the waters of the Torres Strait were exceedingly calm.
Indigenous leaders this last week have called for the creation of two new legal entities. They want a First Nations Voice enshrined in the Constitution, and a Makarrata Commission set up by legislation. The Makarrata Commission would supervise agreement making between governments and First Nations and engage in truth telling about history. The envisaged destination is a national Makarrata (or treaty). So the immediate constitutional issue is the creation of the First Nations Voice. There is no point in proceeding with a referendum on a question which fails to win the approval of Indigenous Australia. Neither is there any point in proceeding with a referendum which is unlikely to win the approval of the voting public.
In the face of historically low levels of Indigenous representation in our parliaments, the Indigenous caucus between Commonwealth, State and Territory Labor representatives points to some progress. It is aimed at increasing Indigenous voter engagement figures, increasing Indigenous Labor candidacy, and developing strategic plans that encourage Indigenous students to become young leaders in Parliament. Those are all necessary and noteworthy causes. But we have a long way to go.
The Australian Law Reform Commission inquiry into Indigenous incarceration in Australia recognises and validates widely held concerns. On the other hand, it also represents the abject failure of successive governments around the country to pay heed to what we do know about the incarceration of Aboriginal and Torres Strait Islander Australians, including the failure to implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody.
It is hard to overstate the sort of things that become permissible when the dominant political culture appeals to our darker nature. Take the cascade of brutality in the Philippines, or the stream of hateful incidents in the US. In Australia, white supremacist groups staged 'victory rallies' after the US election, and posters appeared last weekend at Melbourne University telling 'dunecoons, shitskins, niggers, chinks' to get out. This permissiveness isn't just about Trump, though he is a catalyst.
Indigenous workers of previous generations struggled and undertook strike actions so that their descendants would not be exploited and abused in the same way that they had been. While we may have many more Aboriginal people achieving and attracting higher waged work than we did in the years gone by, the exploitation of the most vulnerable in our community continues. The years may have ticked over, but the government's attitude to the value of Indigenous workers has not.
'No matter what the economic, political and legal problems confronted by modern day India, our response can be improved by an application of the key principles and norms developed in the international law of trade and human rights, helping to enunciate the realm of law, regulation and political accountability, enhancing public scrutiny providing the right environment for doing business.' Frank Brennan presents the 25th JRD Tata Oration, Xavier School of Management, Jamshedpur, India, 26 November 2016.
Growing up in Geelong, many friends worked at Ford, or Alcoa, Pilkington or any of the other allied suppliers. As each of these stopped manufacturing in Victoria's second city, employers and governments promised retraining. But where are the jobs? Factories are quickly moving to a 'lights out' operation, with no lights, no air conditioning — and no humans. Modelling suggests nearly 5000 Geelong residents will lose their jobs to the decline in manufacturing before the end of 2017, and 200,000 nationwide. Can we find new-economy jobs for every one of them?
With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.
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