Federation

Federal System -
System of government in which a national government and state government have their own independent legal systems and law making powers

Federation -
Forming of a nation by union of states which give up some powers and responsibility to national government.

Stages

1)Pre-convention stage
involvement in pre-federation colonial conferences and agreement

2)Australasian conventions
participation in two formal australasian conventions to draft the constitution

3)Colonial ratifications
passing of enabling bills to conduct colonial referendums to get the approval of the colonists for the federation proposal

4)British approval
negotiation with britist government to have them sponcor the bill through the Imperial Government

5)Proclaimation and Inauguration
1 january 1901

1840s-1901


Reasons -

institute free interstate trade and national defense arrangements

Restricted immigration policy
industrial relations systems to resolve interstate disputes
national approach to communication networks

Amending the Constitution

Section 128 - Altering the Constitution

1)Consultation
2)Drafting
3)Parliament Stage
4)Referendum Stage
5)Post Referendum

Reasons for failure:
1)Bipartisan support
(non-labor parties reluctant to co-operate)

2)State's power
-One proposal in 1988 referendum failed as states were opposed to Federal Government being given financial grants directly to local government councils.
-Erosion of state authority

3)Dual criteria
-Organic document capable of change

4)Miscellaneous reasons
-Fear of big government
-General misunderstanding of complex issues
-LEave things as they are
-Government doesnt make it simple

Aboriginals - List of Acts/Constitution Shit/HR Conventions

Native Title Act 1993
-Established National Native Title Tribunal
-Prescribed necessary criteria to approve applications
-Federal court gives effects

1967 Referendum!
-Remove perception of discrimination
-Meet approved moral standards of human rights
-Allow commonwealth to make national laws about indigenous affairs

Section 51 (xxvi)
'other then the aboriginal race in any state'
-Making indigenous affairs a prohibited power of commonwealth and residual power

Section 127
'where the population of the aboriginal natives shall not be counted'
-Removal : allowing same citizen rights for them like other Australians

Federal Statutes

Racial Discrimination Act 1975
-passed under obligations of International Convention on the Elimination of All Forms of Racial Discrimination
-Makes discrimination based on color, national or ethic origin unlawful.

Racial Hatred Act 1995
Amends and expands the coverage of RDA
-Making it unlawful to offend, insult, humiliate or intimidate

Human Rights and Equal Opportunity Commission Act 1986
-Created the commission now known as Australian Human Rights Commission
-Administers RDA and RHA


Council for Aboriginal Reconcilitation Act 1991
-Established the Council for Aboriginal Reconcilitation to build better communication and understanding.
-Aims to address issues such as cultural recognition and shared ownership or history

Aboriginal and Torres Strait Islander Heritage Protection Act 1984
-Protects and preserves significant parts of aboriginal people's cultural heritage and complement state acts

State Statutes

Bad

1911 South Australia : Aborigines Act
Power to segregate Aboriginal people onto reserves/power to arrest

1923 South Australia Aborigines (Training for children) Act

Good

Equal Opportunity Act 1984
-Consolidated a few discrimination acts including South Australian Racial Discrimination Act 1976
-Administered by State Equal Opportunity Commissioner
-Aggrived persons can complain to Equal Opportunity Tribunal

Racial Vilification Act 1996
-Allows civil claims to be made for damages, as well as criminal prosecutions of companies and individuals.
-Administered by SA Equal Opportunity Tribunal(EOT)

Aboriginal Heritage Act 1988
-Committee includes indigenous representatives
-Advises minister to protect/preserve sacred Aboriginal sites, objects or remains
-A Register of Aboriginal Sites and Objects maintained by Minister

Protection of Aboriginal Rights

Problems with courts -

1)Lack of Aboriginal cultural awareness.
-Aboriginal awareness training

2)Language barriers.
-Interpreters.

3)Customs (avoidance relationship etc)
Tale into account customary law.

Avoidance of eye contact, family members, naming the dead.

Proposals already made:

Employment of Aboriginal court facilitators by the Department of Justice

Aboriginal Court Day/Nunga Court in Port Adelaide, South Australia
-Deals only with aboriginal people who plead guilty to an offence
-Magistrate sits off bench, more at eye-level with offender
-Aboriinal justice officer/senior Aboriginal person advises on cultural and community matters
-Offender sits at bar table with lawyer and a relative sit with them
-Family/friends encouraged to attend