In this article, the term ‘Indigenous’ will be used when referring to Indigenous peoples internationally or to Aboriginal and Torres Strait Islanders in Australia, while the term ‘Aboriginal’ will be used in relation to Aboriginal people in the Northern Territory.
2.
CERD, General Recommendation 23: Rights of Indigenous Peoples, 51st sess, [3], UN Doc A/52/18, annex V at 122 (1997) at [4].
Commonwealth, Parliamentary Debates, House of Representatives, 7 August 2007, 18 (Mal Brough, Minister for Families, Community Services and Indigenous Affairs). (‘Second Reading Speech’)
6.
ShawBarbara, Request for Urgent Action under the International Convention on the Elimination of All Forms of Racial Discrimination (2009), 10 <jumbunna.uts.edu.au/research/submissions.html> at 5 February 2010. I was one of a team of lawyers who assisted the Authors to prepare their request to CERD.
7.
Second Reading Speech, above n 5, 6–11.
8.
Ibid9; ABC Television, ‘Govt Responds to Northern Territory Intervention Review’, The 7:30 Report, 23 October 2008 <abc.net.au/7.30/content/2008/s2399696.htm> at 5 February 2010.
Shaw v Minister for Families, Housing, Community Services and Indigenous Affairs [2009] FCA 1397 (26 November 2009).
20.
This overview of the history and character of the Alice Springs Town Camps is taken from comprehensive accounts in CoughlanFrances, Aboriginal Town Camps and Tangentyere Council: The Battle for Self-Determination in Alice Springs (Master of Arts Thesis, La Trobe University, 1991) <desertknowledgecrc.com.au/publications/educationreports.html>at 5 February 2010; HeppelMichaelWigleyJulian, Black out in Alice. A history of the establishment and development of town camps in Alice Springs (1981); Mpwetyerre & Ors v Alice Springs Town Council [1996] NTSC 30 (14 May 1996, Kearney J); Tangentyere v Commissioner of Taxes (1990) 21 ATR 239 (4 May 1990, Angel J).
21.
Coughlan, above, n 20, 117.
22.
Mt Nancy Housing Association Incorporated Constitution — 30 November 2006 item 1.3, Schedule 1.
23.
Mpwetyerre & Ors v Alice Springs Town Council [14] [18]
24.
CollmannJeff, Fringe Dwellers and Welfare: The Aboriginal Response to Bureaucracy, (1988).
Senate Standing Committee on Community Affairs, Government expenditure on Indigenous affairs and social services in the Northern Territory, (2008) [3.7].
32.
HalloranMichael, ‘Cultural Maintenance and Trauma in Indigenous Australia’ (2004) 11(4) E Law — Murdoch University Electronic Journal of Law <murdoch.edu.au/elaw/issues/vIIn4/halloranII4.html>at 5 February 2010 at [3].
33.
Ibid [14]–[17].
34.
Ibid [20].
35.
CornellStephenKaltJoseph P, ‘Two Approaches to the Development of Native Nations: One Works, the Other Doesn't’ in JorgensonMiriam (ed), Rebuilding Native Nations: Strategies for Governance and Development (2007), 12–13.
36.
HuntJanetSmithDiane, ‘Building Indigenous community governance in Australia: Preliminary research findings’ (Working Paper No 31/2006, CAEPR, Australian National University, 2006), 16.
37.
BlaggHarry, ‘Colonial Critique and Critical Criminology: Issues in Aboriginal Law and Aboriginal Violence’ in AnthonyThaliaCunneenChris (eds), The Critical Criminology Companion (2008), 132.
38.
Ibid.
39.
Australian Indigenous Doctors' Association, Submission to the Northern Territory Emergency Response Review Board (2008) at [17] <aida.org.au/pdf/submissions/Submission_8.pdf> at 5 February 2010.
