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'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.
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.
The aftershocks of the late-century push for liberalisation and the GFC have bred generations of dislocated voters who seek answers outside of the limited solutions of centrist governance. This provides ample opportunity for true progressive change, as seen in Europe and Latin America, and now the US and UK. Where's Australia? Nowhere to be seen. It is hard to imagine a truly progressive candidate emerging from our ossified political structures. There are a few reasons for this.
The formative experiences of Australian early boomers include unprecedented access to university education and health care, immersion in feminist discourse, Aboriginal land rights campaigns, environmental activism, LGBT movements and pacifism. Quite remarkably, it mirrors some of the elements that engage millennials. While in some ways anti-boomer sentiment seems well placed, what it misses is that on social issues a 21-year-old might have more in common with a 61-year-old than a 71-year-old.
Last week, Malcolm Turnbull presented the eighth annual Prime Minister's Report on the government's Close the Gap campaign. The Close the Gap Campaign steering committee also released its 2016 progress and priorities report. While the reports identify modest gains, overall the gaps remain wide the words 'target not met' recur throughout. The results are disheartening but should strengthen the resolve of all concerned to set realistic goals, with consultation at local levels.
The Northern Territory News and the ABC reported this month that the Central Australian Affordable Housing Company had been unsuccessful in its tender for continuing tenancy services to the Town Camps of Alice Springs. Despite being a product of the Intervention, CAAHC had developed a powerful model of community housing and had the support of the Central Land Council and the wider Aboriginal community. It appears that these are not attributes the NT government admires.
At the end of 2014, the scene for Indigenous politics in 2015 was set. While it is rare to see a year where Aboriginal and Torres Strait Islander people don't take to the streets to challenge government policies, Western Australian Premier Colin Barnett's announcement in November 2014 of the proposed closure of remote communities led to a large scale movement. It was one of several events that mobilised Indigenous communities during 2015. Next year is shaping up to be just as action packed.
There are currently two national inquiries into the experiences of children in out-of-home care. Yet neither is specifically exploring what happens to young people transitioning from care. This is like a football team putting in a good performance in the first half but neglecting the second, which decides the outcome.
The PM's cavalier use of the term 'lifestyle choice' is totally inappropriate when referring to the people who will be affected by the proposed closures of remote Aboriginal communities. Undeniably it is expensive to sustain remote living, and effective schooling and health services are unfeasible. But we must avoid arbitrary decision-making, and implicit disparagement of people in remote communities.
Recently Cyclone Lam devastated large areas of Arnhem Land, resulting in much battered infrastructure in need of restoration. We can’t blame the cyclone itself. Instead, the fragmented way we approach the problem of addressing the needs of the locals is more the issue.
'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.
'The market for disability services will need to be underpinned with a strong and robust internal risk management framework. There will be an increasing number of for-profit operators in the sector. Hopefully the not-for-profit operators will make the necessary adaptations competing in the market and providing the ethos for the market to deliver services in a dignified, fair and transparent manner.' Frank Brennan's Leading the Way Seminar for the National Disability Service
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